Daniels v. Melton Truck Lines, Inc.

704 S.W.2d 140
Procedural entryThis page is a short order in Daniels v. Melton Truck Lines, Inc.. Read the opinion of the Court — 1986 Tex. App. LEXIS 12063
Court of Appeals of Texas·Decided February 6, 1986·No. Nos. 11-85-200-CV, 11-85-203-CV·Published

Opinion

DICKENSON, Justice.

This motor vehicle collision case was tried by a jury which refused to find that either driver’s actions were a proximate cause of the collision. Both sides appeal the judgment that all plaintiffs and counter-plaintiffs take nothing. We affirm.1

The plaintiffs2 were riding in a 1978 Ford Van which collided with a 1979 Freightliner Tractor Trailer. Plaintiffs sued the owner,3 the Lessee,4 and the driv[143]*143er of the truck.5 Each of those defendants filed a counterclaim against the estate of the van’s driver.6

Each side used expert witnesses to “reconstruct the accident” which occurred on State Highway 149 between Carthage and Longview on November 5, 1980, at 1:30 a.m. The people in the van were on their way home to Carthage after attending a Ronnie Millsap concert in Longview. The truck was on its way to Oklahoma with a load of plywood. The experts agreed that the vehicles had a left-front to left-front collision and that the impact was on the van’s side of the center stripe. They reached different conclusions as to which driver caused the collision to occur.

The driver of the van was killed, and all four of his passengers testified that they were sleeping and, consequently, did not know what caused the collision. The truck driver testified that the van was on the truck driver’s side of the highway, that he pulled the truck to his left to avoid the collision, and that the van then came back across the center stripe. The highway patrolman testified that two of the young men who were riding in the van told him at the scene of the accident that their driver went to sleep and drifted onto the wrong side of the road, that one of the passengers saw the truck lights and yelled, and that their driver pulled back to his right. Two witnesses who arrived at the scene before the highway patrolman said the two young men told them that they did not know what caused the collision and did not say anything about their driver going to sleep and getting on the wrong side of the road.

The jury’s verdict can be summarized as shown:

1. Joseph D. Stephens (the truck driver) did not fail to apply his brakes; did not fail to keep a proper lookout; did not fail to turn to the right; did not go to sleep at the wheel; did not fail to yield; and was not operating his vehicle at an excessive speed.
2. Joseph D. Stephens (the truck driver) failed to keep his vehicle completely within the right half of the roadway.
3. Such failure was not a proximate cause of the collision.
4. Jimmy Dial Craig (driver of the van) was negligent: as to lookout; failure to drive on the right half of the roadway; failure to give the truck driver at least one-half of the highway; failure to yield the right-of-way; and falling asleep. The jury refused to find proximate cause as to any of the negligent acts and omissions.

Under the instructions of the court, the jury was not required to answer any of the other special issues. Those issues related to the apportionment of fault and the amount of damages to each plaintiff and counter-plaintiff.

Plaintiffs urge a single point of error. They argue that the trial court erred in overruling their motion for new trial because statements made by one of the jurors during the jury’s deliberations constituted jury misconduct and was an “outside influence” improperly brought to bear on the jury’s deliberations.

This point is overruled because of TEX. R.EVID. 606(b) which was adopted before the trial of this case and which now states:

Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury’s deliberations or to the effect of anything upon his or any other juror’s mind or emotions as influencing him to assent to or dissent from the verdict or indictment or concerning his mental processes in connection therewith, except that a juror may testify whether any outside influence was improperly brought to bear upon any juror. Nor may his affidavit or evidence of any statement by him concerning a matter about which he would be precluded from testifying be received for these purposes. (Emphasis added)

[144]*144The trial court properly refused to consider the jurors’ affidavits and bills of exception testimony of six of the jurors that during their lengthy deliberations one of the jurors, Shirley Hamilton:

[Kjept repeating that she was a police officer for the City of Carthage and her duties included patrolling, investigating accidents and issuing tickets.... Juror Hamilton did not directly threaten to use her outside influence and police power on those who disagreed with her, but all jurors had become tired and exhausted and they very easily probably felt both consciously and subconsciously that the power Juror Hamilton had outside the jury room as a police officer would be used against them if they did not agree with her.
She left the distinct impression that if we did not answer the questions as she thought they should be answered, that we would see her later and could suffer the consequences.... It is my sincere belief that Juror Hamilton used her outside position as a peace officer to influence and intimidate other members of the jury.
It is my opinion the emphasis of her right to make arrests outside the jury room had an influence on some of the jurors changing and siding with her.

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Daniels v. Melton Truck Lines, Inc., 704 S.W.2d 140 (Tex. Ct. App. 1986).

704 S.W.2d 140 (Daniels v. Melton Truck Lines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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