Warren v. Furniss

• Citation: 861 P.2d 1219,124 Idaho 554
• Decision Date: 09 July 1993
• Docket Number: No. 19789,19789
• Parties: Lacy Ann WARREN, Plaintiff-Respondent, v. John FURNISS and Wendy Furniss, individually, and as guardians of Malorie Furniss, a minor child, Defendants-Appellants.
• Court: Court of Appeals of Idaho

Page 1219

861 P.2d 1219

124 Idaho 554

Lacy Ann WARREN, Plaintiff-Respondent, v. John FURNISS and Wendy Furniss, individually, and as guardians of Malorie Furniss, a minor child, Defendants-Appellants.

No. 19789.

Court of Appeals of Idaho.

July 9, 1993.

Quane, Smith, Howard & Hull, Boise; Reed McClure, Seattle, WA, for defendants-appellants. Douglas J. Balfour and William R. Hickman argued.

Racine, Olson, Nye, Cooper & Budge; Pocatello, for plaintiff-respondent. Reed W. Larsen argued.

McKEE, Judge, pro tem.

Plaintiff Lacy Warren, a pedestrian, was struck in a controlled intersection by a vehicle driven by defendant Malorie Furniss. The vehicle belonged to the defendants John and Wendy Furniss, Malorie's parents. The facts of the accident were vigorously disputed at trial. Both sides claimed that the other entered the intersection against a red light. For the purposes of analysis here, it appears that the traffic signal may have been in the process of changing at the time of the occurrence. The traffic light for the motorist may have been changing from green to red, cycling through yellow as she approached or entered the intersection. It appears that the light may have been red for the pedestrian when she started to cross, perhaps turning green during her crossing.

The jury found both parties negligent and assigned 65% of the fault to the motorist, and 35% to the pedestrian plaintiff. The jury determined the total damages to be $175,000. Based upon the apportionment of fault, the court entered a judgment in plaintiff's favor and against all defendants for $113,750, which was later amended to add prejudgment interest under I.C. § 12-301 and costs.

The defendants have appealed, raising several issues for review. We have considered the positions urged by the parties with respect to all of those issues, and we conclude that reversible error occurred which requires that this case be remanded for a new trial. In explaining the basis for this conclusion, we deem it necessary to discuss only the issues which caused us to reach this conclusion and those upon which guidance for a new trial would be beneficial. Accordingly, for the reasons stated below, we vacate the judgment and remand this case for a new trial.

I. Erroneous Instructions

A. Non-Existent Statute

The trial judge instructed the jury that there was a statute in Idaho that required a motorist approaching the yellow light in a changing traffic signal to slow down, stop at the crosswalk or stop line, and yield the right of way to any vehicle or pedestrian in or approaching the intersection. There is no such statute in Idaho. The instruction further stated that if a collision occurred after a driver entered an intersection on the yellow light, the "statute" in Idaho would deem the collision to be prima facie evidence of the driver's failure to yield the right of way. The jury was finally instructed that a violation of this "statute" was negligence. The full instruction, as given to the jury, is as follows:

Instruction No. 14

There was in force in the state of Idaho at the time of the occurrence in question, a certain statute which provided that: The driver of any vehicle shall obey the instructions of any traffic control device placed or held on any street

The driver of a vehicle approaching a yellow light shall, in obedience to such light, slow down to a reasonable speed for existing conditions and if required for safety to stop, shall stop at a clearly marked stop line or before entering the crosswalk on or near the side of the intersection, or at the point nearest the intersecting highway, where the driver has a view of the approaching traffic on the intersection highway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle or pedestrian in the intersection or approaching on other highways so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of the highways. Provided, however, that if a driver is involved in a collision in the intersection or junction of the highways, after driving past the yellow light without stopping, the collision shall be deemed prima facie evidence of his or her failure to yield the right of way.

A violation of this statute is negligence.

With the exception of two critical substitutions, the substance of the instruction is a verbatim recitation of I.C. § 49-807(3), which pertains to stop signs and yield signs. The words "yellow light" were substituted in the instruction for the words "yield sign" as they appear in the statute. However, this statute pertains to yield signs, not steady yellow lights in changing traffic signals. Plaintiff explains that she offered the instruction as an amalgam drafted from I.C. § 49-801 (which requires drivers to obey traffic control signals), I.C. § 49-804 (which provides for the duties and sanctions involved in flashing signals) and I.C. § 49-807 (which provides for the duties and sanctions involved in stop signs and yield signs). The argument is not persuasive. The statutes identified by plaintiff do not connect, and the duties owed when approaching a yield sign or flashing yellow light have nothing to do with the duties owed when approaching a steady yellow light in a changing three-way traffic signal. The only statute bearing upon a steady yellow light in a changing traffic signal is I.C. § 49-802(2), which merely provides that the steady yellow light constitutes a caution message to approaching motorists that the traffic signal is about to turn red.

The instruction misstates the law in several material respects. While an approaching motorist should exercise caution, there is no obligation for a motorist stop merely upon the appearance of a steady yellow light in a changing traffic signal. The law prohibits entering a controlled intersection against a red light, but there is no statutory prohibition against entering an intersection against a yellow light. If a motorist can safely enter the intersection before the light changes to red, it is not a violation of the law to do so. Since the traffic signal for crossing traffic is still red, a motorist is not required to yield the right-of-way on the appearance of the steady yellow light. For the same reason, it is not prima facie evidence of a failure to yield the right-of-way if a collision occurs in an intersection where the driver has passed a yellow light. To the contrary, if this was the only evidence, it would indicate that the crossing driver or pedestrian wrongfully had entered the intersection against a red light.

The instruction as given was clearly erroneous; consequently, we must vacate the judgment and remand this case for a new trial without the use of the instruction as given.

B. Equality of Rights Instruction

The appellants next contend that instruction number 23 was prejudicial and erroneous. The instruction given to the jury reads as follows:

The court instructs the jury that neither a pedestrian nor an automobile has a superior right to any part of the public roadway. Each with respect to the other in the use of the roadway is entitled to equality of right, the duties of each a reciprocal; however, while the duty of exercising reasonable care for their own safety and the safety of others is imposed alike on both the pedestrian and the driver, the automobile being a dangerous instrumentality, capable of inflicting fatal injuries, the comparative safety of its driver in case of collision with a pedestrian is to be taken into consideration in measuring the duty of a driver. Therefore, while the rights of a pedestrian and driver of an automobile to use a roadway are equal, and their duties to each other are reciprocal, the one having the greater power to do injury owes to the other a comparatively greater duty to exercise care in the use of that power.

The instruction is taken directly from Jones v. Mikesh, 60 Idaho 680, at 686, 95 P.2d 575, at 578 (1939). However, the Mikesh case was decided at a time when the defense of contributory negligence was a complete bar to a plaintiff's recovery. The concept of comparative negligence came much later. Further, when Mikesh was written, instructions containing fine distinctions on the law were accepted practice. Modern thought considers these fine-line distinctions to be unnecessary. The Supreme Court has commented several times in recent years that "in all but the most intricate negligence cases, the general definition of negligence sufficiently outlines the required standard of care." McPheters v. Peterson, 108 Idaho 107, 697 P.2d 447 (1985); see, also Mills v. Hunt Bros. Construction, 96 Idaho 563, 532 P.2d 568 (1975); Messmer v. Ker, 96 Idaho 75, 524 P.2d 536 (1974). So here. The general definition of negligence, coupled with the specific statutory duties applicable to the case, should be sufficient.

To go further may be inappropriate, but not necessarily error. However, if the extra instructions unduly emphasize one view over another, or become argumentative, or lead into comment upon the evidence, the excess may constitute reversible error. The critical concern is whether or not the instructions mislead the jury or prejudice either party. Watson v. Navistar Int'l Transp. Corp., 121 Idaho 643, 827 P.2d 656 (1992). Here, the instruction contains reference to an automobile as a "dangerous instrumentality," capable of inflicting "fatal injuries," with the driver maintained in "comparative safety." None of these references have anything to do with the facts of the instant case, or with any theory offered by the plaintiff. The references do constitute comments upon evidence, which is exacerbated because evidence--at least of fatal injuries--did not exist. We conclude that the overall impact thereby pushes this instruction into the category of the prejudicial and inflammatory.

C. Sunlight Instruction

The appellants claim error in the giving of...