Chapman v. Associated Transport

• Decision Date: 16 February 1951
• Docket Number: No. 16468,16468
• Citation: 63 S.E.2d 465,218 S.C. 554
• Parties: CHAPMAN v. ASSOCIATED TRANSPORT, Inc.
• Court: South Carolina Supreme Court

Page 465

63 S.E.2d 465

218 S.C. 554

CHAPMAN v. ASSOCIATED TRANSPORT, Inc.

No. 16468.

Supreme Court of South Carolina.

Feb. 16, 1951.

Hingson & Todd, Greenville, for appellant.

Mann, Arnold & Mann, Greenville, for respondent.

FISHBURNE, Justice.

Ada Jane Chapman instituted this action by her guardian ad litem, James H. Chapman, against the defendant, Associated Transport, Inc., to recover damages for personal injuries, actual and punitive, sustained in a collision between a 1936 Ford Coach owned and driven by her father, James H. Chapman, and a truck-trailer owned and operated by the Transport Company. The accident occurred Sunday afternoon, August 28, 1949, about six o'clock, within the city limits of Greenville, on Camp Road, a paved highway fifteen feet in width. At the time of the accident, the Ford Coach was occupied by plaintiff, who was three years of age, and two younger children; their father, James H. Chapman, and his aunt. They were returning to their home in Greenville from a visit to Mr. Chapman, the grandfather of the children, traveling West. The weather was clear, the road was dry, and the usual Sunday afternoon traffic was on the highway.

When the Ford Coach was within about 250 yards of an intersection made by Druid Street and Camp Road, a Chevrolet car driven by Colonel Avent, entered Camp Road from a side street, ahead of the Chapman car, and likewise proceeded Westward, toward Druid Street. Behind the Chapman car a large fourteen-wheel transport van of the defendant followed at a distance of about thirty five feet. It was loaded to capacity, and the weight of the load and the truck and trailer amounted to about 45,000 pounds. The driver of this truck testified that he maintained a distance of about sixty feet behind the Chapman car, and that they both were moving at a speed of thirty to thirty five miles per hour.

As Colonel Avent in the leading car approached Druid Street, he held out his hand to signal his intention of stopping and making a left-hand turn. At this time, another car, driven from the opposite direction by Mr. M. J. Blackwell, was approaching and was within 100 yards of Druid Street. Mr. Chapman, behind the Avent car, observed his signal, applied his brakes several times, which turned on the red stop signal lights at the back of his car, and slowly rolled up behind the Avent car. Guyton, the driver of the truck to the rear of the Chapman car, although sitting high in his seat in the cab, stated that he did not observe either the signal given by Colonel Avent or the red stop lights glowing from the rear of Chapman car. He did see both cars slowing up for Druid Street, and about to stop.

Being unable to stop his truck within the distance from the Chapman car, Guyton swerved his truck to the left, and got out in the left traffic lane, where he saw the Blackwell car approaching, some 50 or 75 yards on the other side of Druid Street. In order to avoid a head-on collision with the Blackwell car, Guyton turned his truck sharply to the right. Colonel Avent, looking back and observing the fast speed of the oncoming truck, and realizing that a collision was imminent, put his car in gear and started forward. The Chapman car had not quite come to a stop at this time. The truck crashed into the left rear of the Chapman car, its right front wheel mounting almost to the rear view window of the car, pushed it about 100 feet, and finally off the right side of the road into a ditch where the truck came to rest practically on top of the Champman car. The front fender of the truck crushed in the entire left side of the Chapman car, and in its forward motion caused the Chapman car to bump into the rear of the Avent car before all motion ceased.

The three Chapman children, occupying the back seat of the Chapman car, suffered personal injuries, but fortunately none of them serious. All brought suit. The cases of James H. Chapman, Jr. and Linda Gayle Chapman, by their guardian ad litem, against the defendant, together with this case by Ada Jane Chapman, were tried together in the lower court. In each case the jury returned a verdict for $100.00, actual damages, and $500.00, punitive damages. By stipulation of counsel, only the case of Ada Jane Chapman has been appealed, but the decision of the court in this case will be binding in each of the other cases. The same questions arise.

Plaintiff alleges that the collision and the resulting injuries were caused by the negligent, reckless and unlawful operation of the defendant's truck. Defendant by answer set up a general denial and unavoidable accident. At the close of plaintiff's testimony, the defendant moved for a directed verdict on the issue of punitive damages, and after the rendition of the verdict, moved on the same ground for a judgment non obstante veredicto.

Error is assigned because of the refusal of the trial court to grant these motions; and there are other issues presented by the appeal.

We first discuss whether there is any evidence in the case warranting a verdict for punitive damages.

Guyton, the driver of the truck, testified by deposition that he did not see any signal by Colonel Avent indicating his intention to stop; neither did he see the red signal lights on the rear of the Chapman car, which was immediately in front of him, indicating a similar purpose. It is evident that this testimony is wholly negative. The uncontradicted evidence of the plaintiff is that Colonel Avent did signal approximately fifty yards before reaching Druid Street, the intersection where he intended to turn left. There is ample, positive evidence that Chapman's brakes were in good condition; that his rear stop lights were properly connected with the brakes, and were displayed automatically upon application of the brakes. It may reasonably be inferred that the truck driver, when he failed to see these signals, was not keeping a proper look-out.

Camp Road, on which the Avent car, the Ford car driven by Chapman, and the truck, were traveling, in the sequence stated, was straight at the point where the accident occurred, for a distance of about 250 yards. There was a slight incline, a five per cent. grade, as Druid Street was approached, but this grade leveled off about 50 yards before Druid Street was reached.

Mr. Blackwell, who testified for the plaintiff, stated that at the time of the accident he was approaching Druid Street from the opposite direction, proceeding East, and that he saw Colonel Avert slow down and signal his intention to turn to his left. Blackwell was traveling about 35 miles an hour, and when about 75 yards from Druid Street, he saw the defendant truck swerve to its left from behind the Chapman car, and completely occupy the left traffic lane, which was the side of the road which Blackwell was traveling on, and where he had a right to be. In order to avoid a head-on collision with the truck, he made a sudden violent turn to his right, at the Druid Street intersection, and it was at that moment that the truck driver, in order to avoid colliding with the approaching Blackwell car, swerved the truck to the right of the road, applied his brakes, striking the Chapman car in the rear, pushing it 100 feet, and crushing it into the ditch on the right of the road. According to Blackwell, the truck was traveling at a speed of about 45 miles per hour. And the testimony shows, according to the skid marks made by the truck tires on the road, that the driver Guyton, applied his brakes when he swerved to his right, crashing into the Chapman car on his right. These skid marks extended for a distance of 100 feet,--that is, from the point of impact until the Chapman car was pushed into the ditch.

Guyton had been employed by the defendant for eighteen months as a truck driver. He was thoroughly familiar with this stretch of road and the crossing at Druid Street; he had driven trucks thereover...