Wright v. Newman
| Decision Date | 14 May 1982 |
| Docket Number | Civ. No. 81-5049. |
| Citation | 539 F. Supp. 1331 |
| Parties | Carol Rae WRIGHT; et al., Plaintiffs, v. Daniel Paul NEWMAN; et al., Defendants. |
| Court | U.S. District Court — Western District of Arkansas |
COPYRIGHT MATERIAL OMITTED
Frank J. Huckaba, Poynter, Huckaba & Gearhart, Mountain Home, Ark., for plaintiffs.
Lewis D. Jones, Jones & Segers, Fayetteville, Ark., for GMAC.
Griffin Smith, Smith & Nixon, Little Rock, Ark., for Ford Motor Credit Co.
Thad McCanse, Flanigan & McCanse, Carthage, Mo., for Scheall Driveaway.
W. W. Bassett, Jr., Bassett, Bassett & Bassett, Fayetteville, Ark., for Phil Long Ford, Inc.
Raymond E. Whiteaker, Woolsey, Fisher, Whiteaker, McDonald & Ansley, Springfield, Mo., for American Auto Shippers, Inc.
Paul D. Cowing, Linde, Thomson, Fairchild, Langworthy, Kohn & Van Dyke, Kansas City, Mo., Lynn Wade, McAllister & Wade, Fayetteville, Ark., for Daniel Paul Newman.
Roy Gene Sanders, Matthews & Sanders, Little Rock, Ark., for Daniel Paul Newman and Scheall Driveaway.
This case arises under 28 U.S.C. § 1332 out of a fatal automobile accident between certain Arkansas residents and Daniel Newman, which occurred in Missouri. Plaintiffs alleged that the driver of the other vehicle, Newman, was an agent or employee of the other defendants, and that certain negligent acts and omissions precipitating the collision occurred in Arkansas, by virtue of which, applying respondeat superior, the other defendants are allegedly liable.
Defendants Newman, Scheall Driveaway and American Auto Transporters have attacked the jurisdiction of this Court. Defendants Ford Motor Credit Company, General Motors Acceptance Corporation, and Phil Long Ford, Inc. have moved for summary judgment, primarily on the agency issue.
All parties have timely responded and the issues are ripe for review by the Court.
For the reasons developed herein, the Court concludes that defendants Ford Motor Credit Company, General Motors Acceptance Corporation, and Phil Long Ford, Inc. are entitled to judgment on their motions. The Arkansas plaintiffs will be allowed to proceed against defendants Newman, Scheall Driveaway, and American Auto Shippers, Inc.
1. Plaintiffs Carol Rae Wright, Bonnie Lynn Wright, and the Estate of Tina Marie Wright, deceased, by the personal representative, Patricia Wright, are residents and citizens of the State of Arkansas. Plaintiff Theodore F. Wright was at all times pertinent hereto, a citizen and resident of the State of Missouri.
2. The defendant, Daniel Paul Newman is a resident and citizen of the State of Wyoming. The defendant, Scheall Driveaway of Lakewood, Colorado, is an unincorporated business concern, wholly owned by Mr. John Scheall, a citizen and resident of the State of Colorado. The defendant, Scheall Driveaway of Scottsdale, Arizona is an unincorporated business concern, wholly owned by Mrs. Bonnie Scheall, a citizen and resident of the State of Arizona. At all times pertinent hereto, Scheall Driveaway of Lakewood, Colorado, and Scheall Driveaway of Scottsdale, Arizona, were engaged in a contractual agency relationship with defendant American Auto Shippers, Inc., a corporation organized under the laws of the State of New York, with its principle place of business located in a state other than the State of Arkansas. The defendant, Phil Long Ford, Inc., is a corporation organized under the laws of the State of Colorado, with its principle place of business located in the State of Colorado. The defendant, Ford Motor Credit Company is a corporation organized under the laws of the State of Delaware, with its principle place of business located in a state other than the State of Arkansas. The defendant, General Motors Acceptance Corporation, is a corporation organized under the laws of the State of New York, with its principle place of business located in a state other than the State of Arkansas.
3. The matter in controversy exceeds the sum of $10,000.00, exclusive of interest and costs.
4. Plaintiffs allege that on March 4, 1980, the plaintiff, Bonnie Lynn Wright was driving a vehicle owned by plaintiff, Theodore Wright, with plaintiffs Carol Wright and Tina Wright as passengers, in a southerly direction on U. S. Highway No. 71 in Missouri. Plaintiffs allege that defendant Daniel Newman, acting as the agent, servant and employee of the other defendants, was, at that time and place, proceeding in a northerly direction. Plaintiffs allege that a vehicle being towed by defendant Newman broke loose and collided with plaintiffs' vehicle, killing Tina Wright, demolishing plaintiffs' vehicle, and injuring some of the other plaintiffs.
5. Plaintiffs allege that defendant Newman negligently performed certain acts in the State of Arkansas with respect to the hooking up of the vehicle driven by him and the vehicle being towed. Plaintiffs allege that these negligent acts and omissions contributed to the fatal accident. Plaintiffs further allege that the defendants other than defendant Newman negligently selected defendant Newman and committed other affirmative acts of negligence.
6. The Court finds that Colorado is the state with the most significant relationship to the Newman(Scheall)/Ford relationship, in nature of contacts, quantity of contacts, and interest. The Court finds that the Newman(Scheall)/Ford relationship was entered in the State of Colorado and was to be performed in the State of Colorado.
7. The Court finds that defendants Newman and/or Scheall were independent contractors with respect to defendant Ford Motor Credit Company. The evidence is not such that there is the slightest doubt that a genuine issue of fact is not present on this point.
8. The Court similarly finds that Arizona is the state with the most significant relationship to the Newman(Scheall)/GMAC relationship, in nature of contacts, quantity of contacts, and interest. The Court also finds that the Newman(Scheall)/GMAC relationship was entered in the State of Arizona and was to be performed in the State of Arizona.
9. The Court finds that defendants Newman and/or Scheall were independent contractors with respect to defendant GMAC. The evidence is not such that there is the slightest doubt that a genuine issue of fact is not present on this point.
10. The Court finds that there is no genuine factual issue present with respect to any affirmative acts of negligence of either defendant Ford or defendant GMAC. Both defendants had satisfactorily utilized defendant Scheall Driveaway on numerous instances without incident.
11. The defendant, Phil Long Ford, Inc., has no connection with this matter. Phil Long Ford was merely the destination point of the pickup truck driven by Newman. The evidence with respect to defendant Phil Long Ford, Inc. is undisputed and plaintiffs no longer desire to pursue any claim against it.
12. Several acts and omissions of defendant Newman occurred in the State of Arkansas. The plaintiffs' claim for relief arguably arose from these acts and omissions. Arkansas' "long arm" statute, Ark. Stat.Ann. § 27-2502C(1)(c) is applicable to the facts of the instant case.
13. The relationship of defendant Newman to Scheall Driveaway is not so clear that the Court is at liberty to decide its nature. This relationship is a genuine issue of material fact to be decided by the trier of fact.
14. Similarly, the relationship of defendant Scheall Driveaway to defendant American Auto Shippers, Inc. is a legitimate matter for the trier of fact. This relationship presents a genuine factual issue material to the instant case.
15. The Court finds that plaintiffs have presented a prima facie showing of jurisdictional facts with respect to defendants Newman, Scheall Driveaway, and American Auto Shippers, Inc.
The plaintiffs, Carol Rae Wright, Bonnie Lynn Wright, the Estate of Tina Marie Wright, deceased, by the personal representative, Patricia Wright, and Theodore F. Wright instituted this action against the defendants, Daniel Paul Newman, Scheall Driveaway, American Auto Shippers, Inc., Phil Long Ford, Inc., General Motors Acceptance Corporation, and Ford Motor Credit, on April 29, 1981.
Plaintiffs alleged that on March 4, 1980, the plaintiff, Bonnie Lynn Wright, was driving a 1977 Buick Skyhawk owned by the plaintiff, Theodore F. Wright, in a southerly direction on U. S. Highway 71, in Missouri. Plaintiffs Carol Rae Wright and Tina Marie Wright were passengers in the vehicle.
At that time, the plaintiffs allege that the defendant, Daniel Paul Newman, while acting as the agent, servant and employee of defendants Scheall Driveaway, American Auto Shippers, Inc., Phil Long Ford, Inc., General Motors Acceptance Corporation (hereinafter "GMAC"), and Ford Motor Credit Company (hereinafter "Ford"), was driving a 1978 Ford pickup truck in a northerly direction on U. S. Highway 71, towing a 1977 Pontiac Firebird.
Plaintiffs alleged that the Pontiac Firebird broke loose from the pickup truck, crossed the center line, and crashed head-on into plaintiff's vehicle.
Tina Marie Wright was killed, the other occupants of plaintiffs' automobile were injured, and their vehicle was totally demolished.
Plaintiffs alleged that defendant Newman was negligent, careless, and reckless in failing to keep a proper lookout, in failing to keep the towed vehicle under proper control, in driving at a speed greater than reasonable and prudent, in failing to allow plaintiffs' vehicle one-half of the traveled roadway, in failing to yield the right of way, in violating Motor Carrier Safety Regulations, in using an unsafe and inadequate tow bar assembly, and in failing to use safety chains.
Plaintiffs alleged that the negligent acts of defendant Newman are imputable to the other defendants by virtue of agency principles and respondeat superior, and further that the other defendants were directly at fault in permitting their vehicles to be...
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