Hartman v. Hinton

122 N.E.2d 646, 68 Ohio Law. Abs. 385
CourtOhio Court of Appeals
DecidedNovember 12, 1953
DocketNo. 170
StatusPublished
Cited by1 cases

This text of 122 N.E.2d 646 (Hartman v. Hinton) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hartman v. Hinton, 122 N.E.2d 646, 68 Ohio Law. Abs. 385 (Ohio Ct. App. 1953).

Opinions

[386]*386OPINION

By THE COURT:

This is an action for damages for personal injuries received by Lloyd G. Hartman, the plaintiff-appellee, while a guest passenger in an automobile being operated by one George Wooiey.

The record discloses that the accident occurred about 2:00 A. M. on U. S. Route 25, which was under repair but open to traffic with warning signs indicating it was not safe to drive faster than 30 miles an hour; that an automobile approaching from the opposite direction blinded Wooiey, causing him to drive off of the paved portion of the highway and strike a road roller owned by the defendantsrappellants, Hinton, Bailey and Warrick; that said roller was parked on the unimproved portion of the highway, some testimony indicating that it was seven feet and ten inches from the paved portion, and other witnesses testifying that it was not quite that far; that it was without lights, in violation of §6307-84 GC; that the berm, throughout the entire area of construction, had been worked by heavy road-building machinery and was unfit for vehicular traffic. The plaintiff was asleep at the time and was therefore unable to testify concerning the manner in which the collision occurred. Wooiey, the driver of the car, testified as follows concerning the events leading.up to the collision:

“Q. And from a point, say, a quarter of a mile north of the accident, will you describe just what happened as you approached the scene of the accident?
“A. Well, I was coming from the north, headed south, and there was a car coming from the south going north, and he had his bright lights on — I flicked down my dims, he didn’t dim, so I flicked back to bright and then back to dim again— he didn’t dim, and I was blinded and I pulled to the right side of the road, and the front wheel seemed to drop off into something soft and mucky and jerked the steering wheel out of my hands and I plowed into this roller.
“Q. Who, other than yourself, was in the car at the time?
“A. Lloyd Hartman, Jr.
“Q. Where were you sitting?
■ “A. I was on the left side of the car.
“Q. Where was Hartman?
“A. He was on the right hand side.
“Q. In the front or rear seat?
“A. In the front.
[387]*387“Q. What was Mr. Hartman doing at the time immediately before the accident?
“A. He was sleeping.
“Q. How long approximately had he been asleep?
“A. He fell asleep just outside of Wapakoneta.
“Q. Did you see any lights on the roller?
“A. No, there wasn’t any.
“Q. Did you see the roller at all before you hit it?
“A. No.”

On cross-examination, record page 65, the same witness testified:

“Q. Now, when you enter the zone ‘30 mile — slow,’ how fast were you driving?
“A. I would say I might have been doing a little more than thirty.
“Q. You were going between forty — forty-five, and higher?
“A. I didn’t look at the speed — I might have been doing thirty-five — I might have been doing forty — I don’t know.
“Q. You do know you were driving faster than thirty?
“A. I don’t know.
“Q. You say that you were blinded by the lights of an approaching car?
“A. That’s right.
“Q. And you used your foot button to warn him to dim?
“A. Yes.
“Q. And in the process you slipped into this soft muck—
“A. I didn’t slip — I just pulled over to the edge of the road too far.
“Q. Yes, you pulled off the edge of the road too far and got into that soft ground and landed against the roller?
“A. That’s correct.
“Q. You said you didn’t see a light?
“A. I said there wasn’t no light.
“Q. I say this — if there had been a light on it, the accident would have happened anyway?
“MR. GARMHAUSEN: Object.
“THE COURT: If you actually know, you may answer — if you don’t you don’t have to answer.
“A. That would be hard to say. That would be a hard question to answer. If it had had lights on it, I would have saw it and possibly I may not have pulled to the right so far.
“Q. I’ll ask you if you did not say in this courtroom before ‘There could have been a light on it (referring to the road roller) and I could have hit it anyway’?
“A. That’s possible — I made that statement.
[388]*388“Q. Did you make that statement?
“A. I did.”
On redirect examination, the same witness, record page 71:
“Q. George, Mr. Forsyth asked you whether you had made this statement ‘Well, I was blinded by this car’s lights — there could have been a light on it, and I could have hit it anyway.' Now, I’ll ask you whether this is not a part of the same answer to the same question, and that the full answer reads as follows: ‘Well, I was blinded by this car’s lights — there could have been a light on it and I could have hit it anyway. I really don’t know whether I could have saw it or not’?
“MR. FORSYTH: Object.”

Objection overruled.

“Q. Is that not the whole answer that you gave to that question?
“A. Yes, sir.”

A verdict was rendered by the jury in favor of the plaintiff and judgment was duly entered thereon.

The errors assigned relate to the Court’s overruling the defendants’ motions for a directed verdict at the close of the plaintiff’s evidence, and also at the close of all of Che evidence, and motion for judgment notwithstanding the verdict and motion for a new trial. It is also urged that the verdict is not sustained by sufficient evidence and is contrary to law. All of these alleged errors are grounded upon the question as to whether or not the negligence of the defendants in failing to have proper lights on the roller was a proximate cause of the injuries sustained by the plaintiff. Ordinarily the issue of causation is for the determination of the jury and it is not for the Court to substitute its reasoning for that of the jury in a field which belongs peculiarly to the latter. Baldridge v. W. Gas Co., 154 Oh St 453. In Tolliver v. City of Newark, 145 Oh St 517, at page 526, the Court says:

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Bluebook (online)
122 N.E.2d 646, 68 Ohio Law. Abs. 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartman-v-hinton-ohioctapp-1953.