Pigg v. Brockman
| Decision Date | 19 April 1963 |
| Docket Number | No. 8943,8943 |
| Citation | 85 Idaho 492,381 P.2d 286 |
| Parties | John PIGG, Plaintiff-Appellant, v. Dewey BROCKMAN, James Trummell, and the State of Idaho, Defendants-Respondents. |
| Court | Idaho Supreme Court |
Vernon K. Smith, Boise, for appellant.
J. F. Martin and C. Ben Martin, Boise, for respondent State of Idaho.
Benoit & Benoit, Twin Falls, for respondents Dewey Brockman and James Trummell.
On September 15, 1953, shortly after 7:00 o'clock P.M., appellant John Pigg's automobile collided with a truck driven by respondent Dewey Brockman, which truck was owned by respondent James Trummell. Appellant instituted this action against Trummell, Brockman, the State of Idaho, and Eugene Hagler, a member of the Idaho State Police, to recover for his personal injuries and the damages to his automobile resulting from the accident.
The action was initially dismissed by the trial court, as to Police Officer Hagler and as to the State of Idaho. On appeal this judgment of dismissal as to Hagler was affirmed, and the judgment of dismissal as to the State of Idaho was reversed in Pigg v. Brockman, 79 Idaho 233, 314 P.2d 609, wherein it was held that by reason of a liability insurance policy having been issued to the State of Idaho, in the event of a verdict being returned against the State, a judgment could be entered against it within the policy limits.
Appellant by his amended complaint charged negligence on the part of driver Brockman and owner Trummell in operating the vehicle without proper headlights and clearance lights; with an over-width load, after sunset, without a pilot car in front thereof; in driving the truck into, and stopping in and thus obstructing appellant's lane of traffic. He charged officer Hagler and the State of Idaho with negligence in parking Hagler's patrol car in such a manner its headlights were shining across the highway into the eyes to persons using appellant's lane of traffic, and particularly in so blinding the appellant. It is also alleged in the complaint: 'That each of the before mentioned acts of negligence and unlawful acts of the before named defendants, and each of them concurred as a joint proximate cause of the collision hereinabove alleged and the injury and damages to this Plaintiff as hereinafter alleged.' Appellant prayed for general and special damages for his injuries and the value of his vehicle.
Respondents Brockman and Trummell, by their answer to the amended complaint, generally denied negligence on their part; as an affirmative defense they alleged that appellant's injuries and damages, if any, were proximately caused by his own negligence; as a second affirmative defense it was alleged that at the point where the accident occurred Officer Hagler, in his capacity as a member of the Idaho State Police, had assumed exclusive control of the operation of the Trummell truck.
Respondent State of Idaho by its answer also generally denied the negligence alleged in the amended complaint; it, too, claimed the contributory negligence of appellant was the cause of the accident, charging appellant with failure to have his vehicle under control, failure to see and observe the truck, and with voluntary consumption of alcoholic beverages causing him to drive his car in a reckless, careless and negligent manner.
At the trial of this cause it was established that the respondent, Dewey Brockman, as an employee of Trummell, was driving a Studebaker truck drawing a lowboy semi-trailer upon which was loaded a Caterpillar tractor and bulldozer. Brockman was driving in an easterly direction on State Highway 25 about one-half mile east of Jerome at approximately 6:45 p. m. Officer Hagler observed the truck was being operated in violation of the law in that there was a lack of a 'pilot car' traveling in front of the truck to indicate an overwidth load, lack of clearance lights and the left front headlight out. Hagler stopped the truck and instructed Brockman to follow Hagler's vehicle to a place where the truck and trailer could be turned around and taken back to Jerome, Idaho. The vehicles proceeded in an easterly direction, the truck following Hagler's patrol car until they came to a point opposite a driveway on the north side of the highway. Hagler then parked his pilot car on the south side of the road approximately forty feet east of the driveway, crossed the highway on foot and positioned himself on the north side of the highway near the driveway, where he undertook to cause the truck and trailer to be turned around and returned to Jerome. He also directed traffic around the truck and trailer while it was in the process of negotiating this movement. While so directing traffic, Hagler was using a flashlight with attached plastic red baton.
Plaintiff, who was driving on State Highway 25, in a westerly direction, testified that when he first observed the vehicles, he noticed three sets of headlights and presumed that these vehicles were moving toward him on the highway. It was established that one of the sets of lights was that of a third vehicle being driven by one Charles Haight. As plaintiff drove toward the vehicles, he observed the Haight automobile passing the lights of what proved to be the truck and patrol car. He stated that the lights from the Haight car 'bothered him some.' After passing the Haight automobile, a short distance east of the other two vehicles, plaintiff testified that he became blinded by the headlights of the patrol car and was unable to see Hagler, then standing on the north side of the highway. Plaintiff further stated that he, due to the lights on the police car was unable to see the truck clearly enough to determine that a portion of the front of the truck extended across the center of the highway into plaintiff's lane of traffic until he had driven past the patrol car and out of the glare of its headlights; that his lack of knowledge that a portion of the truck was in his lane of traffic was accentuated by the fact that the left front headlight of the truck was not burning. Plaintiff testified that after passing the patrol car he immediately came upon Hagler, whom he saw for the first time. Appellant stated that Hagler was standing on the oiled portion of the north side of the highway in his lane of traffic; that appellant had to steer his automobile to the left to avoid striking him with his car; and that he did not thereafter have time to veer back to the right to avoid colliding with the truck.
Appellant further testified that he had been driving at a speed of approximately fifty miles per hour when he approached the vehicles; that prior to the collision he reduced his speed by as much as five or ten miles per hour; that it was dark and headlights were required at the time of the accident; that he did not see any flashing red light on top of the police car or the red baton being used by Hagler to direct traffic; and that he had drunk only one bottle of beer prior to the accident.
Officer Hagler's testimony is at variance with much of appellant's testimony. Hagler states that he parked his patrol car on the extreme right side of, and parallel to, the highway; that a flashing red blinker light on its top was burning; that while directing traffic, he was standing on the north shoulder of the road and off the oiled portion of the highway; that there was ample room for appellant's vehicle to pass him without hitting him; that the appellant was traveling at a speed in excess of sixty miles per hour; and that appellant did not reduce his speed prior to the time of the collision. Hagler further stated when he parked his patrol car its lights were on dim, the lower beam.
Following the collision, Hagler testified that he could smell alcohol on the breath of appellant and that he ordered a sample of appellant's blood be taken to be analyzed for alcoholic content.
The testimony of other witnesses is at variance concerning several issues material to this case. Some testified that at the time of the collision it was shortly after sunset and still sufficiently light to enable them to see without the aid of headlights; others stated that headlights were required; and still another witness stated that the headlights of the patrol car 'blinded' her.
The evidence is also conflicting concerning the position of the truck at the time of the accident. Pictures of the truck indicate the left front wheel of the truck was slightly to the south of the center line on the highway. These pictures also indicate that a portion of the front bumper extended beyond the center line into the north lane. It is contended by appellant that the truck was positioned further onto the north lane of traffic at the time of the accident and that it had been moved back prior to the time these pictures were taken. This is denied by respondents. There is testimony in support of both contentions.
Conflicting testimony was given concerning the position of the vehicle driven by Hagler, the direction its lights were shining, and whether the flashing red blinker light on top of the patrol car was burning.
Motions for directed verdicts were made by respondents at the close of the plaintiff's case in chief, and renewed at the end of all testimony. These respective motions were based on the claimed failure of appellant's proof to establish negligence, and that as a matter of law appellant was guilty of contributory negligence. The motions were denied by the court and the cause submitted to the jury, which returned a verdict for defendants Brockman and Trummell. The jury was unable to arrive at a verdict insofar as the action against the State of Idaho was concerned. Appellant submitted his motion for new trial, claiming error in instructions given to the jury on proximate cause; error in refusing to strike certain evidence and in allowing certain opinion testimony; error by the trial court in improperly commenting on certain matters. The State...
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