Koehler v. State

Decision Date22 March 1978
Docket NumberNo. 59368,59368
Citation263 N.W.2d 760
PartiesThelma W. KOEHLER et al., Appellants, v. STATE of Iowa, Appellee.
CourtIowa Supreme Court

E. W. Henke of Henke & Eggert, Charles City, for appellants.

Richard C. Turner, Atty. Gen., John E. Beamer, Sp. Asst. Atty. Gen., and Ralph F. McCartney of McCartney & Erb, Charles City, for appellee.

Considered by MOORE, C. J., and LeGRAND, REYNOLDSON, HARRIS, and McCORMICK, JJ.

REYNOLDSON, Justice.

These four consolidated cases brought under the Iowa Tort Claims Act, Chapter 25A, The Code, arose when an auto collided with a snowbank following the historic blizzard of April, 1973. Trial to the district court sitting without a jury (§ 25A.4) resulted in judgment for defendant State of Iowa. Upon plaintiffs' appeals, we affirm.

I. Factual findings.

The issue of negligence is ordinarily for the trier of fact. Only in exceptional cases may it be decided as a matter of law. Trial court's fact-findings in a case tried to the court at law have the force of a jury verdict. Upon appeal we view the evidence in its light most favorable to the judgment and construe the court's findings liberally to support the result. We need only consider evidence favorable to the successful party, even if it is contradicted by other evidence. Hunt v. State, 252 N.W.2d 715, 717 (Iowa 1977); Ehlinger v. State, 237 N.W.2d 784, 787 (Iowa 1976); rule 14(f)(1), Rules of Appellate Procedure.

From a study of the appendix and transcript we find there was substantial evidence to support the following findings of the trial court:

"On April 10, 1973, Harvey Koehler, age 60, at approximately 8:20 p. m., was driving his 1969 Chevrolet Impala at a speed of approximately 50 to 60 miles per hour in an easterly direction on Highway 14, in Floyd County, approaching Charles City, Iowa. His wife, Thelma, was a front seat passenger. His daughter, Elaine Wilson, a passenger in the left rear seat, and his son-in-law, Jerry Wilson, a passenger in the right rear seat. At approximately two and one-half miles west of Charles City, apparently without application of the brakes, Koehler's auto struck a snowdrift and then bounced into the path of a westbound auto driven by Eric J. Lien. The Koehler auto was struck broadside, resulting in the instantaneous death of Harvey Koehler, relatively minor injuries to Thelma Koehler, serious injuries to Elaine Wilson and near fatal injuries to Jerry Wilson, which required an extended and expensive period of medical treatment and hospitalization.

"This snowdrift was located near the farm residence of Bill Fluhrer, with a depth of four to five feet in places and was variously estimated to be from 130 feet to 500 feet in length. It covered the south half of the traveled portion of the highway and extended approximately one foot beyond the center line into the north half of the traveled portion of the highway. At this point, the highway was open to one-way traffic only. The traveled portion of Highway 14 was free of ice and snow at all places, except at the point of this drift.

"The snowdrift involved was the aftermath of an unprecedented April storm in Floyd County, Iowa. It began on April 8, 1973 in the form of rain, changing to freezing rain, sleet, and ultimately to snow.

"Kenneth Horn, a thirty-year employee of the Department of Transportation, formerly the Iowa State Highway Commission, was on April 8, 1973 the supervisor of maintenance for the Iowa State Highway Commission. He was charged with snow removal from the primary highways situated in Floyd County, including Highway 218 from Nashua to Floyd, Highway 14 from Charles City to Greene, Highway 18 from Bassett to Nora Springs, Highway 54 situated between Highway 14 and Marble Rock, and Highway 147, situated between Highway 14 and Rockford. He was charged with removal of snow from approximately seventy miles of primary highway. He had equipment consisting of two heavy-duty, ten-ton, four-wheel-drive trucks; five two-ton trucks, and one road maintainer or grader. On April 8th, various of these units were sent out to sand and salt the primary highways.

"During the night of April 8th and the early morning of April 9th, the wind increased in velocity and a blizzard was in progress. Horn called in his crews at approximately 5:00 a. m. on April 9th, and sent the units out at approximately 6:00 a. m. to plow the highways. The wind increased in velocity and in late morning on April 9th, the trucks were called back for the reason they were making no progress in keeping the highways clear and that there was practically no visibility. In the meantime the road maintainer had been involved in an accident with a pickup truck and was disabled. It was towed to the park on Highway 14, approximately seven miles west of Charles City, and was abandoned during the period of the storm. All trucks arrived back at the Highway Commission shed in Charles City and V-plows were mounted on the two four-wheel-drive units and a small V-plow upon a two-ton truck. Chains were put on the trucks, except one four-wheel-drive unit equipped with snow tires which would not accommodate chains. This work was completed in the late evening of April 9, and the crew then attempted to get some rest, sleeping in the cabs of their trucks or upon benches or tables in the shed.

"By 1:30 a. m. on April 10th snow had stopped and the wind had subsided. Twelve inches of wet, heavy snow had fallen. The men were aroused and preparations made to begin clearing the highways.

"At approximately 3:00 o'clock a. m. all units proceeded south on Highway 218 toward Nashua, with the exception of one two-ton truck which remained in Charles City to plow the primary highways in Charles City. The road maintainer was still disabled. After clearing Highway 218, the units returned to Charles City at approximately 6:00 a. m. After breakfast, Burney, operating a two-ton truck with a small V-plow, and Wiltse, operating a two-ton truck with a straight blade, were dispatched to open Highway 14 from Charles City to Greene, with instructions to open it to one-way traffic. At the same time five units, including the two big four-wheel-drive units, were dispatched to open Highway 18 to Bassett, Iowa. These five units encountered considerable difficulty, for the reason that the east-west roads were drifted more severely than the north-south roads, and for the further reason that the snow was wet and heavy and difficult to move. They were delayed when Martin, driving one of the four-wheel-drive units, tore up his chains and they had to be replaced. Highway 18 to Bassett was finally opened to two-way traffic and the units returned to Charles City at approximately noon. These units were gassed up, and, with the exception of Dean's unit, were sent north and west on Highways 18 and 218. Dean driving one of the four-wheel units, was delayed while repairs were made to correct a gas leak. These units encountered no difficulty until they passed Floyd, and then there was heavy drifting west on Highway 18.

"In the meantime, Burney and Wiltse had opened Highway 14 from Charles City to Greene to one-way traffic. Burney and Wiltse then proceeded to Highway 54 to attempt to open it to Marble Rock. They encountered high drifts which Burney's small V-plow unit could not handle. They then proceeded to Highway 147 and began opening the road to Rockford.

"Between 2:00 and 2:30 p. m. Horn was advised that Burney was stuck in a snowdrift approximately three-quarters of a mile east of Rockford and that he had a broken axle. Wiltse was unable to pull him out of the drift. Dean had caught up with the rest of the units plowing out 18. They encountered severe drifts west of Rudd, Iowa, and received assistance from a Mason City plow. They succeeded in opening the road to Nora Springs at about 5:00 p. m. Thoman, with a two-ton truck with a straight blade, was told to go to 147 and pull out Burney's truck. In the meantime, Burney had been told to go into Charles City with Wiltse in Wiltse's truck and take a mechanic back to his truck. Wiltse took Burney into Charles City, plowing snow as he did so, and he made an attempt to plow the drift situated at Bill Fluhrer's farm. He had a two-ton truck with a straight blade which was ineffective against the drift. Wiltse and Burney returned to Burney's truck near Rockford with the mechanic. Thoman arrived with his truck and was unable to pull Burney's truck from the drift.

"After opening the road to Nora Springs, Horn sent Pettit with a two-ton truck and straight blade, to clean up Highways 18 and 218. He sent the two four-wheel-drive units and a two-ton unit to Highway 147 to complete the opening of the road to Rockford. These units went down T-38, which connects Highways 14 and 18. Horn had had no sleep since Sunday and returned home to rest, leaving Franke in charge of the snow removal.

"Martin and Dean and the other small unit proceeded to Highway 147. They pulled Burney's truck from the snowdrift and Thoman towed Burney's truck into Charles City. Martin and Dean then proceeded to open the road to Rockford, and then proceeded to Highway 54 to attempt to open the road to Marble Rock.

"Martin, driving a four-wheel-drive unit, again tore up his chains and his unit was ineffective against the high drifts on 54. At approximately 7:30 Franke and Thoman took gas out to Martin and Dean. These two units of Martin and Dean were making little progress against the drifts. The men were exhausted, and at approximately 8:00 p. m. were told to return to Charles City. They had not succeeded in opening 54. Franke and Thoman returned to Charles City...

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