Mason v. Keltner
| Decision Date | 18 September 1992 |
| Docket Number | 91-CA-1888-MR,Nos. 91-CA-1867-M,s. 91-CA-1867-M |
| Citation | 854 S.W.2d 780 |
| Parties | Larry MASON and Carolyn Mason, Appellants, v. Glenn D. KELTNER, d/b/a Keltner Transport and National Casualty Company, Appellees. METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY and Connie E. Mason and Joseph W. Mason, Appellants, v. Glenn D. KELTNER, d/b/a Keltner Transport and National Casualty Company, Appellees. |
| Court | Kentucky Court of Appeals |
Thomas W. Davis, Glasgow, for appellants Larry Mason and Carolyn Mason.
Timothy L. Edelen, Bowling Green, for appellants Metropolitan Property and Liability Ins. Co., Connie E. Mason and Joseph W. Mason.
Michael K. Bishop, Max B. Harlin, III, Bowling Green, for appellees Glenn D. Keltner, D/B/A Keltner Transport and Nat. Cas. Co.
Before DYCHE, McDONALD and SCHRODER, JJ.
This is a personal injury action in which appellants appeal from a judgment entered by the Barren Circuit Court and an order overruling appellants' motion for judgment N.O.V. and for a new trial.
The three questions before us are whether appellants were entitled to a directed verdict of liability against appellees, whether the trial court erred by directing that the jury be apprised that appellant's medicals had been paid by a collateral source without identifying the collateral source, and whether the instructions given by the trial court were erroneous for not including a duty not to block the highway and an instruction on the sudden emergency doctrine. It is our opinion that there was no error.
The accident in question occurred at the intersection of Highway 252 and Highway 31-E in Barren County, Kentucky. Running north and south, Highway 31-E is level and straight for approximately one-half mile in either direction from the intersection of Highway 252 and Highway 31-E. It appears from the record that a left turn onto Highway 252 from northbound on Highway 31-E is rather sharp and more than a right angle.
It is undisputed that after dark on the night of August 31, 1988, plaintiff/appellant, Larry Mason ("Mason"), was travelling south on Highway 31-E in his son's truck which did not have functioning headlights. The defendant/appellee, Glenn D. Keltner ("Keltner"), was travelling north on Highway 31-E in his tractor and trailer until he reached the intersection of Highway 252 and Highway 31-E in which he stopped to make a left-hand turn. After a few oncoming cars passed, Keltner proceeded to turn left and had cleared the northbound lane and approximately one-half of the southbound lane of Highway 31-E when Mason's vehicle struck the right rear wheels of Keltner's trailer.
It appears from the record that Keltner admits he saw Mason's vehicle approaching, but thought he could safely make the turn due to the distance Mason was away from the intersection. Keltner also testified that he was attempting to turn left prior to the impact for approximately twenty to forty seconds, but at no time did his vehicle stop. Mason testified that he observed a set of bright lights heading northbound on Highway 31-E, but stated he did not slow his vehicle despite his inability to see. An independent witness to the accident, Mr. Johnson, testified that Mason was travelling approximately 55 to 65 m.p.h. and did not hit his brakes until right before he reached Keltner's truck. Mr. Johnson also stated that Keltner's tractor trailer did not stop while making its turn until it was struck by the Mason vehicle and that Keltner attempted to turn prior to impact for approximately one-and-a-half to two minutes.
As a result of the collision, Mason incurred medical expenses in the amount of $27,291.00 of which $10,000.00 was paid by Metropolitan Property and Liability Insurance Company ("Metropolitan") and $14,004.86 was paid by HMO Kentucky. Both Metropolitan and HMO Kentucky intervened for reimbursement of no-fault benefits paid. At the trial, Connie and Joseph Mason also intervened for recovery of damages to their truck driven by Larry Mason. The jury returned a verdict for Keltner and, after the trial court overruled appellants' motion for judgment N.O.V. and a new trial, this consolidated appeal followed.
Appellants contend, first, that the trial court erred in overruling their motion for a directed verdict on the issue of Keltner's negligence. This Court in Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985) stated:
In ruling on either a motion for a directed verdict or a motion for judgment notwithstanding the verdict, a trial court is under a duty to consider the evidence in the strongest possible light in favor of the party opposing the motion. Furthermore, it is required to give the opposing party the advantage of every fair and reasonable inference which can be drawn from the evidence.
In the case at bar, the jury and trial court were faced with the issue of whether Keltner made an improper left turn and whether Mason failed to keep a proper lookout. While the appellants cite several cases to support the position that Keltner was negligent as a matter of law due to the fact that he made a left-hand turn in front of Mason's approaching vehicle, we cannot agree. It is true that Mason, as the driver pursuing a straight course at the intersection, has the right-of-way over Keltner, who was seeking to turn into Mason's projected path. See Compton v. Johnson, Ky., 522 S.W.2d 448 (1975). In addition, KRS 189.380(1) enjoins a driver from turning a vehicle to the right or left "until such movement can be made with reasonable safety...." However, this duty is not absolute in the sense that any collision itself proves conclusively that the turn could not be made with...
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