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Payne v. State8/29/2003
ate a tuna fish sandwich, and shortly after she ate, she began to feel sick and decided to go home. As she was driving home, Appellant told Nutt that she did not feel disoriented. When told that witnesses said that she was driving erratically, Appellant stated that her "truck was out of line in the front" and that the truck had a "tire that doesn't really fit."
Appellant further said that she did not "go off in the grass" while driving and that she "never even seen" Taylor as she was driving on Highway 334. She also told Nutt that the only thing she could remember was that she was "on the road" and that she was "basically in shock." After the accident occurred and Appellant left the Seven Points Police Department, an ambulance came to her home and took her to Kaufman Hospital in Kaufman, Texas because she was in shock.
On cross-examination, Nutt could not recall whether Appellant was in a "walking boot" at the time he took her statement. However, Nutt agreed that he had received information from officers who investigated the accident that Appellant had been wearing a "walking boot" on the day of the accident and that the officers had found crutches in Appellant's truck.
Amanda Cline ("Cline") worked in the same building as Appellant. She testified that on the morning of July 31, Appellant told her she was sick and asked if Cline would answer the phone. Cline noticed that Appellant seemed "like she was sick and kind of shaky-like." After the accident occurred, Cline stated that Appellant called and when asked if she was alright, Appellant said that "she didn't remember anything about it, she didn't remember where it happened."
When cross-examined, Cline noted that when Appellant arrived to work at 8:30 a.m. that morning, she seemed fine. Cline also stated that based on her observations of Appellant on the morning of July 31, nothing indicated to her that Appellant would not have been able to operate a motor vehicle.
Jackie Parchman, ("Parchman"), a forensic pathologist at the Dallas County Medical Examiner's Office, testified that Taylor died of multiple blunt force injuries she sustained as a result of being struck by Appellant's truck and that a motor vehicle could sometimes be a deadly weapon. Parchman further stated that Soma is "designed to make you get sleepy," "become drowsy and less alert and fall asleep." She also testified that Lortab is "hydrocodone with some acetaminophen" and is a "mid-level narcotic" pain medication. She also agreed with the assertion that drinking one beer could result in that person losing the normal use of his or her mental or physical faculties.
Anthony Murphey ("Murphey"), a co-worker of Bennington's who was riding with Bennington at the time of the accident, testified that when he first observed Appellant's truck, it was traveling behind his vehicle and was "swerving on the outside of the road," meaning that it was swerving into oncoming traffic. Appellant then corrected her steering and traveled in the proper lane. Shortly thereafter, Murphey watched Appellant's vehicle drive "off in the ditch" on the side of the lane she was traveling in. Murphey stated that for thirty or forty yards, one half of Appellant's truck was off of the roadway. Appellant then steered left, across the proper lane and back into oncoming traffic.
Murphey testified that Appellant drove into oncoming traffic for about twenty yards and that as she was traveling in the improper lane, other vehicles had to move out of her way. Appellant then steered into the correct lane, where she traveled "for some time." Murphey stated that he did not see Taylor walk into the road and that when Appellant's vehicle struck Taylor, about
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