Nelson v. McClard

• Decision Date: 13 September 1984
• Docket Number: No. 14516,14516
• Citation: 357 N.W.2d 517
• Parties: Rodney A. NELSON, Plaintiff and Appellant, v. Frederica W. McCLARD, Defendant and Appellee. . Considered on Briefs
• Court: South Dakota Supreme Court

Page 517

357 N.W.2d 517

Rodney A. NELSON, Plaintiff and Appellant, v. Frederica W. McCLARD, Defendant and Appellee.

No. 14516.

Supreme Court of South Dakota.

Considered on Briefs Sept. 13, 1984.

Decided Nov. 7, 1984.

T.F. Martin of McCann, Martin & McCann, Brookings, for plaintiff and appellant.

W.A. Hackett of Austin, Hinderaker & Hackett, Watertown, for defendant and appellee.

WUEST, Acting Justice.

This case arose out of a collision at an intersection controlled by traffic signals. Appellant Rodney A. Nelson (appellant) sued for damages to his pickup and appellee Frederica W. McClard (appellee) counterclaimed for damages to her vehicle. The right to a jury trial was waived and the case was tried before the court. The court concluded both were negligent and that neither could recover. We reverse and remand.

There was some dispute between the parties as to the facts but the court found appellant, who was driving his pickup truck in a northerly direction on 6th Street in Brookings, South Dakota, had stopped for a red light. It further found appellee, who was operating her automobile in an easterly direction on 17th Avenue, was traveling about twenty-five to thirty miles per hour; that as she approached the intersection the light changed to yellow and before she entered the intersection it changed to red. The court found that when the light turned green for appellant, he entered the intersection without observing appellee's automobile approaching the intersection. A collision occurred in the intersection, causing property damage to both vehicles. Traffic lights at the intersection are timed, so the green light will not show until the yellow light has ceased and all four signals have been red for one second.

The trial court concluded appellee was negligent for running a red light and appellant was negligent for failing to observe appellee's vehicle approaching the intersection and not keeping a proper lookout. The court made no finding or conclusion under the comparative negligence statute.

A green light indicates vehicular traffic facing the signal may proceed straight through. SDCL 32-28-2. A steady yellow light alone indicates the vehicular traffic facing the signal is warned that the red signal will be exhibited immediately thereafter and such vehicular traffic shall not enter the intersection when the red signal is exhibited. SDCL 32-28-3. A steady red light alone indicates vehicular traffic facing the signal shall stop before entering the intersection and shall remain standing until green is exhibited alone. SDCL 32-28-4.

There are no South Dakota cases dealing with stop lights except First Northwestern Trust Co. v. Schnable, 334 N.W.2d 16 (S.D.1983), which is factually different. There are, however, numerous cases dealing with stop signs.

In Grosz v. Groth, 78 S.D. 379, 102 N.W.2d 834 (1960), the court held a traveler on the through highway had the right to assume cross traffic would come to a stop before entering the intersection he was approaching; however, he had to make timely observation of the crossroad for oncoming traffic. Citing Alborn v. Arms, 74 S.D. 277, 52 N.W.2d 101 (1952); Robertson v. Hennrich, 72 S.D. 37, 29 N.W.2d 329 (1947); Kundert v. B.F. Goodrich Co., 70 S.D. 464, 18 N.W.2d 786 (1945); McKiver v. Theo. Hamm Brewing Co., 67 S.D. 613, 297 N.W. 445 (1941); 5A Am.Jur., Automobiles and Highway Traffic, Sec. 323.

In Burmeister v. Youngstrom, 81 S.D. 578, 139 N.W.2d 226 (1965), we held that

the presence of a stop sign does not relieve a motorist of the duty to use the favored highway with reasonable care and with due regard to the safety of others, Robertson v. Hennrich, 72 S.D. 37, 29 N.W.2d 329 [1947], but where the driver upon a road knows it is protected by a stop sign at an intersection with another road he can reasonably assume until the contrary is observed that a motorist approaching the intersection on an intersecting road will stop, look, and yield the right-of-way to the driver on the favored road.

81 S.D. at 583, 139 N.W.2d at 229.

An argument could be made that Burmeister modified the rule stated in Grosz and earlier cases. However, we are dealing with signals, as distinguished from stop signs. Ordinarily, signals are used for congested areas, whereas stop signs are used on less busy highways and streets.

Modern day intersections are dangerous enough with left turn lanes, turn arrows, delayed signals, right turns on red, etc. The driver of the car entering the intersection on the preferred street is kept sufficiently busy by the action at the intersection. If we required this driver to additionally check the oncoming traffic on the non-preferred street we would probably cause more accidents than we would prevent.

Anderson v. Pre-Fab Transit Co., Inc., 409 N.E.2d 1157, 1164 (Ind.App.1980) citing Wallace v. Doan, 155 Ind.App. 316, 292 N.E.2d 820 (1973). See also Walton v. Kolb, 31 Colo.App. 95, 500 P.2d 149 (1972); Pfister v. West, 53 Ill.App.2d 305, 203 N.E.2d 35 (1964); Lehar v. Rogers, 208 Kan. 831, 494 P.2d 1124 (1972).

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