Lamb v. Winkler
| Decision Date | 01 March 2023 |
| Docket Number | 29676,29687 |
| Citation | 2023 S.D. 10 |
| Parties | ROBERT LAMB and ANNETTE LAMB, Plaintiffs and Appellants, v. PAUL WINKLER, as Personal Representative of the Estate of BEVERLY ANN WINKLER, a/k/a BEVERLY WINKLER, Deceased, Defendant and Appellee. |
| Court | South Dakota Supreme Court |
CONSIDERED ON BRIEFS FEBRUARY 14, 2022
APPEAL FROM THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT BUTTE COUNTY, SOUTH DAKOTA THE HONORABLE MICHAEL W. DAY JUDGE
THOMAS E. BRADY OF LYNN, JACKSON, SHULTZ & LEBRUN, P.C. SPEARFISH, SOUTH DAKOTA ATTORNEYS FOR PLAINTIFFS AND APPELLANTS.
COURTNEY R. CLAYBORNE OF CLAYBORNE, LOOS & SABERS, LLP RAPID CITY, SOUTH DAKOTA ATTORNEYS FOR DEFENDANT AND APPELLEE.
[¶1.] Robert and Annette Lamb (Lambs) sued Paul Winkler (Winkler) the personal representative of Beverly Winkler's estate in tort for damages arising from a motor vehicle accident in which Beverly sustained fatal injuries. The circuit court granted partial summary judgment to the Lambs, holding that Beverly was negligent per se. The parties proceeded to a bench trial on the issue of damages, and the circuit court awarded damages to the Lambs. The Lambs appeal from the circuit court's amended judgment, which assessed the Lambs' total damages, prejudgment interest, and costs at $36,498.80. The Lambs contend that the circuit court erred as a matter of law by finding that the Lambs' tractor was damaged in the accident and then not awarding any compensation for the tractor's loss in value. We affirm in part and reverse in part.
[¶2.] At 6:20 p.m. on October 26, 2016, a vehicle operated by Beverly Winkler rear-ended a tractor operated by Robert Lamb that was towing farming equipment on U.S. Highway 212 near Belle Fourche in Butte County, South Dakota. At the time of the collision, Robert was driving a 1982 895 Versatile Tractor and towing a 726 John Deere Mulch Finisher, a type of cultivating and tilling machine. Robert was traveling approximately 20 miles per hour, while Beverly was traveling approximately 65 miles per hour. Prior to the collision Robert observed Beverly driving behind him at a distance. His attention then turned to a pickup passing an oncoming car in front of him, causing Robert to consider driving into the ditch in order to avoid the side-by-side oncoming vehicles. However, the pickup finished passing the car and returned to its proper lane before Robert needed to take any action. Shortly after the oncoming car and pickup passed, Beverly collided with the rear end of the finisher. There was no evidence of braking at the scene, and a blood test showed that Beverly's blood alcohol content was 0.16 at the time of the collision. Beverly sustained severe injuries upon impact and was life flighted to Rapid City Regional Hospital. Unfortunately, Beverly did not survive.
[¶3.] Upon impact, Robert was knocked back in his seat and temporarily rendered unconscious from hitting his head on the back window of the tractor. After traveling approximately 250 feet, Robert regained consciousness. The engine of the tractor was roaring from RPMs revving, and the tractor had left the road and was traveling through the ditch. There was no evidence of a skid at the point of collision, supporting the inference that the force from the accident went through the rear end of the tractor.
[¶4.] The impact sheared the one and three-eighths inch steel hitch pin off the tractor, disconnecting the finisher from the tractor. Upon impact, Beverly's car went under the finisher, causing shearing on several of the finisher's spring-tooth harrows, pushing its shovels into one of its tires, and bending its beams.
[¶5.] Following the accident, Robert was taken to the emergency room at Regional Hospital in Sturgis, reporting mid-back soreness. Dr. Hermann provided an assessment of "MVA (motor vehicle accident) with lower thoracic discomfort without evidence of severe injury." The parties stipulated that Robert incurred $3,270 in medical expenses stemming from the accident. Robert complained of ongoing numbness in his arm, but no medical testimony was provided to substantiate a claim that the condition related to the accident.
[¶6.] On October 27 or 28, 2016, the Lambs used the tractor to tow the damaged finisher approximately one quarter mile from the accident site to their farmyard. The tractor and finisher remained unmoved from the Lambs' farmyard throughout the remainder of the case. The Lambs, however, needed functional equipment by March 2017 to timely plant their crops. They inquired about a short-term rental for a tractor but ruled out that option after learning the cost would range from $10,000-$15,000. Concerned with the timeline for repairs of their damaged tractor, with the availability of necessary parts, and that costs might exceed the value of the tractor, the Lambs chose to forego having it inspected and repaired, instead deciding to buy a replacement tractor and finisher. The Lambs conducted an internet search and traveled through South Dakota, Nebraska, and Iowa to inspect available equipment.
[¶7.] On February 23, 2017, the Lambs purchased a 936 Versatile Tractor from an equipment dealer in Onida, South Dakota, at a total cost of $32,395. The 936 Versatile was a newer model purchased to replace the Versatile Tractor that was in the accident. The Lambs had originally purchased the 1982 895 "fixer upper" Versatile in April 2011 for $18,500. At trial, the Lambs testified that they had invested $20,536.11 into transporting, fixing, improving, and maintaining the tractor between 2011 and 2016, as reflected on their spreadsheet admitted as Exhibit 20 at trial. The circuit court found that, when properly maintained, a tractor can appreciate in value over time. In Robert's opinion, the tractor was worth $39,000 before it was damaged in the accident.[1] With the exception of the age of the two tractors, they were essentially identical, with roughly the same operating hours, horsepower, engine, transmission, and tires. Robert asserted that the amount of damages owed to the Lambs resulting from damage to their tractor was $36,500, or the estimated value of $39,000 prior to the accident less the salvage value of $2,500 claimed by the Lambs.
[¶8.] On March 1, 2017, the Lambs purchased a 726 John Deere FieldFinisher to replace the damaged finisher. The total cost of the 726 Finisher was $22,990. Additionally, the Lambs paid $1,250 for the delivery of the finisher and another $1,250 for repairs, service, and maintenance prior to placing it into use. However, the circuit court discounted the Lambs' asserted improvements to the finisher, which were detailed in a handwritten list setting forth the costs for repairs, service, and maintenance-this list was dated on or around December 3, 2019, well over two years after the Lambs had purchased the replacement finisher. The Lambs purchased the original finisher that was damaged in the accident for $17,888 in March 2013. They asserted the salvage value of the damaged finisher was $2,500.
[¶9.] The Lambs filed a complaint against Winkler as the personal representative of Beverly's estate on June 13, 2017, alleging that Beverly negligently caused the Lambs' damages in the collision. On May 15, 2019, the circuit court entered partial summary judgment in favor of the Lambs, holding that Beverly was negligent per se by driving with a blood alcohol content of 0.16, which is twice the legal limit, and that her negligence was the legal cause of the October 26, 2016 collision.
[¶10.] The circuit court held a bench trial on the Lambs' claims for damages on November 23, 2020, both parties having waived their right to a jury trial. No evidence or testimony was provided to support a theory of contributory negligence, and Winkler waived affirmative defenses. Robert Lamb, Annette Lamb, and Scott Merrow, the owner of an equipment dealership with over a decade of experience in diesel engine repair work, provided testimony in support of the Lambs' claims for damages.
[¶11.] Robert farmed a "160-acre [parcel] of land east of Nisland" and owned, operated, and maintained various types of farm equipment as part of his operation. He repaired his own equipment and was familiar with the mechanics of transmissions, differentials, and diesel engines. He "has been involved in farming throughout his life" and has extensive "experience with welding and metal fabrication through" previous employment. Robert testified that, in his opinion, the tractor's market value at the time of the accident was $39,000, but the costs of repair to make the tractor operational after the accident were likely to be as much as $51,000.
[¶12.] In Robert's opinion, "the cost to inspect the tractor and repair known damage was, at minimum $31,700." Regarding known damage to the tractor, Robert testified that the damage to the center pivot or articulating joint was readily observable. He did not present any written cost estimates for this repair. Rather, Robert testified that he priced the cost for this repair "when we were trying to assess whether we could fix the tractor or not[.]" "[I]f I remember right, it was $300 a [hole]" to bore the holes out. He further explained that he believed they had counted eighteen holes for a machinist to bore. In discussing additional claimed labor to perform this work, Robert testified that he believed it would take two and one-half days to take the articulating joint apart. "And speaking to the shops, they say you can pound on them pins-if they've been smashed in there like that, you can pound on them for two to three days to get them out." Robert further testified that the cost per hour for labor was $90 to $100 "[a]nd it was open ended." Robert also noted that the hitch pin had been sheared off in...
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