Price v. HB Green Transportation Line

• Decision Date: 27 February 1961
• Docket Number: No. 13070,13071.,13070
• Citation: 287 F.2d 363
• Parties: Marlene PRICE and Ronald Price, Plaintiffs-Appellees, v. H. B. GREEN TRANSPORTATION LINE, Inc., Defendant-Appellant. Marlene PRICE and Ronald Price, Plaintiffs-Appellants, v. Marvin S. MASON d/b/a Ernest Murdock and Sons Trucking, Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

287 F.2d 363 (1961)

Marlene PRICE and Ronald Price, Plaintiffs-Appellees, v. H. B. GREEN TRANSPORTATION LINE, Inc., Defendant-Appellant.

Marlene PRICE and Ronald Price, Plaintiffs-Appellants, v. Marvin S. MASON d/b/a Ernest Murdock and Sons Trucking, Defendant-Appellee.

Nos. 13070, 13071.

United States Court of Appeals Seventh Circuit.

February 27, 1961.

James A. Dooley, Chicago, Ill., for Price.

Thomas G. McCracken, Oswell G. Treadway, Gates W. Clancy, Chicago, Ill., for H. B. Green Transp. Line, Inc., and Mason.

Before HASTINGS, Chief Judge, CASTLE, Circuit Judge, and GRUBB, District Judge.

CASTLE, Circuit Judge.

The accident out of which this law suit arose took place on the 20th day of January, 1958, on U. S. Route 34 in LaSalle County, Illinois, near the Village of Earlville, Illinois. The plaintiff, Marlene Price, who was married to the plaintiff, Ronald Price, was driving an automobile in a westerly direction on U. S. Route 34 at approximately seven o'clock in the evening. She left a filling station on the north side of Route 34 and proceeded approximately 150 yards to the west, where she intended to make a left turn across the highway to enter a driveway leading to the trailer house occupied by herself, her husband and two children. The H. B. Green Transportation Line, Inc., truck was also proceeding in a westerly direction at the time in question and was on its way from Chicago, Illinois, to Burlington, Iowa. The defendant, Marvin S. Mason, was driving a truck in an easterly direction on U. S. Route 34 and was on his way from Aledo, Illinois, to Chicago. The weather was blustery, and snow was falling. The driver of the H. B. Green Transportation Line, Inc., truck testified that he applied his brakes when he saw the stop lights on the car of Marlene Price's go on, and that his truck skidded forward, and that when he was 30 to 40 feet behind the car he steered for the ditch on the right side of the road. He felt something make contact with his trailer as he went by the car and later discovered that a panel box and the dolly on the left side of his rig were damaged.

The plaintiff's vehicle went across the path of the oncoming Mason truck, and the Mason truck struck it on the right side seriously damaging it, and pushing it in an easterly direction in front of the Mason truck 100 to 200 feet.

Plaintiff, Marlene Price, was taken from the scene of the accident to a hospital in Mendota, Illinois, where she remained for seven weeks.

Marlene Price sustained various injuries for which she claimed damages. Suit was brought by Marlene Price and Ronald Price, plaintiffs, against Dearmin Transfer, Inc., H. B. Green Transportation Line, Inc., and Marvin S. Mason, doing business as Ernest Murdock and Sons Trucking and Agriculture Transport Association to recover damages occasioned by the alleged negligence of the defendants in operating their respective motor vehicles. The H. B. Green Transportation Line, Inc., was operating under a trip lease from Dearmin Transfer, Inc., and the latter was dismissed out of the law suit upon proper motion during the trial. A counterclaim was filed by Marvin S. Mason and Marvin S. Mason and Elmo Murdock against H. B. Green Transportation Line, Inc. The jury returned a verdict for the plaintiff Marlene Price, and against the defendant, H. B. Green Transportation Line, Inc., in the amount of Ninety Thousand Dollars ($90,000.00), and a verdict in favor of Ronald Price and against H. B. Green Transportation Line, Inc., in the amount of Ten Thousand Dollars ($10,000.00). The jury found the defendant, Marvin S. Mason, not guilty on the complaint of Marlene Price and Ronald Price. The jury returned a verdict on the counterclaim of Marvin S. Mason against H. B. Green Transportation Line, Inc., and assessed "None" damages. Judgment was entered on the verdicts, and an appeal (No. 13070) has been taken by the defendant, H. B. Green Transportation Line, Inc. The plaintiffs, Marlene Price and Ronald Price, have taken an appeal (No. 13071) from the judgment entered on the not guilty verdict rendered by the jury on their claim against Marvin S. Mason. Mason moved to dismiss the appeal.

During the course of the trial there were emotional and hysterical demonstrations by Marlene Price in the presence of the jury and later in the hall just outside the jury room. The plaintiff, Marlene Price, would also rest her head on her husband's shoulder during the course of the trial.

The defendant, H. B. Green Transportation Line, Inc., prior to trial was denied the right to take the depositions of two of plaintiff's "examining physicians."

The contested issues are:

1. Were the damages awarded to the plaintiff, Marlene Price, and to the plaintiff, Ronald Price, excessive?

2. Were the damages awarded to Marlene Price and Ronald Price the result of passion and prejudice on the part of the jury?

3. Did the District Court err in failing to grant defendant\'s motion for a mistrial following a physical and emotional demonstration by Marlene Price in the presence of the jury, and did the Court err in refusing to grant a mistrial following a complaint made by counsel for the defendant, H. B. Green Transportation Line, Inc., that the plaintiff Marlene Price\'s conduct as she sat in the presence of the jury was such that its only effect would be to prejudice the jury in her favor?

4. Did the District Court err when it refused to allow the defendant, H. B. Green Transportation

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