Hatch v. State Dept. of Highways

• Decision Date: 23 December 1994
• Docket Number: No. 94-024,94-024
• Citation: 887 P.2d 729,269 Mont. 188
• Parties: Linda Joann HATCH, Individually and as Conservator of the Estates of Wade Russell Hatch, J. Adam Hatch, Carson Miles Hatch and Crystal Marie Hatch, Minors, and Carrie Hatch, Plaintiffs and Appellants, v. STATE of Montana DEPARTMENT OF HIGHWAYS, Defendant and Respondent. Linda Joann HATCH, Personal Representative of the Estate of J. Calvin Hatch, deceased, Plaintiff and Appellant, v. STATE of Montana DEPARTMENT OF HIGHWAYS, Defendant and Respondent. Brenda I. DEMERS, a single person and Sandra Marie Hollister, a single person, Plaintiffs and Appellants, v. STATE of Montana DEPARTMENT OF HIGHWAYS, Defendant and Respondent.
• Court: Montana Supreme Court

Page 729

887 P.2d 729

269 Mont. 188

Linda Joann HATCH, Individually and as Conservator of the

Estates of Wade Russell Hatch, J. Adam Hatch,

Carson Miles Hatch and Crystal Marie

Hatch, Minors, and Carrie

Hatch, Plaintiffs and Appellants, v. STATE of Montana DEPARTMENT OF HIGHWAYS, Defendant and Respondent.

Linda Joann HATCH, Personal Representative of the Estate of J. Calvin Hatch, deceased, Plaintiff and Appellant, v. STATE of Montana DEPARTMENT OF HIGHWAYS, Defendant and Respondent.

Brenda I. DEMERS, a single person and Sandra Marie

Hollister, a single person, Plaintiffs and Appellants, v. STATE of Montana DEPARTMENT OF HIGHWAYS, Defendant and Respondent.

No. 94-024.

Supreme Court of Montana.

Submitted on Briefs Sept. 15, 1994.

Decided Dec. 23, 1994.

Frank B. Morrison, Jr., Morrison Law Offices, Whitefish, Jay DeMers, Seattle, WA, Benjamin W. Hilley, Hilley & Loring, Bigfork, for appellants.

Sherman Lohn and Steve Carey, Garlington, Lohn & Robinson, Missoula, for respondent.

GRAY, Justice.

Linda Joann Hatch (Hatch) and Brenda DeMers (DeMers) appeal from an opinion and order of the Fourth Judicial District Court, Missoula County, granting partial summary judgment in favor of the State of Montana Department of Highways. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court err in granting summary judgment on the State's liability for Beatty's pulling the snowplow onto the highway in front of the Hatch vehicle?

2. Did the District Court err in granting summary judgment on the State's liability for using a snowplow to remove hardpack snow and ice from Highway 83?

This lawsuit arose out of an automobile accident occurring on December 20, 1990. On that date, the Hatch family was traveling north on Highway 83 in a station wagon driven by Calvin Hatch. The weather was overcast and cold, and the highway was covered with a hardpack of snow and ice.

While the Hatch family was traveling north on Highway 83, Lee Beatty (Beatty), an employee of the Montana Department of Highways (State), began plowing the highway southbound from the Rainy Lakes Shop. A piece of heavy equipment called a "motor patrol" usually is utilized to remove the hardpack snow and ice; motor patrols travel very slowly and literally cut the snow and ice off the road. Unlike plows, they discharge excess snow and ice slowly off to the side; thus, the snow plumes--clouds of snow and ice--created by snowplows do not occur.

On the date of the accident at issue here, however, the Rainy Lakes motor patrol was inoperable and, therefore, Beatty's supervisor directed him to remove the hardpack with a regular snowplow. After plowing south for a few miles, Beatty turned the plow around and began heading north, directly in front of the Hatch vehicle. Joann Hatch, who had been sleeping, remembers her husband Calvin commenting on the fact that a snowplow was pulling out in front of them. Calvin slowed the car from a speed of 45 to 50 miles per hour to 30 to 35 miles per hour to follow the plow. The accident occurred between 45 seconds and one minute after the plow pulled onto the highway. Wade Hatch, age fourteen at the time, recalls that once the plow pulled in front of them it was "icy" and hard to see.

The accident occurred on an "S" curve on Highway 83, approximately 170 feet north of mile marker 23. Beatty testified that when he entered the curve, he had to move the plow a couple of feet to the right in order to remain in his own lane and avoid a southbound pickup truck driven by DeMers. When Beatty took this corrective action, the plow bit into the snow berm on the right side of the road and created a larger snow plume. The Hatch and DeMers vehicles collided a few moments later. Calvin Hatch died as a result of the collision, and all other occupants of the Hatch and DeMers vehicles were injured.

Hatch and DeMers sued the State for negligence, asserting a number of negligent acts. They claimed that the snow plume blinded Calvin Hatch, resulting in the collision, and that the State's negligent acts caused the accident.

The State moved for, and was granted, summary judgment on its liability relating to: (1) Beatty's pulling the plow onto the highway in front of the Hatch vehicle; and (2) delayed maintenance of the motor patrol, and the resulting decision to use the snowplow to remove the hardpack of snow and ice. As to these issues, the District Court determined that no genuine issue of material fact existed regarding the requisite proximate cause element, and concluded that the State was entitled to summary judgment as a matter of law on these portions of the negligence claim against it. Beatty's alleged negligence in operating the snowplow after entering the highway, including speed and overall control of the plow, remained for trial.

The case was tried to a jury and resulted in a verdict for the State. Hatch and DeMers appeal from the District Court's grant of summary judgment to the State on those portions of their negligence claim related to Beatty's pulling the plow onto the highway in front of the Hatch vehicle and the decision to use the snowplow to remove the hardpack.

Regarding Beatty's entry onto the highway in front of the Hatch vehicle, appellants assert that the plow "trapped" the Hatch vehicle in the snow plume, and that the reduced visibility from the plume caused the collision. Regarding the use of the snowplow on the hardpack, appellants contend that the selection of a plow was negligent because a plow is difficult to control when used to remove hardpack snow and ice. They argue that Beatty's difficulty in controlling the plow while removing the hardpack caused him to have to change course to avoid DeMers, thereby hitting the snow berm on the right side of the highway and creating a larger plume of snow. In essence, appellants argue that these issues were so intertwined with the remainder of their negligence action that the District Court's grant of partial summary judgment effectively prejudiced their ability to try the case.

Summary judgment is proper when no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Rule 56(c), M.R.Civ.P. We review an order granting summary judgment by applying the same criteria as the district court. Minnie v. City of Roundup (1993), 257 Mont. 429, 431, 849 P.2d 212, 214.

In a negligence action, a plaintiff must prove four elements: (1) duty; (2) breach of duty; (3) causation; and (4) damages. U.S.F. & G. v. Camp (1992), 253 Mont. 64, 68, 831 P.2d 586, 589. Ordinarily, issues of negligence are questions of fact not susceptible to summary adjudication. Dillard v. Doe (1991), 251 Mont. 379, 382, 824 P.2d 1016, 1018 (citations omitted). However, if the defendant establishes the absence of a genuine issue of material fact as to any one of the elements constituting the cause of action, and the plaintiff fails to come forward with proof establishing the existence of a genuine issue as to that element, summary judgment in the defendant's favor is proper. See White v. Murdock (1994), 265 Mont. 386, 877 P.2d 474, 476. Any inferences to be drawn from the factual record must be resolved in favor of the party opposing summary judgment. Boylan v. Van Dyke (1991), 247 Mont. 259, 266, 806 P.2d 1024, 1028.

1. Did the District Court err in granting summary judgment on the State's liability for Beatty's pulling the plow onto the highway in front of the Hatch vehicle?

For the purpose of analyzing this issue, we need not address either the duty or breach of duty elements of appellants' claim that Beatty pulled onto Highway 83 in front of the Hatch vehicle in an unsafe manner which constituted a hazard. We focus directly on the causation element because, even if Beatty breached a duty--which we do not decide here--the appellants did not establish a genuine issue of material fact regarding whether such a breach was the proximate cause of the accident.

The causation element of a negligence claim includes two components: (1) that the defendant's act is the cause-in-fact of the injury; and (2) that the injury is the direct or indirect result, proximately caused by the negligent act. U.S.F. & G., 831 P.2d at 589; Kiger v. State of Montana (1990), 245 Mont. 457, 459, 802 P.2d 1248, 1250. Stated differently, proximate cause is an act or omission which, "in a natural and continuous sequence, unbroken by any new, independent cause, produces injury, and without which the injury would not have occurred." Bickler v. Racquet Club Heights Assoc. (1993), 258 Mont. 19, 23, 850 P.2d 967, 970; quoting Young v. Flathead County (1988), 232 Mont. 274, 282, 757 P.2d 772, 777. We review the record on summary judgment resolving any inferences in favor of appellants, as the parties opposing the State's motion. See Boylan, 806 P.2d at 1028.

The following facts relating to causation are not in dispute. Joanne Hatch admits that in response to the snowplow pulling out in front of their vehicle, Calvin Hatch was able to keep the car under control, had no trouble slowing down despite the icy conditions, and had no trouble keeping the vehicle in his own lane while following the plow. These facts are confirmed by Wade and Adam Hatch, ages fourteen and twelve at the time of the accident. Wade Hatch testified that, when the plow entered Highway 83, his father slowed down to match the speed of the plow by "applying the brakes a little bit." More importantly, each alert Hatch passenger admitted that 45 seconds to one minute elapsed between the plow pulling out in front of the car and the accident.

Appellants argue that, despite the deposition testimony establishing that no hazard was created by the manner in which Beatty entered the highway, they raised a genuine issue of material fact regarding causation in that "the snowplow was pulled abruptly in front of the Hatch vehicle and [Calvin Hatch] had to brake in order to keep from hitting the snowplow" and, as a...