Carmody v. Aho

86 N.W.2d 692, 251 Minn. 19, 1957 Minn. LEXIS 666
CourtSupreme Court of Minnesota
DecidedNovember 8, 1957
Docket37,050, 37,053, 37,054, 37,051
StatusPublished
Cited by32 cases

This text of 86 N.W.2d 692 (Carmody v. Aho) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carmody v. Aho, 86 N.W.2d 692, 251 Minn. 19, 1957 Minn. LEXIS 666 (Mich. 1957).

Opinions

Knutson, Justice.

This case comes to the writer on a reassignment. It arises out of an automobile collision between a car driven by Richard Carmody, in which his wife, Lila, was riding as a passenger, and an automobile driven by Herbert Aho, in which his wife, Esther, was riding as a passenger. Actions were brought by Richard Carmody to recover for his personal injuries and special damages and, as guardian ad litem of his minor wife, to recover for her personal injuries and by Esther Aho against Richard Carmody to recover for her personal injuries and, as trustee, to recover for the wrongful death of Herbert Aho, who was killed in the accident. The cases were consolidated for trial. The jury returned a verdict in favor of Lila Carmody for $25,731.98 and one for Esther Aho for $45,908.33. In the other actions, the verdicts were for defendant. Implicit in these verdicts is a finding that the negligence of the drivers of both cars proximately contributed to the collision. The trial court, on a motion for a new trial, reduced the verdict in favor of Lila Carmody to $20,000, which was accepted by plaintiff. Appeals were taken to this court by Richard Carmody in the case brought by him as plaintiff and in the case brought against him by Esther Aho and by Esther Aho as administratrix in the case brought by Richard Carmody as guardian ad litem for his wife and as trustee for the next of kin of Herbert Aho in the case against Richard Carmody. All of the appeals were from orders denying the respective motions of the parties for judgment notwithstanding the verdict or a new trial. The appeals have been consolidated for hearing here.

The facts essential to a determination of the issues raised here may be summarized as follows: The collision occurred on June 8, 1955, at about 11:30 a. m. about one and one-half miles west of Embarrass, in this state, on Trunk Highway No. 21, which runs in an easterly and westerly direction for some distance both ways from the point of the accident. It was raining quite heavily at the time of the collision. [22]*22Visibility was quite limited. Some witnesses testified that they could see 200 feet, while others testified that they could see as much as two city blocks ahead of them. The road was black-topped, but slippery. Carmody and his wife were traveling west toward Aurora. Carmody testified that he was at all times on his right half of the road, which, due to the direction in which he was driving, would be the north half. He testified that he was traveling between 40 and 45 miles per hour prior to the collision. He said that he saw the Aho car approaching from the opposite direction and, when it was about 300 feet from him, he observed it come over to his side of the road. It then returned to its own side. When it first came over to his side he removed his foot from the accelerator, but he resumed his driving when the Aho car returned to its own side of the road. He then said that when the Aho car was about 75 feet from him it again skidded to his side of the road and the collision occurred almost immediately. He estimated the speed of the Aho car at 55 to 60 miles per hour.

Mrs. Carmody was busy trying to get a program on the radio, so she did not observe the approaching Aho car. She did testify that shortly before the accident her husband said: “Look at that crazy car,” and that she then resumed her efforts to get a program on the radio and paid no attention to the approaching car until her husband said “Look out!” at which time she looked up to see the Aho car slide into their car.

Herbert Aho was killed in the collision. Mrs. Aho suffered a retrograde amnesia, so she could not recall what happened.

From photographs in evidence, it appears that the right front of the Aho car collided with the left front of the Carmody car. After the collision, the Carmody car came to rest north of the traveled portion of the highway facing in a southerly direction. The Aho car came to rest about 20 or 30 feet east of the Carmody car, south of the traveled portion of the highway, also facing south. Mr. Carmody was thrown out of the car, and Mrs. Carmody was at first partly out of the car on the driver’s side and later either fell all the way out or was helped out, depending on what witnesses were correct in their version of what they found. Both were found north of the highway. Mr. Aho’s body was also found north of the highway about ten feet east of his car. [23]*23Mrs. Aho was found south of the highway in front of their car.

There were two gouges in the south half of the highway near the accident, one of which was shown to have been caused when the Aho car was pulled out of its resting place. The witnesses differed as to whether these gouges were newly made or if it could be determined that they were new or old. There was much conflict as to the location of debris, such as dirt, glass, and other portions of the automobile. Some of the witnesses testified that such debris was found all over the road. Two witnesses testified that it was mostly on the south half of the road, while two other witnesses testified that it was mostly on the north half of the road. Two deputy sheriffs said that it was about equally divided on both sides of the road.

Confronted with this evidence, Mrs. Aho called Adolph Orlando Lee as an expert witness. He is an assistant professor of mechanical engineering at the University of Minnesota, where he teaches in the area of heat and power. Based on the physical evidence as to the position of the automobiles; the damage thereto as shown by photographs; the debris and gouges on the highway; and the location of the bodies of the individuals who were in the cars, he was permitted to reconstruct the collision and to state as his opinion that the collision occurred in the south lane of the highway. The propriety of admitting this opinion evidence presents the only question we need determine on this appeal since we are convinced from the record before us that questions of negligence, contributory negligence, and proximate cause were otherwise properly submitted to the jury.

The general rules applicable to the admissibility of expert testimony are not difficult to ascertain and have been stated so often by this and other courts that it seems useless to repeat them. As a general rule, the preliminary question whether a witness has the necessary qualifications to testify as an expert is left to the sound discretion of the trial court.1 None of the parties have raised any question as to the qualification of Mr. Lee as an expert in the field of engineering, so we need not spend any time on that phase of the case.

The admissibility of such evidence also generally rests in the [24]*24sound discretion of the trial court. Many of the cases on this subject are collected in our opinion in Beckman v. Schroeder, 224 Minn. 370, 28 N. W. (2d) 629. It would serve no useful purpose to restate the law here. While the general rules are readily ascertainable, the application of these rules to specific cases is not always so easy. No hard-and-fast rule can be promulgated which will apply to all cases. The discretion of the trial court is not one that is never subject to review. It is circumscribed by other established rules that are equally applicable.

In the first place, the opinion of expert witnesses is intended to be used only where, because of superior learning or experience, the witness is more capable of formulating a correct opinion on the subject matter involved than are the members of the jury.

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Bluebook (online)
86 N.W.2d 692, 251 Minn. 19, 1957 Minn. LEXIS 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carmody-v-aho-minn-1957.