Hueper v. Goodrich

263 N.W.2d 408, 1978 Minn. LEXIS 1399
CourtSupreme Court of Minnesota
DecidedFebruary 10, 1978
Docket47288, 47289
StatusPublished
Cited by11 cases

This text of 263 N.W.2d 408 (Hueper v. Goodrich) 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
Hueper v. Goodrich, 263 N.W.2d 408, 1978 Minn. LEXIS 1399 (Mich. 1978).

Opinion

WAHL, Justice.

These appeals are taken from an order of the trial court denying defendants’ motions for judgment notwithstanding the special verdict or, alternatively, for a new trial. We affirm.

*410 Bruce Hueper, the 13-year-old son of Emil and Sharon Hueper, was seriously injured on August 15, 1974, while riding as a passenger in a 1971 Dodge truck owned by Arland Gregor and being driven by Emil Hueper. The Gregor truck collided with a 1973 Ford tandem truck owned by Dean Goodrich and being driven by John M. Neu-bauer. Plaintiff Bruce Hueper brought suit for his personal injuries and special damages against defendants Neubauer and Goodrich. Plaintiffs Emil Hueper and Sharon Hueper brought suit for personal injuries, loss of services, and other special damages against the same defendants. In the Bruce Hueper case, Goodrich and Neu-bauer impleaded Emil Hueper and Arland Gregor as third-party defendants.

The two cases were consolidated for trial and tried to a jury on the sole issue of negligence. The jury found that both drivers were negligent; attributing 85 percent of the negligence to Neubauer, the driver of the Goodrich truck, and 15 percent of the negligence to Emil Hueper, the driver of the Gregor truck.

The accident giving rise to this litigation occurred in the late morning of August 15, 1974, at the intersection of Minnesota Highway No. 30 and Waseca County Road No. 3 in Waseca County. Both County Road No. 3 and Highway No. 30 are two-lane blacktop highways, each 24 feet in width. There is a turning apron at this intersection for westbound vehicles turning south, and northbound vehicles turning east.

Neubauer was proceeding in a westerly direction on Highway No. 30, intending to turn left, or south, at the intersection of County Road No. 3. Emil Hueper was proceeding in an easterly direction on Highway No. 30, intending to continue in that direction through the intersection.

As the trucks approached the intersection, Neubauer reduced the speed of the Goodrich truck to approximately 30 miles per hour and signaled a left turn. He observed the oncoming Gregor truck and believed that it was going to turn to its left, or north, on County Road No. 3 because he thought its left-turn signal was blinking. Emil Hueper testified that he knew the Goodrich truck was slowing down and was signaling a left turn in front of him. He also testified that at no time was his own left-turn signal operating and that he proceeded straight through the intersection without slowing down.

Neubauer turned the Goodrich truck to the left in front of the Gregor truck and was struck broadside near the rear of the cab. Both trucks caught fire as a result of the collision.

At trial, various witnesses testified on the issue of whether the Gregor vehicle’s left-turn signal was operating prior to and at the time of the accident. State trooper Myron Lofgren, who testified as an expert, stated that in his opinion the left-turn signal was not operating prior to and at the time of the accident. Dr. Ordean Anderson, an engineering specialist, was of the opinion that the left-turn signal was operating pri- or to and at the time of the accident.

State troopers Philip Hodapp and Ted Mikle, who had removed the left-turn signal bulb from the Gregor truck at the scene of the accident and examined it briefly by naked eye, were permitted to testify, over objection, that the left-turn signal was not operating at the time of the accident. Also, over objections, the third-party defendants introduced still photographs of a different but identical 1971 Dodge truck, which showed the operation of the left-turn signal at 1200, 500, and 100 feet, and a movie of that same truck under circumstances which differed from those at the time of the accident.

The court denied defendants’ requested instruction on unavoidable accident and instructed the jury that it must find one, or the other, or both drivers negligent. Defendants took exception to this instruction.

The appeals raise three issues: (1) Whether the trial court erred in allowing state troopers Hodapp and Mikle to testify, as experts, on the issue of whether the left-turn signal in the Gregor truck was on at the time of the accident; (2) whether the trial court abused its discretion in allowing *411 into evidence two photographs and a movie, which illustrated the left-turn signal on a truck which was not the one involved in the accident, but which was identical to it; and (3) whether the trial court erred in instructing the jury that “[tjhere was negligence in this accident and you must find only one or the other or both drivers negligent.”

1. Defendants’ first claim of error is that the trial court abused its discretion in permitting state troopers Philip Hodapp and Ted Mikle to testify, as experts, that the left-turn signal was not on at the time of the accident. There seems to be no argument that the subject of whether the left-turn signal was on or off at that time was a proper subject for expert testimony. Rather, defendants claim that the troopers lacked adequate knowledge, training, experience, and expertise to be of significant help to the jury in determining whether the left-turn signal was on or off. This contention is without merit.

The determination of whether a witness is sufficiently qualified to testify as an expert is left to the sound discretion of the trial court, whose ruling will not be reversed unless it is based on an erroneous view of the law or is clearly not justified by the evidence. Hagen v. Swenson, 306 Minn. 527, 236 N.W.2d 161 (1975); Kastner v. Wermerskirschen, 295 Minn. 391, 205 N.W.2d 336 (1973). It is generally not necessary that an expert witness be the most qualified person in his field in order to render his opinions at trial. All that is necessary is that he have some specialized knowledge or training which will be of some assistance to the jury. Palmer v. Order of United Commercial Travelers, 191 Minn. 204, 253 N.W. 543 (1934); 7 Wigmore, Evidence (3 ed.) § 1923. That knowledge may be gained through formal education or through years of occupational experience. Kastner v. Wermerskirschen, 295 Minn. 391, 394, 205 N.W.2d 336, 338; Beckman v. Schroeder, 224 Minn. 370, 377, 28 N.W.2d 629, 633 (1947).

In the instant case the evidence shows that troopers Hodapp and Mikle had a combined total of 38 years of experience in the field of accident investigation. Each had investigated 30 to 50 accidents per year as the primary investigator, and had assisted in an additional 30 to 50 accidents per year. Each officer had taken an extensive accident reconstruction course, part of which was allocated to the effect automobile collisions have on turn-signal light filaments. Each had been involved in investigating about five or six accidents in which the examination of vehicular light bulbs was required.

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Bluebook (online)
263 N.W.2d 408, 1978 Minn. LEXIS 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hueper-v-goodrich-minn-1978.