{
  "id": 1878573,
  "name": "Connie WILSON v. Thomas J. EVANS",
  "name_abbreviation": "Wilson v. Evans",
  "decision_date": "1984-11-19",
  "docket_number": "84-170",
  "first_page": "101",
  "last_page": "102",
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      "cite": "284 Ark. 101"
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      "cite": "679 S.W.2d 205"
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  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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      "cite": "280 Ark. 549",
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      "reporter": "Ark.",
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      "cite": "245 Ark. 552",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 1968,
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    {
      "cite": "280 Ark. 310",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "weight": 2,
      "year": 1983,
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    {
      "cite": "279 Ark. 224",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1746939
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      "weight": 2,
      "year": 1983,
      "opinion_index": 0,
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  "last_updated": "2023-07-14T21:22:32.164820+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Smith, J., concurs."
    ],
    "parties": [
      "Connie WILSON v. Thomas J. EVANS"
    ],
    "opinions": [
      {
        "text": "Webb Hubbell, Chief Justice.\nThis personal injury case involves two automobile accidents. On October 2, 1979, appellant, Connie Wilson, struck the rear of the vehicle of Thomas J. Evans, appellee. Over five months later, appellee ran into the back of a third party\u2019s vehicle. Appellee contends that the second accident was a result of a black out spell caused by his first accident. This is the second appeal in this case which was reversed and remanded on different issues. Evans v. Wilson, 279 Ark. 224, 650 S.W.2d 569 (1983). After reversal, a verdict and judgment of $35,000.00 was awarded Mr. Evans. On appeal, appellant argues that the second accident was not proximately caused by appellant\u2019s acts and that proof of damages sustained in the second accident should not have been presented. We agree and reverse and remand for a new trial.\nProximate cause is defined in terms of direct causadon. Kubik v. Iglehart, 280 Ark. 310, 657 S.W.2d 545 (1983). Proximate cause is that cause which \u201cin a natural and continuous sequence, produces damage.\u201d AMI 501; Bull v. Manning, 245 Ark. 552, 433 S.W.2d 145 (1968); Ben M. Hogan & Co. v. Krug, 234 Ark. 280, 351 S.W.2d 451 (1961).\nIn this case, over five months had elapsed between the first accident and Mr. Evans\u2019 second accident. Less than a month before the second accident, Mr. Evans had consulted a physician for vertigo and blacking out, yet he continued to drive his automobile knowing he was subject to spells of dizziness and blacking out.\nThere was no issue for the jury presented since appellant\u2019s acts did not lead in natural sequence without an intervening cause to appellee\u2019s injuries suffered in the second accident. Although proximate causation is usually a question for the jury, where reasonable minds cannot differ a question of law is presented for determination by the court. Cragar v. Jones, 280 Ark. 549, 660 S.W.2d 168; Keck v. American Employment Agency, Inc., 279 Ark. 294, 652 S.W.2d2 (1983).\nReversed and remanded.\nSmith, J., concurs.",
        "type": "majority",
        "author": "Webb Hubbell, Chief Justice."
      },
      {
        "text": "George Rose Smith, Justice,\nconcurring. I agree that testimony about the second accident was not admissible, the element of proximate cause being absent. According to the plaintiff\u2019s proof, the first accident caused him to have spells of blacking out. That susceptibility was an injury for which he was entitled to be compensated according to its \u201cnature, extent, and duration.\u201d AMI Civil 2d, 2202 (1974). He could prove to what extent the injury affected him, including any impaired ability to drive a car with safety, but specific instances such as the occurrence of the second accident should have been excluded.",
        "type": "concurrence",
        "author": "George Rose Smith, Justice,"
      }
    ],
    "attorneys": [
      "Butler, Hicky b- Routon, Ltd., by: Preston G. Hicky, for appellant.",
      "B. Michael Easley, by: James Smedley, for appellee."
    ],
    "corrections": "",
    "head_matter": "Connie WILSON v. Thomas J. EVANS\n84-170\n679 S.W.2d 205\nSupreme Court of Arkansas\nOpinion delivered November 19, 1984\nButler, Hicky b- Routon, Ltd., by: Preston G. Hicky, for appellant.\nB. Michael Easley, by: James Smedley, for appellee."
  },
  "file_name": "0101-01",
  "first_page_order": 129,
  "last_page_order": 130
}