Craft v. US, Civ. No. 84-65-W.
| Decision Date | 09 July 1987 |
| Docket Number | Civ. No. 84-65-W. |
| Citation | 666 F. Supp. 1302 |
| Parties | Helen Margaret CRAFT, individually and as next friend of James Troy Craft, and United Fire and Casualty Company, Plaintiffs, v. UNITED STATES of America, Defendant. |
| Court | U.S. District Court — Southern District of Iowa |
Peter J. Peters, Council Bluffs, Iowa, for plaintiffs.
Robert C. Dopf, Asst. U.S. Atty., Des Moines, Iowa, for defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
This matter is before the Court following a bench trial on February 17, 1987. While the government elected to submit proposed Findings of Fact and Conclusions of Law, the plaintiffs declined to do so. After careful consideration of the testimony and evidence, the Court finds for the plaintiffs.
Courtlyn Oviatt is a rural mail carrier for the Postal Service in Logan, Iowa. On Wednesday, October 12, 1983 at approximately 9:50 a.m., Mr. Oviatt was acting in his capacity as a rural carrier and was driving his privately owned 1980 Dodge south on a gravel road four miles east of Logan, Iowa. The usable portion of this gravel road is approximately sixteen (16) feet wide. Two tire tracks exist in the center of the road, as vehicles commonly travel in the road's center until meeting an oncoming vehicle. On October 12, 1983, three-quarters of a mile southeast of the Ed Logan farm, a mudwash from the drive of an abandoned farm covered the west side of the gravel road. The mud was eight (8) to ten (10) inches deep on the road's west side, which was the side traveled by Mr. Oviatt.
Mr. Oviatt was concerned that his vehicle would become stuck in the mudwash if he did not pull over to the left of the road's center and drive in the existing vehicle tracks. Ten yards past the mudwash, a northbound 1981 Chevrolet Silverado four-wheel drive pickup truck owned by plaintiff, Helen Craft, and driven by her son, Troy Craft, age sixteen (16), rounded a curve and approached Mr. Oviatt's vehicle in the other direction. Upon seeing Craft, Oviatt steered his car to the right and ultimately brought it to a stop. Mr. Craft drove to his right and, after passing Oviatt's vehicle, lost control of his own vehicle, which left the roadway, striking a metal culvert pipe and a fence. There was no physical contact between the vehicles. When Craft's vehicle rounded the curve, it was traveling approximately fifty to fifty-five miles per hour, which was within the legal speed limit for the gravel road. Mr. Oviatt was traveling at approximately twenty to thirty miles per hour.
As a result of the accident, Mr. Craft received minor injuries, and the vehicle he drove sustained extensive property damage. Helen Craft then brought suit individually and on behalf of her son Troy against the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq.
Section 321.297(1) of the Iowa Code provides that the driver of a motor vehicle must operate the vehicle on the right half of all roadways of sufficient width. Failure to operate a vehicle on the right half of the road constitutes negligence per se. Kisling v. Thierman, 214 Iowa 911, 243 N.W. 552 (1932). However, there are four statutory exceptions which effectively waive the duty that one must operate his vehicle on the right half of the road:
Iowa Code § 321.297(1)(a)-(d). The Court finds that the mudwash constituted an obstruction within the meaning of § 321.297(1)(b). Kearney v. Ahmann, 264 N.W.2d 768 (Iowa 1978); Silvia v. Pennock, 253 Iowa 779, 113 N.W.2d 749, 754 (1962). The mudwash forced Mr. Oviatt to drive in the tire tracks to the left-hand side of the road. The Court further finds that due to the mudwash conditions, the roadway was restricted to one-way traffic within the meaning of § 321.297(1)(d). The Court's conclusion that the two aforementioned statutory exemptions existed renders the negligence per se rule inapplicable. Bannon v. Pfiffner, 333 N.W.2d 464 (Iowa 1983).
Having held that Mr. Oviatt cannot be held to a negligence per se standard, the Court now turns to the question of whether he was nevertheless negligent in his conduct. The Court finds that he was. While Mr. Oviatt was confronted by an obstruction in the road, the evidence demonstrates that he was still driving to the left-hand side of the road after he had already passed the mudwash by approximately ten yards. It was only then, after he saw Craft's vehicle approaching, that he ultimately pulled over to the righthand side. Mr. Oviatt was well aware that this road contained several blind curves with overhanging foliage and that the speed limit was fifty-five miles per hour. However, even with this knowledge, Mr. Oviatt still drove ten yards past the obstruction before returning to the right side of the road. Troy Craft testified that Oviatt did not stop and kept traveling toward him. Craft further stated that because of this, he could not stay on the road.
The defendant objected to Exhibit 1, which was the accident report prepared by the investigating officer. The defendant contends that the report is hearsay and the officer who prepared the report was unavailable for cross-examination. The Court reserved ruling on Exhibit 1 and now sustains the defendant's objection on hearsay grounds.
The Court also finds that Mr. Craft was negligent. He was operating his vehicle at a speed that would not permit him to stop within the assured clear distance ahead, as required by Iowa Code § 321.285. Also, while it was not uncommon for individuals to traverse curves on the inside on rural county roads, it can be a risky practice, as exhibited by this case. It is apparent that the combination of speed and muddy road conditions, along with Mr. Oviatt's negligence, combined to cause Mr. Craft to lose control of his vehicle.
The Court must now assess the percentage of fault attributable to Mr. Craft and Mr. Oviatt, as provided by Iowa Code Chapter 668. The...
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