Vintila v. Drassen

• Decision Date: 27 June 2001
• Citation: 52 S.W.3d 28
• Parties: (Mo.App. S.D. 2001) Carolyn M. Vintila, Respondent v. Dennis L. Drassen, A & G Trucking, and Amega Mobile Home Sales, Inc., Appellants. 23361 0
• Court: Missouri Court of Appeals

52 S.W.3d 28 (Mo.App. S.D. 2001)

Carolyn M. Vintila, Respondent v. Dennis L. Drassen, A & G Trucking, and Amega Mobile Home Sales, Inc., Appellants.

23361

Missouri Court of Appeals Southern District

06/27/2001

Appeal From: Circuit Court Carter County, Hon. R. Jack Garrett

Counsel for Appellant: Thomas J. Noonan and Stephen J. Barber

Counsel for Respondent: Robert D. Brown, David Phillips and John L. Oliver, Jr.

Opinion Summary: None

Parrish, P.J., and Shrum, J., concur.

Kerry L. Montgomery, Judge

This case involves a personal injury claim by Carolyn M. Vintila (Respondent) against Dennis L. Drassen, A & G Trucking, and Amega Mobile Home Sales, Inc. (Appellants) stemming from an automobile accident. After the car in which Respondent was a passenger collided with a truck driven by Drassen, Respondent filed suit against Appellants. A jury found in favor of Respondent and assessed $1.5 million in damages against Appellants. This appeal followed.

Appellants raise eight points on appeal. Several points challenge the sufficiency of the evidence in support of the judgment; therefore a detailed rendition of the evidence presented at trial is necessary. In accordance with our standard of review, the factual summary is presented in the light most favorable to Respondent, the prevailing party at trial. See Fabricor, Inc. v. E.I. DuPont de Nemours & Co., 24 S.W.3d 82, 85 (Mo.App. 2000).

A & G and Amega hired Drassen to drive a truck transporting a 14-foot-wide, half-section of a mobile home from Alabama to Neosho, Missouri. Although Missouri law prohibits the operation of a vehicle with a width in excess of 96 inches (8 feet) upon the highways, the Missouri Department of Transportation authorized Drassen to transport the mobile home under the terms of a special permit for overwide loads. The permit provided, in pertinent part, that Drassen could not be move the oversize load between the hours of 4:00 p.m. and 6:00 p.m. and that he must maintain a distance of a least 1,000 feet between oversized loads. The permit also provided that, if necessary, traffic should be stopped at bridge crossings.

October 13, 1995, Drassen was transporting the mobile home section westbound on Highway 60, a two-lane road in Carter County, Missouri. Two escort vehicles and a second truck, which was hauling the other half-section of the mobile home, accompanied Drassen. The escort vehicles bore signs reading "Oversized Load" on the top and back, drove with the headlights on and had flashing lights and flags on the back. The group traveled together in a caravan. One escort vehicle was leading the way. Next came the truck operated by the other driver, followed by a second escort vehicle. The truck operated by Drassen was the last in the procession.

At approximately 5:30 p.m., the caravan approached the Carter Creek Bridge, a two-lane bridge on Highway 60. The bridge is 159 feet long and 27 feet 7 inches wide from wall to wall. The roadway is 23 feet 4 inches wide, with each lane being approximately 12 feet across.

The caravan's usual practice when crossing a bridge was for the escorts to go ahead of the trucks to make sure the bridge was clear and to attempt to stop as many other vehicles as possible. The escorts would use CB radios to communicate with the drivers of the trucks and warn them about oncoming vehicles. When oncoming traffic was already coming across the bridge, the escorts would inform the truck drivers so that they could slow down and stop until the traffic passed.

On the day of the accident, the caravan continued across the bridge in the order in which they had been traveling. They shortened the distance between the vehicles to approximately 330 feet in order to drive across the bridge more quickly. The 14-foot wide sections of the mobile home were so wide in relation to the two-lane bridge that they had to be driven down the middle of the bridge, straddling the center line.

The lead escort saw a vehicle approach the bridge and come to stop as far to the side of the road as possible. The escort advised the others that the vehicle was letting them pass and kept going. The escort made no attempt to flag down other vehicles or stop traffic in order for the oversized loads to cross the bridge.

Once across the bridge, the lead escort noticed a pickup truck moving eastbound toward the bridge. Theodore Vintila, Respondent's husband, was driving the oncoming pickup truck, with Respondent in the front passenger seat. The lead escort radioed to the other drivers that the pickup truck was coming. The pickup truck passed the lead escort vehicle, the first truck and the second escort vehicle after they had already crossed the bridge.

Drassen's vehicle was still approximately 25-feet from the bridge when he saw the pickup coming toward him. When Drassen first saw the pickup truck, its brakes were locked up, smoke was coming from its tires and it was sliding within its eastbound lane. Drassen testified he believed he could still get across the bridge as long as the pickup stayed within its own lane. Drassen continued forward. The driver of the pickup appeared to let off of the brakes and then hit them again. As Drassen exited the bridge, the pickup truck skidded into Drassen's lane of traffic and the vehicles collided. Theodore Vintila died as a result of his injuries from the collision and Respondent sustained multiple injuries.

Following the collision, Trooper David Martin of the Missouri Highway Patrol arrived at the scene. The pickup truck driven by Vintila was in the eastbound lane facing west. Trooper Martin determined that the pickup left two sets of skid marks and took measurements at the scene. The first skid marks were 104 feet long. The area immediately after the initial skid was devoid of any marks. Then came another 33 feet of skid marks that went from the eastbound lane into the westbound lane. Drassen's truck left 41 feet of skid marks.

On August 22, 1996, Respondent filed a petition against Appellants alleging that Dressen was an agent of A & G and Amega and that his negligence was the proximate cause of the collision and resulting injuries. Respondent alleged several acts of negligence on the part of Drassen including, but not limited to, failing to stop when he should have known there was a reasonable likelihood of a collision, driving an overwidth [sic] vehicle on a road at a time not permitted by law, and failing to maintain a proper distance between vehicles. Respondent also made a claim against her husband's estate and his insurance company. She settled this separate claim for $25,000.

On July 28, 1999, a jury trial was held on the matter. At trial, William Hampton, an accident reconstructionist testified on Respondent's behalf. Hampton testified he was familiar with Missouri regulations relating to the movement of overweight and overdimension vehicles. He also stated he was familiar with the special permits required for such vehicles. Hamption testified that he relied on the regulations when analyzing the case.

Hampton testified that prohibition against oversized vehicles traveling the roads between 4:00 and 6:00 p.m. was designed to promote safety. The regulation prevents oversized vehicles from crowding the road during times of increased traffic. Hampton testified that based upon his experience as a state trooper he was aware that during the curfew times there was increased traffic on Carter Creek Bridge. He also noted that the restriction alleviates visibility problems for drivers due to sunset. Hampton suggested there was "some possibilities" that the position of the sun played a part in the accident based upon testimony of the driver behind Drassen that the sun was "really in her eyes" and that "she could not see what she was coming up on."

Hampton then testified concerning the requirement that oversized vehicles maintain a distance of 1,000 feet when traveling together. Hampton stated that the regulation was designed to promote safety by enabling traffic to easily pass the oversized vehicles. The distance also provides more reaction time and visibility than if the oversized vehicles were closer together. Hampton concluded that a distance of only 330 feet separated the two oversized vehicles in the convoy.

Based upon Drassen's deposition testimony, Hampton calculated that when Drassen saw Vintila's vehicle begin to skid, he had 240 feet before the point of impact. Based upon a speed of 30 miles per hour, the speed Drassen said he was driving in deposition testimony, and utilizing the standard reaction time, Hampton opined that Drassen had time to stop if he had chosen to do so. Hampton further concluded that Drassen had time to stop prior to impact even if his vehicle had been traveling at 45 miles per hour.

According to his testimony, Drassen recognized that his permit prohibited transportation of the 14-foot wide section of the mobile home between the hours of 4:00 and 6:00 p.m. He testified, however, that he would occasionally violate the curfew. Dressen was also aware that the permit required a 1,000 foot distance between oversized loads. He testified that he had violated this condition "many times."

After hearing the evidence, the jury returned a verdict in favor of Respondent and assessed damages at $1.5 million. This appeal followed.

In their first point relied on, Appellants claim the trial court erred in submitting Instruction Number 6, the verdict director, because it was based upon an erroneous standard of care and allowed the jury to assess liability on improper grounds. Specifically, Appellants contend Instruction Number 6 was incorrectly based upon the requirements of 7 C.S.R. 10-2.010, the oversized vehicle permit, rather than section 304.170.1¹, the statute prohibiting the operation of vehicles more than 8 feet in width.

"In reviewing the submissiblity of an instruction, an appellate court views the evidence and reasonable inferences in the light most favorable to the...