Guinn Ex Rel. Guinn v. Millard Truck Lines, Inc.

134 N.W.2d 549, 257 Iowa 671, 1965 Iowa Sup. LEXIS 619
CourtSupreme Court of Iowa
DecidedApril 6, 1965
Docket51645
StatusPublished
Cited by18 cases

This text of 134 N.W.2d 549 (Guinn Ex Rel. Guinn v. Millard Truck Lines, Inc.) 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
Guinn Ex Rel. Guinn v. Millard Truck Lines, Inc., 134 N.W.2d 549, 257 Iowa 671, 1965 Iowa Sup. LEXIS 619 (iowa 1965).

Opinions

Larson, J.

— In an action for damages arising out of an intersection collision between an automobile operated by the plaintiff Mildred Guinn and a truck-tractor operated by the defendant Jaek Coleman and owned by Millard Truck Lines, Inc., in separate counts Mildred Guinn and Shirley Guinn, age 11 years, her passenger, each sought compensation for personal injuries, and plaintiff-husband Douglas Guinn sought eompen-[674]*674sation for property damage, medical and hospital expenses of his wife and daughter, and loss of consortium.

Defendants’ motions for directed verdict, duly made, were overruled, and the trial court submitted the issues of defendant’s negligence, plaintiff’s freedom from contributory negligence, and proximate cause and damages on each count. The jury returned a verdict in favor of Mildred Guinn in the amount of $4000, in favor of Shirley Guinn in the amount of $6000 and in favor of defendants on the $4950 claim of Douglas Guinn.

When the trial court overruled defendants’ motion for judgment notwithstanding the verdict in favor of Mildred Guinn and Shirley Guinn, and denied’ their motion for a new trial as to those causes, defendants appealed. Mr. Guinn does not appeal. We find no error in the court’s ruling on defendants’ motions.

This accident occurred about 4:30 p.m. September 20, 1962, in the intersection of East Fourteenth Street and Cleveland Avenue in Des Moines, Iowa. East Fourteenth Street is a four-lane thoroughfare with two northbound and two southbound 12-foot lanes of traffic. Cleveland Avenue is an east-west street with one traffic lane in each direction. There are fixed stop signs on Cleveland Avenue and pedestrian lights to control traffic on East Fourteenth Street.

Mrs. Guinn, driving a 1951 Ford automobile, stopped at the sign located on Cleveland Avenue about 18 feet from the east curbline of East Fourteenth Street. She testified that she observed a child press the button controlling the pedestrian light on the west side of East Fourteenth Street and come across the street on the north side, that she looked toward the south where her view was unobstructed for 180 feet and saw no vehicle ap - proaching, that she looked toward the north and then proceeded through the intersection at about 12 miles per hour. As her ear reached the center of the intersection it was struck on the left side center by defendants’ tractor and was pushed northwesterly some 25 to 30 feet into the west curb of East Fourteenth Street and totally wrecked.

The defendánt Jack Coleman was alone in his vehicle. He testified he was driving north on East Fourteenth Street in the east or curb lane as he approached this intersection. He said he [675]*675saw the plaintiff’s vehicle on Ms right stop at the stop sign, and estimated he was then about 65 feet from the middle of, Cleve: land Avenue traveling about 25 miles per hour. He later observed the Guinn auto entering the intersection some 20 or 25 feet away. He said he tried to “hit the brakes” but 'could not do so until after the impact, but he did jerk the wheel to the left. The impact knocked him from his seat and he could not stop his tractor until it had pushed the Guinn car into the west curb of East Fourteenth Street. He testified he had slowed for the red pedestrian light as he approached this intersection and. then increased his speed to about 28 miles per hour when the green light came on. H.e did not see the Anderson child pass over the street and did not sound his horn.

Benjamin Shaw testified he had stopped- two or three car lengths north of this intersection intending to turn left onto Cleveland, and witnessed the collision. He did not see the-plaintiff’s ear before the collision, but did see the defendants’ vehicle approaching about a half block away and thought from its manner .that it intended to turn left on Cleveland. Later he observed the action of the tractor’s brakes and said they were not working properly on -one side. ...

Christine Eloise Anderson, age 11, testified she had pushed the button and passed over East Fourteenth Street just before the accident. She said she -was stepping on the east curb as the Guinn ear started to cross the intersection, and had gone only four or five steps when the collision occurred.

John Ashley testified he was following. defendants’ tractor in an automobile at the speed related by Coleman, and said that when the Guinn car entered the intersection Coleman’s tractor was only “five or ten feet” from the intersection.

The serious injuries suffered by Mrs. Guinn are not disputed, nor was the reasonableness of the $905.65 medical and hospital expenses incurred by Mr. Guinn for the care and treatment of Mrs. Guinn and his daughter, Shirley. Mrs. Guinn’s injuries consisted of a broken pelvis, lacerations, a chest bone displacement, and two cracked ribs. She was confined to the hospital for about three weeks, and her permanent disability was estimated at 20 percent. Shirley received lacerations-on the-head, [676]*676arm and leg, all of which, will produce permanent scars. The property damage to the jointly-owned automobile was established at $125.

In each count in the petition plaintiffs alleged defendants were negligent in failing to keep a proper lookout, in failing to have their vehicle under control, and in proceeding at a speed greater than was proper and reasonable under the conditions and circumstances there existing, alleged freedom from contributory negligence, and set out the items of damages claimed.

I. For reasons which will be apparent we shall discuss the assigned errors in a little different order from that argued. In assigned errors 3, 4, 5 and 6 of appellants’ Division III they complain of the trial court’s instructions and its statement of the issues relating to lookout, control and excessive speed, for the reason that there was insufficient evidence to send these or any specifications of negligence to the jury. We cannot agree.

Under this record there was substantial evidence from which the jury could find the defendant-driver Jack Coleman negligent under the specifications of lookout, speed and control. That issue and the question of whether Mildred Guinn has by substantial evidence shown herself free from contributory negligence are the primary or basic issues involved. Youngs v. Fort, 252 Iowa 939, 944, 109 N.W.2d 230. “We are not concerned here with the burden of proof on either [negligence or freedom from contributory negligence] * * *, but only with the sufficiency of the evidence to raise a jury question upon one or both.” Paulsen v. Haker, 250 Iowa 532, 536, 95 N.W.2d 47, 50.

Certain familiar maxims applicable here need no citation of authority. In considering the propriety of the court’s ruling upon the motions for directed verdict, the evidence must be viewed in a light most favorable to plaintiff. It is the rule that one traveling on the highway or street has a right to assume that others will proceed with due care and according to law, until, in the exercise of reasonable care, he knows, or should know, otherwise. Ordinarily, disputed questions of fact from which reasonable minds might draw various conclusions are for the determination of the jury. Hackman v. Beckwith, 245 Iowa 791, 795, 64 N.W,2d 275, 278. Most of these rules were discussed [677]

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Guinn Ex Rel. Guinn v. Millard Truck Lines, Inc.
134 N.W.2d 549 (Supreme Court of Iowa, 1965)

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Bluebook (online)
134 N.W.2d 549, 257 Iowa 671, 1965 Iowa Sup. LEXIS 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guinn-ex-rel-guinn-v-millard-truck-lines-inc-iowa-1965.