Cameron v. Mercer

• Citation: 960 P.2d 302,1998 MT 619
• Decision Date: 29 May 1998
• Docket Number: No. 97-619,97-619
• Parties: Steven M. CAMERON, Plaintiff and Appellant, v. Tex L. MERCER, Defendant and Respondent.
• Court: United States State Supreme Court of Montana

Page 302

960 P.2d 302

1998 MT 619

Steven M. CAMERON, Plaintiff and Appellant, v. Tex L. MERCER, Defendant and Respondent.

No. 97-619.

Supreme Court of Montana.

Submitted on Briefs March 26, 1998.

Decided May 29, 1998.

James T. Harrison, Jr.; Harrison, Loendorf, Poston & Duncan, Helena, for Appellant.

Mark S. Williams; Williams & Ranney, Missoula, for Respondent.

LEAPHART, Justice.

¶1 Appellant Steven M. Cameron (Cameron) appeals from the decision of the Fourth Judicial District Court, Missoula County, denying his motion for a directed verdict on the issue of liability. We affirm.

¶2 We address whether the District Court erred in refusing to grant a directed verdict on liability where the facts showed that Respondent Tex Mercer (Mercer) skidded across the center line and collided with Cameron's oncoming vehicle.

Factual and Procedural Background

¶3 In the early morning of May 10, 1995, Cameron was traveling westbound on Highway 10, a two-lane road, a few miles west of Missoula, Montana. Cameron was driving a Chevy sedan on his way to his job at a construction site. Mercer was traveling eastbound on Highway 10 in a Ford Bronco. He was on his way to work as a bus driver for Mountain Line bus service in Missoula. It was still dark, and both drivers were using their headlights. Neither driver was speeding.

¶4 Just after Mercer rounded a curve in the road, he drove over the fog line, out of his lane, and off the road onto the gravel shoulder. The parties dispute whether Mercer's departure from the road was at a gradual angle or caused by an abrupt swerve. As he attempted to drive back onto the road, Mercer's vehicle skidded in a sideways "yaw." Cameron, attempting to avoid a collision, moved to the far outside of his lane. However, Mercer's vehicle skidded across both lanes of travel and collided with Cameron's vehicle. The collision occurred between the fog line and shoulder on Cameron's side of the roadway. Cameron's vehicle rolled, and both vehicles sustained damage.

¶5 Cameron filed suit in the District Court, alleging that Mercer was negligent in the operation of his vehicle. At trial, Cameron testified that Mercer had told him at the scene that he had swerved to miss an animal on the roadway. Montana Highway Patrol Officer Christopher Schultz (Officer Schultz) testified that he interviewed Mercer at the emergency room at St. Patrick's Hospital following the accident and that Mercer never mentioned any oncoming cars. Officer Schultz testified that Mercer's only explanation for the accident was that a small, furry animal had caused him to swerve off the roadway. Officer Schultz investigated the scene and concluded that Mercer's vehicle had traveled off the paved surface of the roadway for about 81 feet and that when Mercer attempted to return to the roadway, his vehicle skidded across the road in a sideways "yaw."

¶6 Mercer's sister, Sandra Lee (Lee) was present during Mercer's interview with Officer Schultz and testified that Mercer told the officer that he swerved to avoid some headlights in his lane. Lee testified that Mercer told Officer Schultz that after he swerved to avoid the oncoming car, he saw a small animal running across the roadway.

¶7 At the close of his case-in-chief, Cameron moved for a directed verdict on liability. The District Court reserved ruling on the motion. After all of the evidence had been presented and the jury instructions had been settled, the court denied Cameron's motion for a directed verdict. The jury returned a verdict for Mercer. Subsequently, Cameron moved for a new trial, and the District Court denied the motion.

Standard of Review

¶8 We review a motion for a directed verdict to determine, as a matter of law, whether the non-moving party could prevail upon any view of the evidence including the legitimate inferences to be drawn therefrom. Ryan v. City of Bozeman (1996), 279 Mont. 507, 928 P.2d 228. Courts will exercise the greatest self-restraint in interfering with the constitutionally-mandated process of jury decision. Ryan, 928 P.2d at 229. Thus, unless there is a complete absence of any credible evidence in support of the verdict, a motion for a directed verdict is not properly granted. Ryan, 928 P.2d at 230 (citing Barmeyer v. Montana Power Company (1983), 202 Mont. 185, 191, 657 P.2d 594, 597 (overruled on other grounds)).

Discussion

¶9 Cameron argues that the District Court erred in refusing to grant a directed verdict on the issue of liability. Cameron contends that because Mercer violated several traffic statutes--s 61-8-322, MCA (passing on the right); § 61-8-328, MCA (driving within a single lane); § 61-8-321, MCA (driving on the right side of the roadway)--the court should have found that he was negligent as a matter of law. However, as the district court noted, we have held that the fact that a vehicle is being driven outside of its lane on the wrong side of the highway at the time of a collision does not itself make the driver guilty of negligence as a matter of law. Lyndes v. Scofield (1979), 180 Mont. 177, 589 P.2d 1000.

¶10 In Lyndes, 589 P.2d at 1001, the parties were traveling in opposite directions on 39th Street in Missoula, Montana. Because the roadway was covered with ice, both parties were driving about 25 m.p.h., well below the posted 35 m.p.h. limit. Lyndes, 589 P.2d at 1001. Defendant Scofield struck a pothole in the roadway with her right front tire, causing the rear of her vehicle to swing out and be struck by an oncoming vehicle. Lyndes, 589 P.2d at 1001. The impact caused her vehicle to swing violently to the right and then back across the center lane into the path of the vehicle driven by plaintiff Lyndes. Lyndes, 589 P.2d at 1001.

¶11 Lyndes filed suit, alleging that Scofield had negligently operated her vehicle. Lyndes, 589 P.2d at 1001. The jury returned a verdict in Scofield's favor, and Lyndes moved for a new trial. Lyndes, 589 P.2d at 1001. The district court granted his motion, holding that the evidence was not sufficient to uphold the jury's verdict and that Scofield was negligent as a matter of law for violating the basic rule statute (current version at § 61-8-303, MCA) and the statute requiring drivers to keep to the right side of the roadway (current version at § 61-8-321, MCA). Lyndes, 589 P.2d at 1001-02.

¶12 On appeal, this Court reversed the district court. Lyndes, 589 P.2d at 1004. We held:

It is undisputed that at the time of the accident, Scofield's vehicle was skidding down the road in the left-hand lane and that at the point of collision, the Lyndes' vehicle was well within its proper lane of traffic. The question simply is, does this mean Scofield was negligent as a matter of law? We conclude it does not....

The District Court erred in concluding that violation of the statute constituted negligence as a matter of law. It is well established that involuntary violation of a statute in an emergency due to circumstances beyond the actor's control does not constitute negligence per se. Rather, Scofield's presence in the incorrect lane is only prima facie evidence of negligence which may be rebutted. This raises a factual issue which must be left to the jury to decide.

Lyndes, 589 P.2d at 1004 (citations omitted).

¶13 In this case, the fact that Cameron was in Mercer's lane of travel at the time of the collision does not warrant a finding that he was negligent as a matter of law. As discussed below, Mercer presented the jury with evidence that he had swerved to avoid hitting an oncoming vehicle and then lost control trying to regain the roadway. Under Lyndes, the District Court correctly allowed the jury to weigh the evidence and decide whether Mercer acted with reasonable care under the circumstances.

¶14 In Lyndes, this Court also held that the jury had sufficient evidence before it to resolve the factual issues in favor of Scofield. Lyndes, 589 P.2d at 1002-03. In that case, the jury heard testimony on the condition of the roadway, the weather, and the size and location of the pothole. Lyndes, 589 P.2d at 1001. Scofield testified that she was driving carefully at a safe speed and that her car was in good condition. Scofield also testified that she had driven on 39th Street about two weeks prior to the day of the accident and had not noticed the pothole. Lyndes, 589 P.2d at 1001. We held that the jury was entitled to believe Scofield's testimony and find that she had not driven negligently. Lyndes, 589 P.2d at 1003.

¶15 In this case, the parties presented conflicting theories as to the cause of the accident. Cameron's theory was that Mercer, after falling asleep or because he was not paying attention, allowed his vehicle to drift off of the roadway and then over-corrected and skidded out of control. Mercer's theory was that any statutory violations were involuntary; that is, that he was forced to swerve off of the roadway by an oncoming car and that he did everything he could to keep control of his vehicle and avoid an accident. The jury chose to accept Mercer's version of events, and we hold that the record contains sufficient evidence to support the verdict.

¶16 Mercer had been a bus driver for 13 years prior to the accident. At the time of the accident, he was not speeding, and his vehicle was in good condition. Mercer testified that when he saw headlights in his lane, he "reacted reflex and swerved to the right." He stated that his vehicle was only off of the roadway for a few seconds and that he did all he could to regain control. Officer Schultz testified that the appropriate driver response in this situation is to avoid braking and steer back onto the roadway. Officer Schultz found no skid marks to indicate that Mercer had applied his brakes.

¶17 Cameron argued that Mercer had drifted off of the roadway because he was tired or inattentive and suggested that Mercer fabricated the story about swerving to avoid an oncoming car. However, Mercer presented ample evidence to rebut Cameron's...