Watt v. United States

• Decision Date: 13 September 1954
• Docket Number: No. B-224.,B-224.
• Citation: 123 F. Supp. 906
• Parties: James T. WATT, Administrator, Plaintiff, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — Eastern District of Arkansas

123 F. Supp. 906

James T. WATT, Administrator, Plaintiff, v. UNITED STATES of America, Defendant.

No. B-224.

United States District Court E. D. Arkansas, N. D.

September 13, 1954.

COPYRIGHT MATERIAL OMITTED

Kaneaster Hodges, Newport, Ark., Paul B. Young, Pine Bluff, Ark., for plaintiff.

Gerland P. Patten, Little Rock, Ark., for defendant.

LEMLEY, District Judge.

This cause having been tried to the Court, and the Court being well and sufficiently advised doth make and file herein the following Findings of Fact, Conclusions of Law and Comment thereon, to-wit:

Findings of Fact

1. This is a suit against the United States which had been brought by the plaintiff, James T. Watt, as administrator of the estates of his father, G. C. Watt, and of his mother, Nennie McDougal Watt, both deceased, under the provisions of the Federal Tort Claims Act of 1946 as carried forward into Title 28 of the United States Code. 28 U.S.C.A. §§ 1346(b) and 2674.¹ Plaintiff seeks to recover damages for the deaths of his parents which occurred as a result of a collision between the DeSoto automobile in which they were riding and a truck assigned to Company "I", 153d Infantry, Arkansas National Guard, which collision took place on Arkansas State Highway No. 14 at a point on the bridge over Cache River between Jonesboro and Newport, Arkansas. The truck was being driven at the time of the accident by Sergeant First Class Jerry G. Reedy who was the unit administrative assistant of Company "I" above mentioned; the Watt automobile was being driven by Mr. G. C. Watt but was the property of Mrs. Watt. As a result of the collision Mrs. Watt was almost instantaneously killed, and Mr. Watt received injuries from which he died a few days later. It is the theory of the plaintiff that the accident was proximately caused by the negligence of Sgt. Reedy, that at the time of the accident he was a federal employee acting within the scope of his employment, and that the Government is liable for the damages claimed to have been sustained by the estates and next of kin of the two decedents. The defendant denies that Sgt. Reedy was a federal employee, denies that he was acting within the scope of his employment if he was in fact such an employee, and denies that he was negligent. Affirmatively, it contends that Mr. Watt was guilty of contributory negligence, and, further, that such alleged contributory negligence on his part was imputed to his wife so as to bar her estate and next of kin, as well as his, from any recovery herein.

2. At the time of the accident Sgt. Reedy was driving the truck from the armory at Jonesboro to the headquarters of the United States Property & Disbursing Officer (USP & DO) at Little Rock for the purpose of turning over to the latter certain clothing formerly issued to Company "I" and for the further purpose of drawing additional supplies and equipment for the use of said unit. He was accompanied on the trip by Sergeant First Class Reuben F. Taylor who was the unit caretaker for said National Guard unit. When the accident occurred, Mr. and Mrs. Watt were returning to their home in Tennessee after having visited Mrs. Watt's brother, who resides in Newport.

3. The bridge where the accident occurred runs east and west across Cache River; it was 900 feet long and 21 feet wide, and while it was not a one-way bridge, it was extremely narrow, and in order for two vehicles to meet on it and pass in safety proper care had to be exercised by both drivers. The flooring and railings of the bridge were of wood, and the planking of the floor ran lengthwise parallel to the railings. On the day of the accident it was raining, and the bridge surface was quite slick, a condition which materially increased the likelihood of accident. The dangerous nature of the bridge had been recognized by the Arkansas State Highway Department, as is evidenced by the fact that "Slow" and "Narrow Bridge" signs had been erected on the approaches at both ends, and the ends of the railings had been painted with diagonal lines indicating danger. Both Sgt. Reedy and Sgt. Taylor had made the round trip between Jonesboro and Little Rock many times; both were thoroughly familiar with the bridge, and both knew that it presented a hazard, particularly when wet and slick.

A motorist proceeding toward Little Rock from the east approaches this bridge around a gentle curve, and when he is yet a substantial distance east of the bridge, he obtains an unobstructed view for its entire length; conversely, a motorist approaching from the west has a similar unobstructed view for the entire length of the bridge. As indicated, the warning signs at each end of the bridge were identical.

4. Prior to reaching the bridge Reedy and Taylor had been driving about 35 or 40 miles per hours, and as the truck rounded the curve leading to the bridge it was going about 35 miles per hour; said truck was a rather large and a very heavy vehicle. According to the testimony of both Reedy and Taylor, which we credit, they first saw the Watt automobile approaching when they were 150 or 200 feet east of the bridge; said vehicle was traveling about 40 or 45 miles per hour and was being driven down the middle of the structure; although it was on the bridge, it had not reached the center thereof when first observed by Reedy and Taylor.

When Reedy saw the Watt car approaching, he made no effort to stop his truck so as to allow Mr. Watt to clear the bridge; nor did he reduce its speed to an extent sufficient to bring it under immediate control. He did reduce speed somewhat and entered the bridge at a speed of from 10 to 20 miles per hour, expecting Mr. Watt to pull over to the right so that the vehicles would clear. He admitted, however, that when he entered the bridge, Mr. Watt had not slowed down and had made no move to get over on his own side of the roadway. Almost immediately upon entering the bridge Reedy sensed danger, and applied his brakes, which action threw the truck into a skid to the left; said vehicle crossed the center line of the bridge and struck the south railing, skidding along it for some distance; thereafter, the vehicle moved back toward the middle of the bridge, and the impact occurred near the center thereof. After the collision the Watt car was on its own side of the road, but whether Mr. Watt had pulled over to that side prior to the impact or whether the car was carried there by the force of the collision is not altogether clear since Reedy and Taylor, the only surviving eye-witnesses, testified that when they began to skid, they devoted all of their attention to the truck and did not see what Mr. Watt did.

5. As stated, Sgt. Reedy was the unit administrative assistant of the National Guard unit which has been mentioned; as such he was an employee of the United States. We find, however, that at the time of the accident he was not acting within the scope of his employment as such federal employee since his duties as unit administrative assistant did not include the operation of motor vehicles in connection with transporting property to and from Jonesboro; his duties, according to the evidence, were prescribed by regulations, were primarily clerical in nature, and were limited to tasks to be performed in and around the armory at Jonesboro. The duty of driving the truck between Jonesboro and Little Rock was one of the duties of Sgt. Taylor as unit caretaker, and, as has been said, the latter, while present, was not driving.

6. While the preceding finding is of itself fatal to the claims of the plaintiff, we further find, for purposes of the record, that Sgt. Reedy was guilty of negligence which was a proximate cause of the accident and of the deaths of the plaintiff's decedents. As we view the situation, Reedy was confronted with a potentially dangerous situation while he was yet a considerable distance from the bridge; looking down this bridge, which he knew was narrow and dangerous, particularly under the conditions then existing, he saw a driver approaching at what was under the circumstances a dangerous rate of speed and driving in the middle of the road. Under such circumstances, we think that ordinary care required Sgt. Reedy to either stop the truck before entering the bridge so as to allow Mr. Watt to clear it, or to so reduce the speed of the vehicle as to bring it under immediate control and at the same time afford Mr. Watt the maximum opportunity to get back on his own side of the center line. Sgt. Reedy pursued neither course, however; while he slackened his speed somewhat, he was still going at such a pace that when he undertook to apply his brakes, the truck went into a skid from which he was unable to extricate it in time to avoid the collision. This negligence on his part continued as an active and efficient force until the accident occurred, and it directly and proximately contributed to said accident.

7. On the other hand, we further find that Mr. Watt was also guilty of negligence which was a proximate cause of the accident, his negligence consisting of his entering the bridge at a speed which was excessive under the circumstances then and there existing, in driving his car down the middle of the bridge at practically the same rate of speed, and in failing to have the vehicle under such reasonable control as would enable him to check its speed or to stop it absolutely if necessary to avoid the impending danger.

Much that has been said concerning the negligence of Sgt. Reedy can also be said with respect to the contributory negligence of Mr. Watt. The dangerous condition of the bridge was apparent to anyone of reasonable prudence, and on approaching the bridge from the west Mr. Watt was, as heretofore pointed out, confronted with warning signs identical to those visible to Sgt. Reedy; and, of course, Mr. Watt could have seen Sgt. Reedy's truck approaching from the time it rounded the curve, just as Reedy saw the Watt car approaching. Notwithstanding the...