Barnes v. Delta Lines, Inc., No. 13699

Docket NºNo. 13699
Citation99 Nev. 688, 669 P.2d 709
Case DateSeptember 27, 1983
CourtSupreme Court of Nevada

Page 709

669 P.2d 709
99 Nev. 688
George BARNES and Lisa Barnes, Appellants,
v.
DELTA LINES, INC.; Adolph Salazar, Respondents.
No. 13699.
Supreme Court of Nevada.
Sept. 27, 1983.

Page 710

Cochrane & Rose, and Robert E. Rose, Las Vegas, for appellants.

Beckley, Singleton, DeLanoy & Jemison, and Drake DeLanoy, Las Vegas, for respondents.

[99 Nev. 689] OPINION

PER CURIAM:

This appeal arises out of a traffic accident which occurred on July 25, 1978, when the automobile which was owned and operated by appellant George Barnes collided with a semitruck owned by respondent Delta Lines, Inc. Shortly before the collision occurred, the driver of the truck, respondent Adolph Salazar, had apparently pulled the truck forward from the righthand side of the road, and was in the process of backing the truck into a private parking lot on that same side of the road. When Barnes collided with the truck, it was apparently blocking both of the eastbound lanes of the road in the direction in which Barnes had been traveling. Barnes suffered various injuries in this accident, and he and his wife, appellant Lisa Barnes, subsequently brought a cause of action alleging that respondents had negligently owned and operated a motor vehicle.

At the trial on this matter, the judge instructed the jury that it was a violation of Nevada law to fail to yield the right of way to moving traffic while backing a vehicle on a roadway, or when entering a highway from a private way. See NRS 484.321, 484.449. Appellants then requested that the judge give the following negligence per se instruction to be read in conjunction with the above instructions on Nevada traffic laws:

[99 Nev. 690] If you find that a party to this action violated any of the statutes just read to you and that such violation was a proximate cause of injury to another or to himself, you will find that such violation was negligence unless such party proves by a preponderance of the evidence that he did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law.

The trial judge refused to give this instruction, and the jury returned a verdict for respondents. Appellants now contend that the judge's refusal was error. 1 We agree.

When a defendant violates a statute which was designed to protect a class of persons to which the plaintiff belongs, and thereby proximately causes injury to the plaintiff, such a violation constitutes...

To continue reading

Request your trial
19 practice notes
  • Prescott v. Slide Fire Solutions, LP, Case No.: 2:18-cv-00296-GMN-BNW
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • September 26, 2019
    ...on negligence per se based upon a violation of the Reno Municipal Code governing pedestrians' right of way); Barnes v. Delta Lines, Inc. , 99 Nev. 688, 669 P.2d 709, 710–11 (1983) ("[T]he two traffic statutes in question were clearly enacted to protect motorists such as appellant Barnes fro......
  • Honeycutt v. State, No. 35466, 35468.
    • United States
    • Nevada Supreme Court of Nevada
    • October 31, 2002
    ...733 So.2d 846, 849 (Miss.Ct. App.1998) (quoting Anderson v. State, 571 So.2d 961, 964 (Miss.1990)). 51. Cf. Barnes v. Delta Lines, Inc., 99 Nev. 688, 690 n. 1, 669 P.2d 709, 710 n. 1 (1983) (concluding that the requirements of NRCP 51 were met when the appellants provided the trial judge wi......
  • Vega v. EASTERN COURTYARD ASSOCIATES, No. 33932
    • United States
    • Nevada Supreme Court of Nevada
    • June 13, 2001
    ...660 P.2d 1013, 1015 (1983))); Brannan v. Nevada Rock & Sand, 108 Nev. 23, 26-27, 823 P.2d 291, 293 (1992); Barnes v. Delta Lines, Inc., 99 Nev. 688, 690, 669 P.2d 709, 710 10. 99 Nev. 688, 669 P.2d 709. 11. Id. at 690, 669 P.2d at 710-11. 12. 105 Nev. 48, 769 P.2d 53 (1989). 13. Id. at 51-5......
  • Cox v. Copperfield, 76422
    • United States
    • Nevada Supreme Court of Nevada
    • April 14, 2022
    ...(quoting Mahan v. Hafen, 76 Nev. 220, 225, 351 P.2d 617, 620 (I960)), which is within its province to do. Barnes v. Delta Lines, Inc., 99 Nev. 688, 690, 669 P.2d 709, 711 (1983) (holding that proximate cause is a question of fact for the jury). Otherwise stated, the Coxes failed to establis......
  • Request a trial to view additional results
19 cases
  • Prescott v. Slide Fire Solutions, LP, Case No.: 2:18-cv-00296-GMN-BNW
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • September 26, 2019
    ...on negligence per se based upon a violation of the Reno Municipal Code governing pedestrians' right of way); Barnes v. Delta Lines, Inc. , 99 Nev. 688, 669 P.2d 709, 710–11 (1983) ("[T]he two traffic statutes in question were clearly enacted to protect motorists such as appellant Barnes fro......
  • Honeycutt v. State, No. 35466, 35468.
    • United States
    • Nevada Supreme Court of Nevada
    • October 31, 2002
    ...733 So.2d 846, 849 (Miss.Ct. App.1998) (quoting Anderson v. State, 571 So.2d 961, 964 (Miss.1990)). 51. Cf. Barnes v. Delta Lines, Inc., 99 Nev. 688, 690 n. 1, 669 P.2d 709, 710 n. 1 (1983) (concluding that the requirements of NRCP 51 were met when the appellants provided the trial judge wi......
  • Vega v. EASTERN COURTYARD ASSOCIATES, No. 33932
    • United States
    • Nevada Supreme Court of Nevada
    • June 13, 2001
    ...660 P.2d 1013, 1015 (1983))); Brannan v. Nevada Rock & Sand, 108 Nev. 23, 26-27, 823 P.2d 291, 293 (1992); Barnes v. Delta Lines, Inc., 99 Nev. 688, 690, 669 P.2d 709, 710 10. 99 Nev. 688, 669 P.2d 709. 11. Id. at 690, 669 P.2d at 710-11. 12. 105 Nev. 48, 769 P.2d 53 (1989). 13. Id. at 51-5......
  • Cox v. Copperfield, 76422
    • United States
    • Nevada Supreme Court of Nevada
    • April 14, 2022
    ...(quoting Mahan v. Hafen, 76 Nev. 220, 225, 351 P.2d 617, 620 (I960)), which is within its province to do. Barnes v. Delta Lines, Inc., 99 Nev. 688, 690, 669 P.2d 709, 711 (1983) (holding that proximate cause is a question of fact for the jury). Otherwise stated, the Coxes failed to establis......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT