Opinion
38085.
DECIDED JANUARY 27, 1960.
Action for damages. Fulton Civil Court. Before Judge Camp. October 2, 1959.
Everett L. Almon, for plaintiff in error.
Greene, Neely, Buckley DeRieux, John D. Jones, contra.
The trial court erred in sustaining the general demurrer for reasons given in the body of the opinion.
DECIDED JANUARY 27, 1960.
Mrs. Thelma Wright brought suit for damages in the Civil Court of Fulton County against Tom Bailey. The petition alleged that on January 6, 1959, at the intersection of Jett Ferry Road and Old Lawrenceville Road in DeKalb County, Georgia, the plaintiff's automobile driven by her son, came to a stop at the intersection immediately behind a pickup truck which was owned by the defendant and operated for his benefit, and being driven by his employee and agent, Robert B. Renfroe, who was acting within the line and scope of his employment; that the defendant's pickup truck moved off and proceeded forward at the intersection followed by the plaintiff's son in the plaintiff's automobile; that without warning, the defendant's truck stopped suddenly and violently, directly in front of the plaintiff's automobile, thereby causing the plaintiff's automobile to run into the rear of the defendant's truck; that the plaintiff's son was driving in a safe, cautious and orderly manner; that the plaintiff's car was damaged in the amount of $400, which is the amount sued for; that the defendant's agent was negligent in stopping the truck in such sudden and violent manner. The defendant demurred generally and specially to the petition. The trial court sustained the general demurrer, to which ruling the plaintiff excepts and assigns it as error for review by this court.
The trial court erred in sustaining the general demurrer. "Where certain conduct is alleged to be negligent, it is a jury question whether such conduct constitutes negligence if reasonable minds might differ upon the question." Georgia Power Co. v. Blum, 80 Ga. App. 618 (2a) ( 57 S.E.2d 18). Code § 68-1647 (c) provides that: "No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal." The petition alleges that the defendant's truck stopped suddenly without warning. "It can not be said as a matter of law that the sudden and `violent' stopping of the truck without the giving of proper signals was not negligence. . ." Associated Transports, Inc. v. Greeson, 94 Ga. App. 47, 49 ( 93 S.E.2d 417). While it is true that the statute requires a signal if there is an opportunity, the lack of an opportunity would be a matter of defense, and not a question to be raised on demurrer.
Judgment reversed. Felton, C. J., and Nichols, J., concur.