New Mexico State Highway Dept. v. Van Dyke
| Decision Date | 06 April 1977 |
| Docket Number | 11050,Nos. 11046,s. 11046 |
| Citation | 563 P.2d 1150,90 N.M. 357,1977 NMSC 27 |
| Parties | NEW MEXICO STATE HIGHWAY DEPARTMENT, Petitioner, v. Knox VAN DYKE, Administrator of the Estate of Anita Van Dyke, Deceased, and Knox Van Dyke as parent and next friend of Richard Van Dyke, a minor, Respondents. Knox VAN DYKE, Administrator of the Estate of Anita Van Dyke, Deceased, and Knox Van Dyke as parent and next friend of Richard Van Dyke, a minor, and Knox Van Dyke, Individually, Petitioner, v. NEW MEXICO STATE HIGHWAY DEPARTMENT, and the Millers Mutual Fire Insurance Company of Texas, Respondents |
| Court | New Mexico Supreme Court |
On July 21, 1971 petitioner-respondent Van Dyke (hereafter plaintiff), with his wife and son, was driving from Albuquerque toward Santa Fe on Highway 85. After passing the crest of La Bajada Hill the Van Dyke vehicle struck the rear of a truck carrying concrete blocks. The collision caused the death of Mrs. Van Dyke with injuries to Mr. Van Dyke and their son. A suit was filed for injuries received by Van Dyke and his son, and the death of his wife. The jury rendered a judgment in favor of all three plaintiffs. The New Mexico State Highway Department (Highway Department) appealed the denial of its motion for a directed verdict to the Court of Appeals. The Millers Mutual Fire Insurance Company of Texas (Millers) was allowed to intervene in the proceedings before the Court of Appeals. In its opinion concerning this case the Court of Appeals stated as follows:
We reverse the judgment with respect to the plaintiff Knox Van Dyke in his individual capacity and as administrator of the estate of Anita Van Dyke and remand for a new trial. The judgment for Richard Van Dyke is affirmed. The order of the trial court regarding insurance coverage between Millers and the Highway Department is reversed for a new trial. It is the further order of this court that the trial court determine the issue of insurance coverage before any action is taken on affirmance of Richard Van Dyke's judgment and of the new trial for Knox Van Dyke in his individual capacity and as administrator of the estate of Anita Van Dyke.
The Van Dykes and the Highway Department both petitioned for a writ of certiorari to the Court of Appeals. We granted certiorari and consolidated both petitions. We reverse the Court of Appeals.
There were several points alleged as error in the petitions. The first point concerns the allegations of negligence on the part of the Highway Department.
Plaintiff alleges as the basis of the Highway Department's liability that it was negligent in designing the highway with 'stopping-sight' distances and shoulders less than standard; and that it posted an excessive speed limit for the highway. Plaintiff's theory of the case, as submitted to the jury in instruction No. 1, reduced the claim to posting an excessive speed limit and having inadequate shoulders.
The highway in question was constructed in 1931 and has not been materially altered since then. There was no evidence that it did not conform to new-highway construction standards, existing at that time. Subsequent to 1931, various changes were effected to meet new driving conditions. An annual rating system for older highways was developed and each road was periodically checked to determine whether it met the newer standards.
In 1971 the legal speed limit was 70 m.p.h. but the Highway Department had the power to lower the speed limit if an investigation revealed that the legal speed was greater or less than was reasonable or safe for the road conditions. Section 64--18--2.1(A), N.M.S.A.1953 . The annual ratings for Highway 85 for several previous years showed that it was rated adequate for 70 m.p.h. traffic, although, by the new construction standards of 1971, there were some deficiencies. There was no allegation that this rating system was negligent or improper.
The alleged defect was that the 'stopping-sight' distances for a 70 m.p.h. highway did not conform to either the 1954 or 1971 criterion for new-highway construction. The 'stopping-sight' distance is that distance required for a motorist, after perceiving an obstruction in the road ahead, to take appropriate action to avoid it. The 1971 standards called for a 600 feet stopping-sight distance for a car traveling 70 m.p.h., measured from a point three feet nine inches from the pavement (e.g. approximate eye-level of a driver) to a point six inches above the pavement (supposedly where an object would by lying) The stopping-sight distance at the portion of the highway where the accident took place did not meet this standard.
However, under the present circumstances it is clear that plaintiff had an adequate stopping-sight distance because the object which was obstructing his progress was not six inches from the pavement, but was a truck measuring eight feet two inches in height. The facts are undisputed. Plaintiff had the opportunity to see the truck, or a part of it, well in excess of the recommended stopping distance of 600 feet, and well in excess of the distance required to react and stop or safely change lanes. It is the duty of a motorist to do more than merely look, 'it is his duty to see and be cognizant of what is in plain view or obviously apparent, and he is chargeable with seeing what he should have seen, but not with what he could not have seen in the exercise of ordinary care.' Ortega v. Koury, 55 N.M. 142, 145, 227 P.2d 941, 943 (1951). Accord, Horrocks v. Rounds, 70 N.M. 73, 370 P.2d 799 (1962); Martinez v. City of Albuquerque, 84 N.M. 189, 500 P.2d 1312 (Ct.App.1972). Plaintiff offered no evidence to justify his failure to perceive the truck and take adequate measures to avoid it. See Selgado v. Commercial Warehouse Company, 86 N.M. 633, 526 P.2d 430 (Ct.App.1974).
Beside the stopping-sight distance, plaintiff also alleged that the highway was defective because the shoulder of the road was inadequate. Although the shoulders at that point in the road did not conform to the 1971 standard, there was...
To continue reading
Request your trial
-
Cano v. Lovato
...any new, independent cause, produces the injury, and without which the injury would not have occurred. New Mexico State Highway Department v. Van Dyke, 90 N.M. 357, 563 P.2d 1150 (1977). There is substantial evidence, in the present context, to support the trial court's findings and conclus......
-
Schear v. Board of County Com'rs of Bernalillo County
...direct and proximate cause of her injuries. Negligence is generally a question of fact for the jury. New Mexico State Highway Department v. Van Dyke, 90 N.M. 357, 563 P.2d 1150 (1977). A finding of negligence, however, is dependent upon the existence of a duty on the part of the defendant. ......
-
Armstrong v. Industrial Elec. and Equipment Service
...the jury, unless reasonable minds cannot differ. F & T Co. v. Woods, 92 N.M. 697, 594 P.2d 745 (1979); New Mexico State Highway Dept. v. Van Dyke, 90 N.M. 357, 563 P.2d 1150 (1977). A plaintiff in a comparative negligence action who has sustained damages is barred from damages for loss or i......
- Paez v. Burlington N. Santa Fe Ry.