Wiese v. Hoffman

Decision Date17 December 1957
Docket NumberNo. 49339,49339
Citation249 Iowa 416,86 N.W.2d 861
PartiesWilmer WIESE, as Administrator of the Estate of LaGene Crampton, Deceased, Appellee, v. Peter HOFFMAN, Defendant, and Kenneth Walters and William Walters, Appellants.
CourtIowa Supreme Court

L. V. Gilchrist, Denison, for appellants.

Edward S. White, Carroll, for appellee.

PETERSON, Justice.

LaGene Crampton, a seventeen year old high school junior, lived with her parents in Vail. On March 17, 1955, she had a date with Raphael F. Hoffman, a young man eighteen years of age, to go to a dance at Carroll that evening. They made arrangements with another young couple, Dewayne McCullough and Carol Bauer to accompany them, Raphael came to the Crampton home about 7:30 to get LaGene, driving his father's Mercury car. The car was driven with the consent of his father Peter Hoffman, defendant. Dewayne and Carol were already in the back seat. They drove east toward Carroll on Highway 30. The road was icy.

When they were about six miles west of Carroll, Raphael saw another car in front of him, also proceeding east. This car was driven by Earl Stribe. As they were about to drive up a hill Raphael noticed Mr. Stribe signaling for a left turn. Raphael quickly applied his brakes, and because of the icy condition of the road his car suddenly veered to the north and stopped across the north lane of travel. Shortly thereafter, Kenneth Walters, driving west, came over the crest of a hill approximately three hundred feet away. He was driving the Ford car of his father, William Walters. He struck the right side of the Hoffman car, near the center, with such force that his left front wheel ran into the front seat of the car where LaGene was seated. She was thrown across the seat and partly out of the door on the other side of the car, and was killed instantly. Raphael was dazed to the extent that he was never able to remember what happened after the car swung around to the north.

William Wiese, LaGene's uncle, was appointed administrator of her estate, on her mother's petition. This action was started against Peter Hoffman as the owner of the Mercury car, Kenneth Walters as driver of the Ford car, and William Walters as owner. At the close of the testimony, on motion for directed verdict, the trial court dismissed the case as to Peter Hoffman. No appeal was taken by plaintiff as to this dismissal. Defendants, Kenneth and William Walters filed motion to direct verdict at the close of plaintiff's testimony and also at the close of all testimony. These motions were overruled. The jury returned a verdict for plaintiff in the amount of $10,000. Defendants, Kenneth and William Walters filed motion for judgment notwithstanding the verdict, and for new trial, both of which were overruled. They have appealed.

While appellants assign twenty-one alleged errors, they can all be considered under three general statements. 1. Evidence as to negligence was not sufficient to justify submission to the jury 2. There was not sufficient evidence to sustain the verdict. 3. The jury was guilty of such misconduct that the trial court should have granted a new trial.

I. Plaintiff in substance alleged as grounds of negligence: Failure to maintain proper lookout; failure to have car under control and to reduce speed to safe and proper rate when approaching crest of hill on icy pavement; driving car at speed greater than would permit defendant to stop within assured clear distance.

There were only two eye witnesses who testified. Carol Bauer for plaintiff and Kenneth Walters, defendant. There were three other witnesses for plaintiff, and four for defendants as to the accident, but they arrived after the collision, and their testimony is only circumstantial.

After preliminary testimony with reference to the four young people starting on their trip, Carol Bauer testified that after driving east a few miles, there was a car close ahead which turned on its blinkers for a left turn. Hoffman put on the brakes and his car swerved and faced north, blocking the north half of the pavement. She then said: 'As soon as the car came to a stop I looked toward the east and I didn't see anything coming, and then I looked back towards the north, and I looked back towards the east and saw these headlights, they looked like they were real small, like they were far away. LaGene said 'Look out,' that's when the car hit us, on the front right-hand side.'

Kenneth Walters testified: 'As I came west up the last hill I was driving about 35 to 40. The paving was very slippery. By that I mean it was icy. * * * After I past the Stribe car, all at once this other car just dodged right directly in my path. When I first saw it it was moving and I was right there on the spot, see. Just as soon as I met this Stribe car, I no more than got past it and this car was in my path. I don't recall what I did--don't know whether I put on my brakes or not. When I first saw it I don't think it was 10 feet from the front of my car. It was immediately in front of me. There was absolutely nothing I could do to avoid it. I don't know whether I put on the brakes. I was badly injured'.

The following witnesses testified on behalf of plaintiff. John Mahnke, a member of Iowa Highway Patrol, arrived at the scene a short time after the accident. He stated it was misting, and the road was icy. Neither the cars nor the body of LaGene had been moved. He identified the exhibit showing how the Walters' car crashed into the right side of the Hoffman car. He said the distance from the west end of the yellow line on the east side of the hill to the point of accident was 327 feet. There was a 57 foot break between the end of the yellow line and the top of the hill, which meant the distance from the crest of the hill to the point of accident was 270 feet. Walters was alone in his car. Mahnke opened the door, and detected a strong odor of beer. Leonard Hinze, Deputy Sheriff, arrived at the scene shortly after the accident. He also said the highway was icy. He identified several exhibits showing the location of the cars. Norman Piper was driving east on Highway 30. He had three other boys with him in his car. He saw two headlights and thought it was a car coming, but then saw it was stopped and that it was an accident. 'I applied my brakes. I noticed then it was icy'. The cars had not been moved and he described the position of the cars. He testified: 'I opened the Walter's door--I don't remember whether it was opened or if I opened it--but anyway I did smell beer. That I'll say in that car. Walters was sitting in the car. He was the only one in the car'.

The following witnesses testified on behalf of defendants. Richard W. Stebbins said he was one of the boys in the Piper car. His testimony was the same as that of Norman Piper, except he did not go to the Walters' car door. Mr. and Mrs. Earl Stribe were driving their car toward the east, and as they were approaching the Nohlts' farm near the bottom of the hill they signalled a left turn. They were going to stop to pick up Mrs. Nohlts. They testified about meeting a car coming down the hill, traveling probably forty miles per hour or maybe a little less. The headlights were dimmed. Immediately after they passed the car they heard a crash. Mr Stribe thought the car sideswiped his car. He stopped on top of the hill, and looking back, saw the wreck at the bottom of the hill. Mrs. Stribe said: 'I heard the crash. It was soon after our cars were abreast. * * * When we got out of the car it was icy, because we had to take hold of hands to cross the paving. * * * I do remember seeing this other car come over the hill from the east going west, and shortly after it passed us there was a crash'. Robert Sundrup, one of the boys in the Piper car started: 'I walked up to the accident. As I walked up there I walked on the pavement and it was icy'. Dr. Morrison stated Kenneth Walters was his patient, and he treated him at the hospital when brought in immediately after the accident. He gave him a blood test as to intoxication and according to the test Walters was not intoxicated.

In ruling upon motions for directed verdict the evidence must be considered in the light most favorable to plaintiff. We have said this in numerous cases. Knaus Truck Lines, Inc., v. Commercial Freight Lines, 238 Iowa 1356, 29 N.W.2d 204; Lawson v. Fordyce, 234 Iowa 632, 12 N.W.2d 301; In re Ransom's Estate, 244 Iowa 343, 57 N.W.2d 89.

All allegations of plaintiff as to negligence, except lookout, are based on Chapter 321, 1954 Code, I.C.A. Motor Vehicles and Law of Road. Section 321.285, provides: 'Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and of any other conditions then existing and no person shall drive any vehicle upon a highway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using said highway will observe the law'. Pertinent parts of Section 321.288 are: 'The person operating a motor vehicle * * * shall have the same under control and shall reduce the speed to a reasonable and proper rate: * * * when approaching * * * a steep descent, in a public highway'.

Lookout is based on common law and judicial precedent. The testimony in this case is such that the question of proper lookout by defendant was for the jury. Kenneth Walters came over the crest of the hill 270 feet from the place where the Hoffman car was stalled across the roadway. The jury could find the car was stalled before he reached the crest of the hill because of Carol Bauer's testimony. She saw no car when she first looked east. In connection with approaching the crest of the hill and descending therefrom, Walters testified: 'I say that when I came over the top of...

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  • Spry v. Lamont
    • United States
    • Iowa Supreme Court
    • January 12, 1965
    ...should have seen the object ahead, the question of 'assured clear distance' becomes one for the jury' (citations). Wiese v. Hoffman, 249 Iowa 416, 424, 86 N.W.2d 861, 866. See also in support of our conclusion in this division Pelter v. Spring, 242 Iowa 1117, 1119, 49 N.W.2d 478. As frequen......
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    ...It involves the care, watchfulness and attention of the ordinarily prudent person under the circumstances. Wiese v. Hoffman, 249 Iowa 416, 423, 86 N.W.2d 861, 865-866; Olson v. Truax, 250 Iowa 1040, 1048, 97 N.W.2d 900, 905; Kuehn v. Jenkins, 251 Iowa 718, 725-726, 100 N.W.2d 610, 614-615, ......
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