Avery v. Harms Implement Co.

270 N.W.2d 646, 1978 Iowa Sup. LEXIS 1000
CourtSupreme Court of Iowa
DecidedOctober 18, 1978
Docket58087
StatusPublished
Cited by16 cases

This text of 270 N.W.2d 646 (Avery v. Harms Implement Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Avery v. Harms Implement Co., 270 N.W.2d 646, 1978 Iowa Sup. LEXIS 1000 (iowa 1978).

Opinions

LeGRAND, Justice.

The accident giving rise to this litigation occurred when a tractor being driven by George Munden along a public highway was struck from the rear by an automobile owned and driven by Myrtle M. Roberts. George Munden sustained serious injuries, both physical and mental. He brought suit for his damages. His wife, Frances, joined as a plaintiff for loss of consortium. While the suit was pending, a conservator was appointed for George Munden and was substituted for him as plaintiff. For convenience we refer to both plaintiffs as Mun-den. Trial to a jury resulted in verdicts for the defendants and this appeal followed. We reverse and remand for a new trial.

Before discussing the issues, we first describe the involved procedural processes by which this appeal reaches us.

The petition as originally filed by Mun-den was against Myrtle M. Roberts, the owner and driver of the vehicle which struck the tractor. Later the petition was amended to include Russell Christiansen (George Munden’s employer) and Harms Implement Company (seller of the tractor) as additional defendants. Another amendment sought unsuccessfully to bring in as a defendant International Harvester Company, the manufacturer of the tractor.

By a series of counterclaims and cross-petitions, General Electric Corp., Stewart-Warner Corp., and International Harvester Company were brought into the case on various claims for contribution and indemnity. Since Harms was successful in defending against Munden’s claim, the contribution and indemnity questions never materialized. We therefore need not consider them further.

Immediately prior to trial, Munden settled with both Myrtle Roberts and Russell Christiansen, Mrs. Roberts, in turn, settled her counterclaim against Munden and her cross-petition against Christiansen. The case went to trial on the claims of Munden and Mrs. Roberts against Harms Implement Company. The jury rejected all claims. Mrs. Roberts has not appealed, and this case is here solely on Munden’s appeal.

Although most of the issues involve Mun-den’s claim against Harms Implement Co., there is one separate matter between Mun-den and International Harvester Company. Munden challenges the trial court’s dismissal of his action against that party. The trial court ruled the amendment by which a claim was first asserted against International Harvester Company was not filed within the two-year statute of limitations. See § 614.1(2), The Code. This is discussed later.

We consider first Munden’s appeal against Harms Implement Company, which raises these four issues:

1. Error in permitting third-party stipulations during trial over Munden’s objections.
2. Jury misconduct in considering matters outside the record.
3. Refusal to permit cross-examination of one of defendant’s principal witnesses.
4. Error in Instructions.

I. We take up first the issue we believe to be dispositive of the case — the assertion Munden was denied the right to full cross-examination of the witness Jack Harms, president of Harms Implement [649]*649Company. We agree with Munden, and we believe the trial court committed reversible error in restricting cross-examination of this witness.

It became increasingly apparent as this case developed, both before and during trial, that the outcome turned on the condition and operation of the rear lights on the tractor. There is no doubt all the parties realized this and tried the case accordingly.

One of the principal witnesses for Harms Implement Company was its president, Jack Harms. There was considerable evidence the tractor lights had been malfunctioning several weeks before the accident. Chris-tiansen (the owner of the tractor) had purchased a new light switch from Harms Implement Company and had tried unsuccessfully to install it. At his request, Harms Implement Company sent an employee named Tom Hegel to the Christiansen farm to repair the lights. After the accident, the question of what repairs had been made and how the lighting system was operating became of paramount importance.

During cross-examination of Mr. Harms concerning these matters, a number of objections were sustained on the ground the questions went- beyond the scope of direct examination. Some objections were also sustained on the grounds of relevancy and materiality. We believe these rulings constitute reversible error.

The question of repairs to the lighting system was vital to the case. On direct examination Mr. Harms referred to Hegel’s trip to the farm to repair the lights two weeks before the accident. He stated, over objection, how Hegel had hooked up the lights on that occasion.

Much of Mr. Harms’ direct testimony was devoted to establishing how the lighting system worked. This included graphic exhibits showing the wiring system and the different ways in which the lights could be displayed. It included also a mock-up and a demonstration by which the jury was shown the actual operation of the system at the time of the accident with testimony about heights, distances, and physical arrangement of the tractor.

The obvious purpose of all this was to show the lights were operating properly and that there was no malfunction attributable to Harms Implement Company. The reference to Tom Hegel’s visit to the Chris-tiansen farm two weeks before the accident was at least arguably intended to raise the inference that whatever was wrong with the lights had been fixed.

It was in this context that plaintiff undertook cross-examination of Mr. Harms. We set out some, but not all of the complaints by which he says he was not permitted to do so adequately.

Although much of Harms’ testimony was directed toward an explanation of the lighting system as displayed in the mock-up, counsel was not permitted to show this did not truly represent how the tractor lights would actually appear on the highway to travelers approaching from the rear. We believe this was a proper line of inquiry.

Counsel wanted to show what Harms’ employee (Hegel) should have done under the company’s operating procedures when he went to Christiansen’s farm to repair the lights. He was not permitted to do so although Harms had testified on direct examination over Munden’s objections concerning what Hegel did.

During direct examination, Harms testified at length about the tractor’s wiring system and the use of different switch settings. On cross-examination an attempt was made to show the possibility of other switch settings. We believe this, too, was proper.

Ordinarily the scope of cross-examination is within the trial court’s discretion. We reverse only for an abuse of discretion, and then only if it appears that prejudice resulted. We therefore have two matters to determine. Was the error in restricting cross-examination such as to constitute an abuse of discretion and, secondly, if so, was it prejudicial? We think both questions must be answered in the affirmative and that such answers require a new trial.

[650]*650While the scope of cross-examination is discretionary, the right to do so is absolute. It is a right essential to a fair trial. Thomas v. State Board of Parole, 220 N.W.2d 874, 877 (Iowa 1974); Wheatley v. Heideman,

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Avery v. Harms Implement Co.
270 N.W.2d 646 (Supreme Court of Iowa, 1978)

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Bluebook (online)
270 N.W.2d 646, 1978 Iowa Sup. LEXIS 1000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-v-harms-implement-co-iowa-1978.