Anderson v. Gribble, 13078
| Decision Date | 16 August 1973 |
| Docket Number | No. 13078,13078 |
| Citation | 30 Utah 2d 68,513 P.2d 432 |
| Parties | d 68 Lula M. ANDERSON, Individually and as personal representative of Oris Eldon Anderson, Deceased, Plaintiff and Appellant, v. James B. GRIBBLE, Defendant and Respondent. |
| Court | Utah Supreme Court |
W. Eugene Hansen, of Nielson, Conder, Hansen & Henriod, Salt Lake City, for plaintiff-appellant.
D. Gary Christian, of Kipp & Christian, Salt Lake City, for defendant-respondent.
Plaintiff initiated this action on behalf of herself to recover damages for the personal injuries she had sustained and as personal representative of her deceased husband's estate for his wrongful death in an intersection collision near Gunnison, Utah. The matter was tried before the court, sitting with a jury. At the conclusion of plaintiff's presentation of her evidence, defendant made a motion for a nonsuit, which the trial court granted and entered judgment thereon. Plaintiff appeals and contends that from the evidence reasonable minds could differ as to whether defendant was negligent and decedent was contributorily negligent, and, therefore, the trial court erred by its refusal to submit these issues to the jury.
This accident occurred on a clear, sunny morning at about 10:30. Both roads, abutted by fields, were dry, hard-packed, gravelled surfaces. Mr. Anderson was driving his pickup truck in a northerly direction on First West with his wife seated on the passenger's side in the cab. The defendant was traveling in an easterly direction on Sixth South in a cattle truck. Along the south side of Sixth South, there were brush and weeds, attaining the height of three or four feet. Along the west side of First West, there was an elevated ditch with vegetation growing from the bank, the tops of which were situated approximately seven feet above the surface of the road. A large, bushy tree was growing near the southwest corner of the intersection. These obstructions created a blind intersection. The two vehicles collided when the right front of the cattle truck struck the center of the left side of the pickup truck; the point of impact was approximately in the center of the intersection. Mr. Anderson died two hours after the accident. Mrs. Anderson was hospitalized for ten days for her injuries.
The physical evidence indicated that the cattle truck left 52 feet of skid marks, prior to impact. The Anderson vehicle left no skid marks, and there was no sign of any evasive action by Mr. Anderson. Mrs. Anderson testified that they had been traveling at approximately 30 mph. as they entered the intersection. She testified that she had been looking at the fields while driving and she did not see the other vehicle until the moment before they collided.
After the accident the police conducted an experiment to ascertain the point from the intersection at which the driver on one road could first observe an approaching vehicle on the other. The officer estimated that the patrol cars used in the experiment were approximately 5 1/2 feet above the surface of the road and that the Anderson vehicle was 6 feet and the Gribble truck was 12 feet above the surface of the road. Although the record is not completely clear, the officer appeared to testify that the driver traveling in the direction of the Gribble vehicle, at a point 56 feet west of the intersection could observe a vehicle on the other road at a point 54 feet south of the intersection. He further testified that a vehicle traveling northerly on First West could observe a vehicle 56 feet west of the intersection, but he did not establish the point south of the intersection at which this observation was possible. Although defendant has emphasized these figures to support the conclusion of the trial court that the decedent was contributorily negligent, they in fact, merely emphasize the blind nature of the intersection. The officer testified and later retracted a statement that defendant had informed him that he was driving 35 mph. At 35 mph. a vehicle would travel 51.3 feet per second, at 30 mph. a vehicle would travel 44 feet per seconcd, and at 25 mph. a vehicle would travel 36.6 feet per second; consequently, the vehicles would reach the interesction in approximately one second after the approaching vehicle was observed.
Defendant predicated his motion for nonsuit on the ground that the evidence indicated that Mr. Anderson was negligent in that (a) as he traveled down the road he observed the defendant, but he insisted on his right of way and made no attempt to avoid the accident; or (b) he did not observe defendant and was totally unaware of his approach; or (c) for some reason he refused or was unable to react or respond to the approaching vehicle. The trial court ruled that plaintiff had not established a prima facie case.
The motion, although labeled a nonsuit, was a motion for a directed verdict under Rule 50(a), U.R.C.P. Upon a motion for a directed verdict, the trial court is obliged to view the evidence in the light most favorable to the party against whom it is directed. 1 This court will sustain the granting of such a motion only...
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