Summary
noting that issues of negligence, contributory negligence, and proximate cause are ordinarily issues to be decided by fact finder
Summary of this case from Ferguson v. Nat'l Freight Inc.Opinion
44527 Record No. 810262. Record No. 810233.
September 9, 1983.
Present: All the Justices.
Trial Court erred in granting parties' motions to strike in motor vehicle negligence case when reasonable minds could differ on disputed issues of fact.
(1) Motor Vehicles Pleading and Practice — Motion to Strike — Evidence — Negligence — Contributory Negligence — Proximate Cause — Disputed Issues of Fact are Jury Questions.
(2) Motor Vehicles — Pleading and Practice — Motion to Strike — Evidence — Reasonable Doubt as to Sufficiency of Evidence Must Be Resolved in Favor of Party Opposing Motion.
(3) Motor Vehicles — Negligence — Statutory Construction — Rules of the Road — Following Too Closely [Code Sec. 46.1-213(a)] — Distance — Based on What is Reasonable Under Circumstances.
(4) Motor Vehicles — Negligence — Rules of the Road — Control of Vehicle — Driver's Duty to Use Reasonable Care.
(5) Motor Vehicles — Pleading and Practice — Motion to Strike — Evidence — Negligence — Contributory Negligence — Disputed Issues of Fact Improper Basis for Motion to Strike.
Both parties in these cases sustained injuries in a two-vehicle collision in Franklin County in which Meeks' truck veered off the highway to the right and then crossed perpendicularly in front of Hodges' car, causing Hodges to collide with Meeks. Meeks claimed at trial that Hodges was negligent in failing to maintain an adequate following distance. Hodges counterclaimed that Meeks' negligent loss of control of his truck proximately caused the accident. Each party moved to strike the other's evidence. The Trial Court sustained both motions, holding as a matter of law that neither party was negligent because of a broken leaf spring on Meek's vehicle and because Hodges operated his vehicle at a reasonable distance behind the Meek's vehicle. Both parties appeal on the issue whether the Trial Court erred in failing to submit both cases to the Jury.
1. Negligence, contributory negligence, and proximate cause are issues to be decided by a Jury unless reasonable minds could not differ in evaluating the evidence.
2. On a motion to strike the plaintiff's evidence, the Trial Court must resolve any reasonable doubt as to the sufficiency of the evidence in favor of the plaintiff.
3. A driver of a motor vehicle has the right to follow another vehicle as closely as is reasonable and prudent under the circumstances. [Code Sec. 46.1-21 3(a)]. Clifton v. Gregory, 212 Va, 859, 188 S.E.2d 203 (1972), followed.
4. A driver of a motor vehicle has the duty to use reasonable care to control his vehicle.
5. Where, as here, reasonable minds could differ in determining whether the parties exercised reasonable care in operating their motor vehicles, the Trial Court acts improperly in failing to submit these issues to the Jury.
Appeal from a judgment of the Circuit Court of Franklin County. Hon. Beverly A. Davis, III, judge presiding.
Reversed and remanded.
Ralph B. Rhodes (Hutcherson Rhodes, on brief), for appellant. (Record No. 810262.)
James R. Austin (William O. Tune, Jr.; Harry F. Hambrick, Jr.; Michaux Raines, III; Gentry, Locke, Rakes Moore; Davis, Davis, Raine, Davis Welch, on brief), for appellee. (Record No. 810262.)
Michaux Raines, III (William O. Tune, Jr.; Harry F. Hambrick, Jr.; Gentry, Locke, Rakes Moore, on brief), for appellant. (Record No. 810233.)
David A. Furrox (Ralph B. Rhodes; Hutcherson Rhodes, on brief), for appellee. (Record No. 810233.)
This litigation arises out of a two-vehicle accident occurring in Franklin County. Gary Meeks sued John Edward Hodges for injuries caused by Hodges' negligent operation of an automobile. Hodges counterclaimed, asserting his injuries were proximately caused by Meeks' negligence. Although a jury was impaneled, the trial court struck the evidence of each party, holding as a matter of law that neither party was negligent. The principal issue on appeal is whether the trial court erred in failing to submit each claimant's case to the jury.
Hodges also assigned error to the admission of expert testimony regarding a broken spring. We find this assignment meritless. The evidence was not speculative, as argued by Hodges, but was relevant and probative. Its weight was for the jury's determination. See Martin v. Penn, 204 Va. 822, 826, 134 S.E.2d 305, 307 (1964).
The highway at the scene of the accident was "[b]asically straight and level." The paved portion was 19 feet wide. The speed limit was 55 miles per hour and the road was dry. Conflicting evidence was presented concerning holes in the road east of where the accident occurred. Meeks, driving a pickup truck, and Hodges, operating an automobile, were both proceeding westbound. The vehicles were traveling at essentially the same speed, between 40 and 50 miles an hour, with Hodges approximately 40 feet behind Meeks.
The Meeks truck, without giving any signal or warning, suddenly ran off the pavement to the right and traveled along the right-hand shoulder for approximately 90 feet. It then turned abruptly to its left, crossing the highway perpendicularly.
Upon seeing Meeks leave the pavement, Hodges removed his foot from the accelerator and veered slightly to his left. He applied his brakes when he saw the Meeks truck coming across the highway. His vehicle slid to the left, leaving skid marks of 130 feet before colliding with Meeks in the eastbound lane. The right side of Hodges' car struck the left side of Meeks' truck. The car came to rest on its top and the truck on its right side. Meeks received a concussion and had no recollection of the accident or the events immediately preceding. His only passenger also was unable to explain why the truck left the pavement and later swerved left across the road.
The next day, a broken left-front leaf spring was discovered on the Meeks truck. An experienced automobile mechanic examined the spring three to four months after the accident. Although he was unable to determine how or when it was broken, he opined from the presence of rust it was an old break, reasoning that a new break would be "shiny." He related that a driver could operate a vehicle without knowledge of the broken spring. However, upon striking a hole, traveling over an uneven area, or applying brakes forcefully, the broken spring probably would cause the vehicle to "shimmy" and become uncontrollable.
Meeks contends Hodges followed the truck more closely than was reasonable and prudent under the circumstances and this negligence proximately caused the accident. Hodges argues his following distance was reasonable as a matter of law and further contends the accident was a result of Meeks' failure to use ordinary care to keep his vehicle under proper control. Meeks responds that the evidence conclusively shows a mechanical defect caused his vehicle to go out of control.
The trial court held as a matter of law that neither party was guilty of negligence because "the broken spring leaf [sic] caused the [Meeks truck] to go out of control" and "Hodges operated his vehicle at a reasonable distance behind the Meeks's vehicle." We conclude these rulings were erroneous.
[1-2] Negligence, contributory negligence, and proximate cause are ordinarily issues for a jury's determination. They are decided by a court only when reasonable minds could not differ. Riley v. Harris, 211 Va. 359, 362, 177 S.E.2d 630, 633 (1970). When the sufficiency of a plaintiff's evidence is challenged by a motion to strike, the trial court must view the evidence and all reasonable inferences drawn therefrom in the light most favorable to the plaintiff and resolve any reasonable doubt as to its sufficiency in his favor. Semones v. Johnson, 217 Va. 293, 295, 227 S.E.2d 731, 733 (1976).
[3-4] In construing Code Sec. 46.1-213(a), we held that a driver has "the right to follow another vehicle as closely as is reasonable and prudent under the circumstances." Clifton v. Gregory, 212 Va. 859, 862, 188 S.E.2d 203, 206 (1972). Additionally, the driver of a vehicle has a duty to use ordinary care to keep his vehicle under proper control. Voight v. Reber, 187 Va. 157, 164, 46 S.E.2d 15, 19 (1948); Code Sec. 46.1-190(a).
There was evidence that Hodges, while traveling 40 to 50 miles per hour, was following Meeks at a distance of approximately 40 feet. We hold that reasonable minds could differ in determining whether Hodges was following more closely than was reasonable and prudent under the circumstances. See Clifton, 212 Va. at 862, 188 S.E.2d at 206. We also are of opinion that fair-minded persons could differ as to whether Meeks failed to use ordinary care to keep his vehicle under proper control, or, on the other hand, whether his loss of control was caused by an unknown mechanical defect.
Because the trial court erred in failing to submit these issues to the jury, we will reverse the judgment of the trial court and remand the case for a new trial consistent with the views expressed herein.
Reversed and remanded.