Hamilton v. Luckey

315 N.W.2d 823, 1981 Iowa App. LEXIS 494
CourtCourt of Appeals of Iowa
DecidedNovember 24, 1981
Docket2-64523
StatusPublished
Cited by4 cases

This text of 315 N.W.2d 823 (Hamilton v. Luckey) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamilton v. Luckey, 315 N.W.2d 823, 1981 Iowa App. LEXIS 494 (iowactapp 1981).

Opinions

SNELL, Judge.

Plaintiffs appeal from a jury verdict for defendants in an action brought to recover damages for personal injuries and property damage resulting from an accident involving two semitrailers. As a result of the collision, several lawsuits and counterclaims were filed.1 The separate actions were consolidated for trial. The plaintiffs-appellants are Donald R. Hamilton, Betty Aileen Hamilton and Mid-American Lines, Inc., and the defendants-appellees are Royce A. Luckey, Apple Lines, Inc., Alden K. Allen and A & R Trucking Company.2 Reference to any particular appellant or appellee includes those unnamed parties of similar interest, unless the context in which reference is made clearly indicates otherwise.

The accident between Luckey’s parked semitrailer and Hamilton’s semitrailer occurred in the early morning hours of February 14, 1977. Around midnight, approximately four hours prior to the accident, Royce Luckey was driving his rig west on Interstate 80, near the Brooklyn, Iowa, interchange when it lost all motive power. Luckey coasted past the interchange and stopped the semi by applying the brakes on the right shoulder of the highway. After inspecting it, Luckey concluded repairs were beyond his capabilities. He waited for assistance. A state trooper stopped shortly after midnight and transported Luckey to a nearby truck stop. There Luckey contacted a towing service and arranged to have his disabled rig towed to a service center. However, the towing service indicated it would not be able to give assistance until between 4:00 and 6:30 a. m. of that morning. Luckey then hitched a ride with another truck driver, arriving at his semitrailer at approximately 2:30 a. m.

Around 4:40 a. m., Hamilton’s semitrailer collided with the left rear of Luckey’s semitrailer. Hamilton claimed the collision was caused by Luckey’s failure to completely remove his disabled semi from the traveled portion of Interstate 80 and by Luckey’s failure to effectively warn oncoming traffic of the potentially hazardous position of the vehicle. Luckey claims the collision was caused by Hamilton’s failure to safely operate his semi. The jury returned a verdict in favor of defendants-appellees.

[825]*825Each of the issues presents a question of the sufficiency of evidence to support various instructions the court gave to the jury. Our review is on errors assigned. Iowa R.App.P. 4; see Dobson v. Jewell, 189 N.W.2d 547, 553 (Iowa 1971). We view the evidence in a light most favorable to the appellee Luckey. To sustain the court’s submission of an issue to the jury, there must be substantial evidence in the record to support the instruction given to the jury. Wroblewski v. Linn-Jones FS Services Ind., 195 N.W.2d 709, 711 (Iowa 1972).

Appellants initially argue the court committed reversible error by instructing the jury on the availability of a statutory excuse for failure to fulfill a statutory obligation when there was no evidence in the record to support excuse as a defense. The first paragraph of Instruction 9, which incorporates portions of section 321.354, The Code 1979, instructed the jury that if a person leaves any vehicle upon the paved or main traveled portion of a road, when removing the vehicle from the traveled portion of the road is practical, that person is negligent as a matter of law. Paragraph two of Instruction 9, which incorporates portions of section 321.355, The Code 1979, refers to the availability of an excuse for failure to comply with the duty described in paragraph one of Instruction 9. Under that instruction, appellee Luckey is excused from negligently failing to completely remove his vehicle from the traveled portion of a road when the vehicle “is disabled while on the paved or main traveled portion of a highway in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such a position.” Appellants maintain there was no evidence the defendants’ truck was so disabled as to make it impossible to completely remove the truck from the traveled portion of the highway. Their position is that the appel-lees voluntarily stopped the semi on the highway while it still had sufficient momentum to be completely removed from the traveled portion of the road. Therefore, the appellees’ negligence, rather than their semi’s disability, was the sole reason it was not removed from the traveled portion of the highway.

The cases cited as authority for appellants’ position are distinguishable. Uhlenhopp v. Steege, 233 Iowa 368, 7 N.W.2d 195, (1942), and Smith v. Pust, 232 Iowa 1194, 6 N.W.2d 315 (1943), deal with factual situations where the “disabled” vehicle could have been removed from the traveled portion of the road under its own motive power. The vehicles in those cases were not disabled in the sense they could not be moved. Luckey’s semi, on the other hand, became totally disabled while on the highway in the sense that once it was stopped it could not be moved without the assistance of some form of towing. Neither does Reed v. Willison, 245 Iowa 1066, 65 N.W.2d 440 (Iowa 1954), advance appellants’ argument. In Reed a car with a dead battery was pushed onto the highway down an incline in an attempt to start it. The supreme court held the trial court correctly refused to give an instruction on legal excuse. Section 321.355 applies to a vehicle which becomes disabled while on the paved portion of the highway, not to one that is disabled before being pushed onto the highway. Reed is factually different and irrelevant on this issue.

The supreme court also noted in Reed that the word “impossible” in section 321.355 should not be given a narrow, literal construction. It means “not reasonably practicable.” From this, appellants argue that appellee Luckey was not entitled to an instruction on legal excuse because it was practicable for him to coast his rig off the highway. But to adopt this argument would give a narrow, literal construction to “practicable.” Thus, if Luckey ■ braked his coasting rig too soon so it was not completely off the highway, he would lose the benefit of the legal excuse since it might have been practicable to coast the rig farther. We decline to apply such a construction to the statute.

The court also observed in Reed that an instruction on legal excuse pursuant to section 321.355 would not have substantially [826]*826aided defendant because the jury could determine defendant was negligent under section 321.354 only by finding it was practicable not to stop on the pavement. Conversely, in the case at bar, the aid to appellee Luckey given by the instruction on excuse under section 321.354 is not critical. We hold no error occurred by giving this instruction.

Appellants also contend the court committed reversible error by instructing the jury on the availability of a legal excuse for Luckey’s failure to exhibit a red light visible from a distance of 500 feet to the rear of the trailer. Essentially, Instruction 10 provided that failure to have a red light visible from 500 feet behind a vehicle parked on a roadway constituted negligence.

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Related

Schermer v. Muller
380 N.W.2d 684 (Supreme Court of Iowa, 1986)
Mid-Country Meats, Inc. v. Woodruff-Evans Construction
334 N.W.2d 332 (Court of Appeals of Iowa, 1983)
Hamilton v. Luckey
315 N.W.2d 823 (Court of Appeals of Iowa, 1981)

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Bluebook (online)
315 N.W.2d 823, 1981 Iowa App. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-luckey-iowactapp-1981.