OPINION
MATTHEWS, Justice.
This case arose from a motor vehicle accident which occurred on June 8, 1977, at the intersection of C and Dunbar Streets in Fairbanks. Michael Lenord was traveling north on C Street in his automobile. Russell Bailey and his passenger, Glenn Wise, were traveling west on Dunbar Street on Bailey’s motorcycle. Anthony Blackburn was also traveling west on Dunbar on his motorcycle. After passing through a yield sign at the intersection of C and Dunbar, the two motorcycles struck Lenord’s vehicle on the passenger side. As a result of the accident, Blackburn died and Bailey and Wise were injured.
On November 10, 1977, a complaint was filed for the wrongful death of Blackburn and for Bailey’s personal injuries. Plaintiffs’ theory was that Lenord’s negligence
in speeding through a residential area and failing to keep a proper lookout caused the accident. A jury returned a verdict in favor of appellee, Lenord. Following the superior court’s denial of their motion for a new trial, plaintiffs filed this appeal.
At trial Officer Layman of the Fairbanks Police Department described in detail speed tests he performed in his patrol car shortly after the accident. The trial court did not allow Layman to express an opinion as to Lenord’s speed. Layman was allowed to testify, however, that his patrol car would have to have been traveling at least 40 miles per hour to leave the same amount of skid marks as were left by Lenord’s vehicle.
The Court instructed the jury that the speed limit on C and Dunbar was 30 miles per hour. The court’s speed limit instruction was based on the Alaska Administrative Code. The court further instructed the jury that racing was negligence per se, but refused to add negligence per se language to its instructions defining negligent and reckless driving.
Plaintiffs assert several errors by the trial court. They contend that the jury instruction relating to the applicable speed limit on C and Dunbar Streets was improperly based upon the Alaska Administrative Code rather than the Fairbanks Code of Ordinances; that the court improperly limited Officer Layman’s testimony; that the jury should not have been instructed on racing; that negligence per se language should have been included in the jury instructions defining reckless and negligent driving; and that the trial court erred in denying plaintiffs’ motion for a new trial. Each of these will be discussed in turn.
The Speed Limit Instruction
The trial court instructed the jury that the speed limit on C and Dunbar was 30 miles per hour.
The court’s instruction was based on Title 13, § 02.275 of the Alaska Administrative Code.
Plaintiffs contend that the applicable law is contained in § 7.303 of the Fairbanks Code of Ordinances which sets the speed limit at 20 miles per hour.
AS 28.01.010
states that the provisions of Title 28 (Motor Vehicles) are ap
plicable within all municipalities of the state and that a municipality may not enact an ordinance inconsistent with provisions of the title or regulations adopted under the title. Although AS 28.01.010(b) provides that a municipality may enact necessary ordinances to meet specific local requirements, a municipality cannot enact an ordinance which conflicts with state-wide traffic rules and regulations.
Adkins v. Lester,
530 P.2d 11, 14-15 (Alaska 1974). Clearly, Fairbanks’ 20 mile per hour speed limit is valid only if it is in conformance with statewide traffic statutes and regulations.
13 AAC 02.280-285 authorizes municipalities to decrease or increase the speed limits specified in the Administrative Code and further provides that the altered limits are effective when signs giving notice thereof are erected.
Signing, therefore, is a condition precedent to the effectiveness of Fairbanks’ 20 mile per hour speed limit.
Although several witnesses testified that they understood the speed limit on C and Dunbar Streets to be 20 miles per hour, there was no evidence that 20 mile-per-hour speed limit signs were erected in Hamilton Acres, the residential area where the accident occurred.
Likewise, there was no evidence that general speed limit signs were posted elsewhere in Fairbanks indicating that the speed limit on all non-arterial streets was to be 20 miles per hour. Since speed limit signs were not posted, the trial court did not err in instructing the jury that the applicable speed limit was the state-wide limit of 30 miles per hour.
Contrary to plaintiffs’ assertion, the presump
tion that a municipal ordinance has been validly enacted cannot be relied upon to prove that an altered speed limit has been posted where the effectiveness of the reduced limit is specifically conditioned upon posting.
Officer Layman’s Testimony
Officer Layman, the police officer who investigated the accident, measured the skid marks left by Lenord’s vehicle and performed speed tests in his patrol car at the scene of the accident. At trial, plaintiffs asked Layman for his opinion of Le-nord’s speed prior to the accident. Defendant objected on the ground that a proper foundation for the admission of the testimony had not been laid.
The court allowed Layman to testify as to the speed the test vehicle would have to have been traveling to leave the same amount of skid marks as were left by Lenord’s vehicle. Layman also testified that the differences between the test vehicle and the Lenord vehicle favored the Lenord vehicle. Plaintiffs claim the trial court erred in limiting Layman’s testimony.
The admission in evidence of expert testimony lies within the sound discretion of the trial judge whose determination is reviewable only for an abuse of discretion.
City of Fairbanks v. Nesbett,
432 P.2d 607, 611-12 (Alaska 1967).
See also, Ferrell v. Baxter,
484 P.2d 250, 267 (Alaska 1971) and
Bachner v. Rich,
554 P.2d 430, 446 (Alaska 1976). The test for determining abuse of discretion with respect to the admission of expert testimony is “whether the reasons for the exercise of discretion are clearly untenable and unreasonable.”
Lewis v. State,
469 P.2d 689, 695 (Alaska 1970). A review of the record reveals that Layman explained in detail the skid tests he performed and the instruments he used to determine Lenord’s speed.
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OPINION
MATTHEWS, Justice.
This case arose from a motor vehicle accident which occurred on June 8, 1977, at the intersection of C and Dunbar Streets in Fairbanks. Michael Lenord was traveling north on C Street in his automobile. Russell Bailey and his passenger, Glenn Wise, were traveling west on Dunbar Street on Bailey’s motorcycle. Anthony Blackburn was also traveling west on Dunbar on his motorcycle. After passing through a yield sign at the intersection of C and Dunbar, the two motorcycles struck Lenord’s vehicle on the passenger side. As a result of the accident, Blackburn died and Bailey and Wise were injured.
On November 10, 1977, a complaint was filed for the wrongful death of Blackburn and for Bailey’s personal injuries. Plaintiffs’ theory was that Lenord’s negligence
in speeding through a residential area and failing to keep a proper lookout caused the accident. A jury returned a verdict in favor of appellee, Lenord. Following the superior court’s denial of their motion for a new trial, plaintiffs filed this appeal.
At trial Officer Layman of the Fairbanks Police Department described in detail speed tests he performed in his patrol car shortly after the accident. The trial court did not allow Layman to express an opinion as to Lenord’s speed. Layman was allowed to testify, however, that his patrol car would have to have been traveling at least 40 miles per hour to leave the same amount of skid marks as were left by Lenord’s vehicle.
The Court instructed the jury that the speed limit on C and Dunbar was 30 miles per hour. The court’s speed limit instruction was based on the Alaska Administrative Code. The court further instructed the jury that racing was negligence per se, but refused to add negligence per se language to its instructions defining negligent and reckless driving.
Plaintiffs assert several errors by the trial court. They contend that the jury instruction relating to the applicable speed limit on C and Dunbar Streets was improperly based upon the Alaska Administrative Code rather than the Fairbanks Code of Ordinances; that the court improperly limited Officer Layman’s testimony; that the jury should not have been instructed on racing; that negligence per se language should have been included in the jury instructions defining reckless and negligent driving; and that the trial court erred in denying plaintiffs’ motion for a new trial. Each of these will be discussed in turn.
The Speed Limit Instruction
The trial court instructed the jury that the speed limit on C and Dunbar was 30 miles per hour.
The court’s instruction was based on Title 13, § 02.275 of the Alaska Administrative Code.
Plaintiffs contend that the applicable law is contained in § 7.303 of the Fairbanks Code of Ordinances which sets the speed limit at 20 miles per hour.
AS 28.01.010
states that the provisions of Title 28 (Motor Vehicles) are ap
plicable within all municipalities of the state and that a municipality may not enact an ordinance inconsistent with provisions of the title or regulations adopted under the title. Although AS 28.01.010(b) provides that a municipality may enact necessary ordinances to meet specific local requirements, a municipality cannot enact an ordinance which conflicts with state-wide traffic rules and regulations.
Adkins v. Lester,
530 P.2d 11, 14-15 (Alaska 1974). Clearly, Fairbanks’ 20 mile per hour speed limit is valid only if it is in conformance with statewide traffic statutes and regulations.
13 AAC 02.280-285 authorizes municipalities to decrease or increase the speed limits specified in the Administrative Code and further provides that the altered limits are effective when signs giving notice thereof are erected.
Signing, therefore, is a condition precedent to the effectiveness of Fairbanks’ 20 mile per hour speed limit.
Although several witnesses testified that they understood the speed limit on C and Dunbar Streets to be 20 miles per hour, there was no evidence that 20 mile-per-hour speed limit signs were erected in Hamilton Acres, the residential area where the accident occurred.
Likewise, there was no evidence that general speed limit signs were posted elsewhere in Fairbanks indicating that the speed limit on all non-arterial streets was to be 20 miles per hour. Since speed limit signs were not posted, the trial court did not err in instructing the jury that the applicable speed limit was the state-wide limit of 30 miles per hour.
Contrary to plaintiffs’ assertion, the presump
tion that a municipal ordinance has been validly enacted cannot be relied upon to prove that an altered speed limit has been posted where the effectiveness of the reduced limit is specifically conditioned upon posting.
Officer Layman’s Testimony
Officer Layman, the police officer who investigated the accident, measured the skid marks left by Lenord’s vehicle and performed speed tests in his patrol car at the scene of the accident. At trial, plaintiffs asked Layman for his opinion of Le-nord’s speed prior to the accident. Defendant objected on the ground that a proper foundation for the admission of the testimony had not been laid.
The court allowed Layman to testify as to the speed the test vehicle would have to have been traveling to leave the same amount of skid marks as were left by Lenord’s vehicle. Layman also testified that the differences between the test vehicle and the Lenord vehicle favored the Lenord vehicle. Plaintiffs claim the trial court erred in limiting Layman’s testimony.
The admission in evidence of expert testimony lies within the sound discretion of the trial judge whose determination is reviewable only for an abuse of discretion.
City of Fairbanks v. Nesbett,
432 P.2d 607, 611-12 (Alaska 1967).
See also, Ferrell v. Baxter,
484 P.2d 250, 267 (Alaska 1971) and
Bachner v. Rich,
554 P.2d 430, 446 (Alaska 1976). The test for determining abuse of discretion with respect to the admission of expert testimony is “whether the reasons for the exercise of discretion are clearly untenable and unreasonable.”
Lewis v. State,
469 P.2d 689, 695 (Alaska 1970). A review of the record reveals that Layman explained in detail the skid tests he performed and the instruments he used to determine Lenord’s speed. In reaching his conclusion, Layman accounted for the differences in weight and brakes between the test car and Lenord’s car and the effect of the collision on Lenord’s speed.
Although it is a close question as to whether the exclusion of Layman’s opinion was an abuse of discretion, any error that may have been committed in that regard would have been harmless. Layman testified that his patrol car would have to have been traveling at least 40 miles per hour to leave the same skid marks as the Lenord car, and that any variable between the patrol car and Lenord’s would mean that the latter must have been traveling somewhat faster than 40 miles per hour. It is apparent therefore that the essence of Layman’s conclusions was before the jury.
Racing Instructions
The trial court instructed the jury that racing, in violation of 13 AAC 02.330, is negligence per se.
Plaintiffs claim there is insufficient evidence in the record to support an instruction on racing.
A trial court may adopt a statute or regulation as the appropriate standard of care, if there is “sufficient evidence from which a jury could reasonably infer
the statute was violated.”
Bachner v. Rich,
554 P.2d 430, 441 n. 12 (Alaska 1976). The test for determining whether there is sufficient evidence to support a negligence per se instruction is “whether the facts and resulting inferences are such that reasonable people, viewing the evidence in the light most favorable to the party seeking the instruction could justifiably have different views on the question.”
Godfrey v. Hemenway,
617 P.2d 3, 7-8 (Alaska 1980).
There was sufficient evidence introduced at trial to support an instruction on racing. Officer Layman testified that both Bailey and Wise stated, after the accident, that Bailey accelerated to “catch up” with Blackburn after Blackburn passed them. Dr. Ha, who interviewed Bailey after the accident testified that Bailey told him he and Blackburn were “running the road,” trying to pass each other, and their speed was such that they could not stop at the yield sign. The evidence is undisputed that the two vehicles were traveling down the road side-by-side. There is also evidence that both motorcycles disobeyed the yield sign on Dunbar Street. Viewing the evidence in the light most favorable to Le-nord, we believe reasonable jurobs could have concluded plaintiffs were racing. Therefore, the trial court did not abuse its discretion in instructing the jury that racing, in violation of 13 AAC 02.330, is negligence per se.
Negligent and Reckless Driving Instructions
Plaintiffs claim the trial court erred in not adding negligence per se language to Instruction No. 17 which defines reckless and negligent driving.
In
Ferrell v. Baxter,
484 P.2d 250, 263 (Alaska 1971) we adopted the principles set forth in the Restatement (Second) of Torts §§ 286, 288A and 288B
in holding that a trial court
may, in its discretion, adopt a statute or regulation rather than the common law reasonable person standard as the applicable standard of care. Substitution of a statute or regulation is only appropriate where the statute or regulation prescribes specific conduct. Substitution is not appropriate where the statute or regulation sets out a general or abstract standard of care.
Northern Lights Motel Inc. v. Sweaney,
561 P.2d 1176, 1183 (Alaska 1977);
Bachner v. Rich,
554 P.2d 430, 441-42 (Alaska 1976); and
Lester v. John R. Jorgensen Co.,
400 F.2d 393, 396 (6th Cir. 1968).
Alaska’s statutes defining reckless and negligent driving do not prescribe specific conduct, but rather state that a person shall not drive a motor vehicle in a manner which creates an unjustifiable risk. The statutes define unjustifiable risk as a “risk of such nature and degree that a failure to avoid it constitutes a deviation from the standard of care a reasonable person would observe. . . . ” Thus the statutes merely codify the usual common law standard of care. Because the statutes do not set forth precise standards of care, the trial court properly refused to add negligence per se language to Instruction No. 17.
Plaintiffs’ contention that they were prejudiced because negligence per se language was included in Instructions No. 14 and No. 16, which were directed against plaintiffs, is without merit. The regulations contained in Instruction 14 and Instruction 16 prescribe specific forms of conduct. 13 AAC 02.130 referred to in Instruction 14 states that a driver approaching a yield sign must stop or slow down. 13 AAC 02.330, referred to in Instruction 16, prohibits racing. Plaintiffs were not prejudiced simply because the trial court correctly found negligence per se to be applicable to regulations prescribing particular conduct, but inapplicable to statutes couched in general and abstract terms.
New Trial Motion
Plaintiffs’ final argument is that the court erred in denying their motion for a new trial.
“The matter of granting or refusing a new trial rests in the sound discretion of the trial judge.”
Ahlstrom v. Cummings,
388 P.2d 261, 262 (Alaska 1964). If there was an evidentiary basis for the jury’s decision, the denial of a new trial must be affirmed. On the other hand, where “the evidence to support the verdict was completely lacking or was so slight and unconvincing as to make the verdict plainly unreasonable and unjust,” a reversal of a denial of a new trial is proper.
Finally, in reviewing the denial of a motion for a new trial, we must view the evidence in the light most favorable to the non-moving party.
City of Palmer v. Anderson,
603 P.2d 495, 501 (Alaska 1979).
Viewing the evidence in the light most favorable to Lenord, we conclude that there was an ample evidentiary basis for the jury’s verdict. Lenord testified that he was traveling between 25 and 30 miles per hour in a 30 mile per hour zone. Other evidence that Lenord was driving in a normal manner was introduced at trial. Although witnesses for the plaintiffs testified that Lenord was speeding, the jurors were entitled to disbelieve their testimony. Because evidence of Lenord’s non-negligence was not so slight or lacking as to make the verdict plainly unjust and unreasonable, we conclude that the trial court did not abuse its discretion in denying plaintiffs’ motion for a new trial.
AFFIRMED.
