McCall v. Sisson
| Decision Date | 05 November 1975 |
| Docket Number | No. 3--573A60,3--573A60 |
| Citation | 166 Ind.App. 403,336 N.E.2d 660 |
| Parties | Joseph Francis McCALL, Appellant (Defendant below), v. Naomi P. SISSON, Appellee (Plaintiff below). |
| Court | Indiana Appellate Court |
Jon F. Schmoll, Gary, Glenn J. Tabor, Valparaiso, for appellant.
Michael F. Yudt, Gary, for appellee.
Naomi Sisson was injured when her automobile was struck by an automobile driven by Joseph McCall at the intersection of State Road 149 and Porter County Road 875 North on November 25, 1967. She filed this action for damages and received a jury verdict for $15,000.00. Joseph McCall's appeal to this Court presents the sole issue of whether Naomi Sisson was guilty of contributory negligence as a matter of law. We conclude that she was not, and we affirm.
Indiana State Road 149 is a north-south highway with a posted speed limit of 50 miles per hour. The road crosses under Interstate 80 in northern Indiana, and a short distance south of Interstate 80, it intersects at right angles with Porter County Road 875 North. On both sides of 149 there are stop signs controlling traffic on 875. On 149, north of 875, there is a sign indicating the existence of an intersection.
When 149 is viewed from the north, there is a level spot that ends when highway 149 crosses a creek. From the creek south on 149, there is a rise approximately 100 feet in length, which ends in a plateau 380 feet before 149 intersects with 875. The angle of incline from the bottom of the creek valley to the top of the plateau is approximately 35 degrees and results in a road level depression about 30 to 40 feet in depth.
About noon on November 25, 1967, the date of the collision, Sisson was driving west on 875 with her daughter in the right from passenger seat and her granddaughter in the right rear passenger seat. As she approached the intersection with 149, she observed the stop sign and stopped her car about two or three feet short of 149. She looked to the left (south) and saw no traffic. Then, she looked to the right (north) and saw no traffic. She testified that her vision was unobstructed in either direction for about a half mile. It was a clear day with good visibility and good road conditions. After looking both ways, Sisson proceeded to cross 149. She testified that she safely crossed the road. She had no memory of the collision.
The other automobile involved in the collision was driven by McCall, who was heading south on 149. Just prior to the collision, Walter Sheetz was also traveling south on 149 at approximately 45 to 50 miles per hour. As Sheetz approached the base of the rise leading up to the plateau, he was passed by McCall. Sheetz estimated McCall's speed to be 60 to 65 miles per hour. After McCall passed him, Sheetz lost sight of McCall's automobile after it went up the rise, but as Sheetz arrived at the top of the rise, he noticed a cloud of dust near the intersection. When he arrived at the intersection, he observed Sisson lying on the road and McCall walking around with his hand on his head.
McCall testified that he approached 875 at 50 miles per hour. When he was about halfway between the top of the rise and the intersection, he saw Sisson's vehicle stopped on the east side of 149 heading in a westerly direction. He testified that, since the vehicle was stopped, he proceeded, but when he was 'a very short distance from the intersection, the car that was stopped pulled out in front of (him).' He applied his brakes, but was unable to avoid the Sisson vehicle. He testified that he was fairly centered in the southbound lane of 149 and that the Sisson vehicle completely blocked the road, leaving no way for him to drive around it.
After the collision, both cars were found in the southwest quadrant of the intersection. McCall's car had spun around and was severely damaged in front. Sissonhs was severely damaged in front. Sisson's damage to its right side, especially in the vicinity of its right rear wheel. There were no skid marks on 149, but there were tire ruts to the west of 149. There was no debris on 149, but there was broken glass and pieces of chrome to the west of the highway.
The general rule regarding contributory negligence is that, if plaintiff's conduct falls below the standard to which an ordinary and reasonable person in like or similar circumstances would conform for his own protection, Memorial Hospital of South Bend, Inc. v. Scott (1973), Ind., 300 N.E.2d 50, and if the substandard conduct is a direct and not a remote cause of plaintiff's injuries, Metz v. Madison (1971), 149 Ind.App. 157, 271 N.E.2d 197; Huey v. Milligan (1961), 242 Ind. 93, 175 N.E.2d 698, then plaintiff may be found contributorily negligent. The question of contributory negligence is one of fact for the jury if the evidence is conflicting or in dispute or is such that reasonable persons could draw different conclusions or inferences. It is only when one conclusion or inference can be drawn from the evidence that contributory negligence is a question of law. New York Central R.R. v. Glad (1962), 242 Ind. 450, 179 N.E.2d 571.
Sisson had a statutory duty to yield the right-of-way to vehicles on through highway 149 if the vehicles had entered the intersection or were approaching so closely that they constituted an immediate hazard. IC 1971,...
To continue reading
Request your trial
-
Petroski v. Northern Indiana Public Service Co.
...from the evidence, the trial court could not properly find contributory negligence or incurred risk as a matter of law. McCall v. Sisson (1975), Ind.App., 336 N.E.2d 660; State v. Collier (1975), Ind.App., 331 N.E.2d Steven voluntarily touched the upper uninsulated high voltage line. Howeve......
-
DeMichaeli and Associates v. Sanders
...and which contributes as a legal cause, i.e., a proximate and direct rather than a remote cause, of the harm. See, McCall v. Sisson (1975), Ind.App., 336 N.E.2d 660; Memory Memorial Hospital of South Bend, Inc. v. Scott (1973), Ind., 300 N.E.2d 50, 56; Metz v. Madison (1971), 149 Ind.App. 1......
-
Board of Com'rs of Henry County v. Dudley
...Co. v. Peerman (1943), 113 Ind.App. 280, 46 N.E.2d 262; Phillips v. Jackson (1925), 83 Ind.App. 135, 147 N.E. 818; McCall v. Sisson (1975), Ind.App., 336 N.E.2d 660; Wood v. Snyder (1925), 83 Ind.App. 31, 147 N.E.2d Is there, then, another reasonable inference from the uncontradicted eviden......
-
Brownell v. Figel
...538 N.E.2d 979, 981 (Ind.Ct.App.1989); Public Service Co. v. Gibbs, 460 N.E.2d 992, 995 (Ind.Ct.App.1982); McCall v. Sisson, 166 Ind.App. 403, 336 N.E.2d 660, 662 (1975). Although ordinarily a question of fact for the jury, contributory negligence is an issue of law when the voluntary condu......