Ferrin v. Donnellefeld, 39439

Decision Date15 August 1968
Docket NumberNo. 39439,39439
Citation74 Wn.2d 283,444 P.2d 701
CourtWashington Supreme Court
PartiesGary D. FERRIN, Appellant, v. Ralph C. DONNELLEFELD, Gehard E. Donnellefeld, Orville H. Aust, and Deryl L. Woody, Respondents.

Griffin, Boyle & Enslow, Robert G. Griffin, Tacoma, for appellant.

Skeel, McKelvy, Henke, Evenson & Uhlmann, R. L. Gemson, Horswill, Keller, Rohrback, Waldo & Moren, Pinckney M. Rohrback, Seattle, for respondents.

McGOVERN, Judge.

Plaintiff Gary D. Ferrin appeals from an order granting the motion of defendant Orville H. Aust for summary judgment.

The record reveals certain undisputed facts. Defendant Ralph C. Donnellefeld was proceeding south on a wet four-lane freeway near Renton. His automobile spun out of control. When it stopped spinning, the vehicle was resting on the inside southbound lane facing north.

Defendant Aust, in the following car, came to a stop immediately north of and facing the Donnellefeld vehicle.

Defendant Woody was next. He also came to a stop, parking his automobile north of the Aust vehicle but on the asphalt strip between the inside southbound lane and the center guardrail. His vehicle was almost entirely out of the lanes of traffic.

Then came the plaintiff. While driving south on the inside lane he came upon the three automobiles mentioned. The presence of a moving truck in the adjoining lane to his right prevented him from driving into that lane. His vehicle sideswiped the parked Woody automobile and then struck the rear of the Aust vehicle, which in turn hit the Donnellefeld car.

Plaintiff brought this action against the named defendants alleging personal injury and property damage due to their claimed negligence. Defendants denied most of plaintiff's allegations, entered counterclaims, 1 and on the basis of supporting affidavits and depositions each moved for a summary judgment under CR 56. The motions for summary judgment by defendants Woody and Aust were granted. The Donnellefeld motion was denied. Plaintiff appeals as to Aust.

The question presented is whether the pleadings, depositions, admissions and affidavits considered by the trial court created a genuine issue of material fact as between plaintiff and defendant Aust. If they did not, the latter was entitled to a judgment as a matter of law. Brannon v. Harmon, 56 Wash.2d 826, 355 P.2d 792 (1960).

The liability of Aust, if any, would rest on his negligence being a proximate cause of the accident. And from the record we are unable to say that his negligence, if there was any, constituted such a cause.

The posted speed limit at the place of occurrence was 60 miles per hour. Plaintiff did not remember his rate of speed but others described it variously as being 70, 75 and maybe 80 miles per hour. His rate and course of travel was such that he struck the parked Woody vehicle on its side and then crashed into the rear of the Aust automobile, pushing it into the Donnellefeld car. Plaintiff does not deny those facts nor does he contradict the statement that his vehicle was then out of control.

It is thus apparent that plaintiff's automobile would have struck the Donnellefeld car even if the Aust vehicle had...

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27 cases
  • Green v. Normandy Park
    • United States
    • Washington Court of Appeals
    • February 5, 2007
    ...the trial court when ruling on a motion for summary judgment may not be considered for the first time on appeal. Ferrin v. Donnellefeld, 74 Wash.2d 283, 285, 444 P.2d 701 (1968); Concerned Coupeville Citizens v. Town of Coupeville, 62 Wash.App. 408, 413, 814 P.2d 243 (1991); Ashcraft v. Wal......
  • Ruff v. County of King
    • United States
    • Washington Supreme Court
    • January 19, 1995
    ...not susceptible to summary judgment. LaPlante v. State, 85 Wash.2d 154, 159, 531 P.2d 299 (1975); see also Ferrin v. Donnellefeld, 74 Wash.2d 283, 444 P.2d 701 (1968); Wojcik v. Chrysler Corp., 50 Wash.App. 849, 751 P.2d 854 (1988). However, "when reasonable minds could reach but one conclu......
  • Pamplin v. Safway Services, LLC, 75634-6-I
    • United States
    • Washington Court of Appeals
    • April 17, 2017
    ...of the resulting injury for legal liability to attach. Pratt v. Thomas. 80 Wn.2d 117, 119, 491 P.2d 1285 (1971); Ferrin v. Donnellefeld, 74 Wn.2d 283, 285, 444 P.2d 701 (1968). Proximate causation requires a reasonable connection between the act or omission of the defendant and the injury s......
  • Pamplin v. Safway Servs., LLC
    • United States
    • Washington Court of Appeals
    • April 17, 2017
    ...of the resulting injury for legal liability to attach. Pratt v. Thomas, 80 Wn.2d 117, 119, 491 P.2d 1285 (1971); Ferrin v. Donnellefeld, 74 Wn.2d 283, 285, 444 P.2d 701 (1968). Proximate causation requires a reasonable connection between the act or omission of the defendant and the injury s......
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