City of Ardmore v. Hendrix
| Decision Date | 12 January 1960 |
| Docket Number | No. 38468,38468 |
| Citation | 348 P.2d 497 |
| Parties | CITY OF ARDMORE, Oklahoma, and Don Franklin Wallace, Plaintiffs in Error, v. Sylvia HENDRIX, Defendant in Error. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court
1. The regulation of traffic is a governmental function, and a municipality is not liable for negligence or failure in the exercise of said function.
2. A municipality, in regulating and maintaining traffic control signals, is performing a governmental function, not a proprietary or administrative function, and, therefore is immune from liability for failing to arrange for traffic signals at intersections to turn red toward all traffic, when a police car is approaching in the performance of a governmental function.
3. A person regularly employed by a municipality to perform the duties of a policeman must operate an authorized emergency vehicle with due regard for the safety of all persons using the highway and is not relieved from civil liability if he fails to do so.
Appeal from the District Court of Carter County; John C. Caldwell, Judge.
Action for damages for personal injuries. From a judgment in favor of plaintiff, the defendants appeal. Reversed and remanded with directions.
Andrew Riddle, Jr., City Atty., Ardmore, for plaintiffs in error.
Wilson Wallace, Ardmore, for defendant in error.
Plaintiff commenced this action against the City of Ardmore, Oklahoma, and Don Franklin Wallace, for damages sustained in an automobile accident as the result of the collision of the car in which she was riding with a car owned by the City of Ardmore and driven by Don Franklin Wallace, a city policeman. Trial was had to a jury resulting in a verdict in favor of the plaintiff, upon which judgment was entered. After motion for new trial was overruled, the defendants perfected this appeal. The parties will be referred to as they appeared in the trial court.
In her amended petition plaintiff alleges that on January 24, 1957, she was passenger in a car owned and driven by her husband; that they were proceeding west on Main Street in the City of Ardmore about 7:55 A.M.; that the flow of traffic at the intersection of Main and Washington Streets is controlled by traffic lights. At the time the car in which plaintiff was riding entered the intersection of Main and Washington Streets, the signal light was green for traffic moving east and west on Main Street and red to halt traffic flowing north and south on Washington Street. That after entering the intersection a police car owned by the City of Ardmore and driven by the defendant, Don Franklin Wallace, traveling north on Washington Street at a speed of 35 miles per hour in excess of the speed limit of 25 miles per hour, proceeded into the intersection against a red light and without yielding the right of way, struck the car in which she was riding, knocking it across the intersection and over the curb on the northwest corner, throwing her out of the car and onto the pavement, resulting in multiple injuries to her. That the injuries and damage sustained by her were the result of the negligence and carelessness of the defendants and each of them, jointly and severally.
As a special act of negligence, the plaintiff alleges the City of Ardmore installed and had complete control of the operation of the traffic signals and carelessly and negligently failed to turn the signal red to stop east and west traffic on Main Street and allow the passage of defendant's car through the intersection of Main and Washington Streets.
The City of Ardmore filed its answer which, in addition to a general denial, admitted it is the owner of the automobile driven by the police officer, Don Franklin Wallace; that it did erect, install, operate and maintain the traffic signals and the same was in accordance with the city ordinances and the Statutes of Oklahoma; that it was under no duty or obligation to erect, install, maintain and operate any other type of traffic control at said intersection; that Don Franklin Wallace was answering an emergency call at the time of the accident and at all times was acting within the scope of his employment; that he was engaged in a governmental function and the City of Ardmore is therefore immune from liability and responsibility.
The defendant, Wallace, filed his answer which in addition to a general denial, admitted he was driving the city owned police car; that the car was marked with large signs and decals showing the car to be a police car; that he was on an emergency call and was operating the car in a prudent manner and in accordance with the law of Oklahoma, and the ordinances of the City of Ardmore; that prior to the collision he caused the headlamps to light up, a red spotlight to light and the siren to clearly and audibly sound; that the rights were clear and visible for 500 feet and the lights and sirens were operating at all times.
That the collision was directly and proximately caused by the negligence and want of care of the driver of the car in which plaintiff was riding, which negligence and want of care is imputed to the plaintiff as she and the driver were on a joint mission; that the driver was exceeding the speed limit and did not have control of the car so he could stop within the assured clear distance ahead; that the driver drove into the intersection without yielding the right of way contrary to the city ordinance and that he, the defendant, was acting as a reasonably prudent policeman would act under the same or similar circumstances.
The plaintiff filed replies to the amended answers of the defendants in which she alleges that the operation, maintenance and installation of the traffic signals was done by the City of Ardmore in its proprietary capacity. That Don Franklin Wallace did not have the right of way at the time of the accident; that he was not on an emergency call and that he did not have the siren going or the headlamps or spotlight lighted.
The plaintiff offered the testimony of three witnesses in addition to her own that she was riding in the car with her husband as the driver at the time of the collision; that the traffic signal for traffic on Main Street was green when their car entered the intersection; when their car reached the center of the intersection, it was struck by a policy car driven by the defendant Wallace, and owned by the City of Ardmore; the policy car was making about 60 miles per hour and witnesses heard no siren and saw no lights on the city car; that their car was knocked over the curb on the northwest corner of the intersection and plaintiff was knocked to the pavement and sustained multiple injuries.
Ernest V. Cox, head of the electrical department of the city testified that he had charge of the maintenance and operation of the traffic signals and there is no way to change the lights from red to green to permit a fire truck or police car to go through the intersection at Main and Washington, and at the same time stop the traffic on Main Street. That there is a master switch at the City Hall in the fire department, if working, the could change the lights to green for emergency runs but it had not been in commission for the three years he had worked for the City; that it could be put in working order by spending about $50 at each intersection.
The defendants offered testimony that an emergency call concerning an accident at 923 A Street, Northeast, was taken by the desk sergeant at the police station and given to the defendant Wallace, to answer; that Wallace took officers Smithers and Blanton with him. That Wallace turned on the red spotlight, the headlights and started the siren and the siren was sounding until the collision occurred. That as the police car neared the intersection of Main and Washington Streets, Wallace reduced the speed and entered the intersection against a red traffic light. That a building blocked his view to the east on Main Street and he didn't see the car in which plaintiff was riding until it was too late for him to avoid a collision. That the driver had no way of changing the lights at the intersection so he could proceed through on a green light.
Motion for an instructed verdict was made by both plaintiff and defendants.
The defendants make four contentions. 1. The City of Ardmore cannot be liable for the acts of negligence of its police officers while engaged in an emergency run for the enforcement of its laws and ordinances. 2. In the installation, maintenance and control of traffic signal lights the city is exercising governmental function and not an administrative or proprietary function for which it may be held liable for negligent acts. 3. The city has authority to regulate the use of its streets under its police powers. 4. Instructions No. 6 and No. 8 were conflicting and confusing to the jury.
The plaintiff contends...
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