Callahan v. Reynolds

McWilliams, J., delivered the opinion of the Court. Just after dark on a rainy summer night in 1965 the appellee (Reynolds) and Eddie McCulley, his passenger, were northbound on the District of Columbia section of Kenilworth Avenue (Interstate Route 295) heading for a party in Riverdale. Almost immediately after entering Prince George’s County Reynolds approached a point ⁶²⁷ where two of the five lanes diverged to the left to provide access to the Baltimore-Washington Parkway (Temp. Interstate 95).

The other three lanes of Kenilworth Avenue continued straight ahead, becoming Maryland Route 201. Reynolds was in the left of those three lanes. Although the posted limit was 45 miles per hour, he was proceeding slowly, about 30 to 35 miles per hour, because of the heavy rain. Nettie Callahan also was northbound on Kenilworth Avenue.

She was headed for her sister’s home in College Park which, she thought, made it necessary for her to leave Kenilworth Avenue and continue her journey on the Baltimore-Washington Parkway. With her were her mother, Lula Cooke, and her two teenage daughters. She was in the lane to the right of Reynolds. The collision occurred as Mrs. Callahan attempted to cross over to one of the two lanes of the access road leading to the Baltimore-Washington Parkway.

Neither car was badly damaged; both drivers proceeded to their respective destinations. The ensuing litigation came on for trial before R. B. Mathias, J., and a jury, on 14 October 1968, in the Circuit Court for Prince George’s County. The plaintiffs, appellants here, called Reynolds as an adverse witness. Reynolds, 26 at the time, testified that on Saturday, 21 August, at about 8:45 p.m., it was dark and “raining pretty hard.” He said he did not see Mrs. Callahan “until she pulled in front of * * * [him].” After the collision both drivers pulled off to the side of the road.

Reynolds testified Mrs. Callahan said she was sorry she pulled in front of him. He then left the scene of the collision to “call the police.” His car was “brand new” and in “good” mechanical condition. What follows is an excerpt from his cross-examination: “Q. Now tell the ladies and gentlemen of the jury what happened from the time you left your house until the time of the accident and how the accident happened. A. Well, I was going out ⁶²⁸ Kenilworth Avenue, proceeding north, and when this car swerved right in front of me and I didn’t have any choice but to slam on the brakes and I just went right in the back of them, the left side or the left rear, with my right front. “Q. Where was the damage to your car, Mr. Reynolds?

A. Right front. “Q. Was there any damage on the side at all ? A. Right front fender. That is considered front and side. “Q. So there was damage on the side of your car? A. Yes, sir.” Mrs. Callahan testified her speed was about 30 miles per hour; the collision occurred about four blocks from the point of divergence; she saw no cars behind her or, as she put it, “absolutely no trafile;” her turn signal was operating to indicate a left turn for about four blocks; she “was slowly proceeding into the right lane of Washington-Baltimore Turnpike.” Officer Shaner confirmed the fact that it was dark and that it was raining.

He said Mrs. Callahan’s left rear fender was