Jones v. Sanilac County Road Commission

342 N.W.2d 532, 128 Mich. App. 569
CourtMichigan Court of Appeals
DecidedSeptember 13, 1983
DocketDocket 59434
StatusPublished
Cited by4 cases

This text of 342 N.W.2d 532 (Jones v. Sanilac County Road Commission) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Sanilac County Road Commission, 342 N.W.2d 532, 128 Mich. App. 569 (Mich. Ct. App. 1983).

Opinions

Allen, J.

Plaintiff filed suit in her individual and representative capacities against the Sanilac [575]*575County Road Commission and Bridgehampton Township for personal injuries and the wrongful death of her husband, which occurred as a result of a January 15, 1977, automobile accident. Plaintiff claimed that her injuries were the result of the defective and unsafe condition of the intersection of Maple Grove Road and Nichol Road, both county roads under the jurisdiction of the Sanilac County Road Commission (hereinafter defendant). A directed verdict in favor of Bridgehampton Township was granted and is not at issue in this appeal. Following a two-week jury trial in May, 1981, the jury returned a verdict in favor of plaintiff estate for $700,000, which was reduced by the 15% comparative negligence attributed by the jury to decedent and by $20,000, which represented the settlement obtained from a suit involving the other driver, Matthew Bye. Plaintiff received $75,-000 for her individual injuries, which amount was reduced by $19,500 received in settlement from the Bye estate. The total damage award was $630,500. Defendant’s motions for new trial, judgment notwithstanding the verdict and remittitur were denied by an order entered on August 3, 1981.

Defendant appeals as of right raising seven issues. Plaintiff cross-appeals as of right raising one issue. We first address the issues raised by defendant.

I

Did the trial court err by requiring defense COUNSEL TO REFER TO PLAINTIFF BY HER FORMER MARRIED NAME RATHER THAN HER CURRENT MARRIED NAME?

Prior to trial plaintiff filed a motion in limine to determine whether plaintiff should be addressed at trial as "Jo Ann Jones” (her previous married [576]*576name) or "Jo Ann Hall” (her current married name). Evidence of plaintiff’s remarriage may not be used to determine damages suffered by the plaintiff upon the death of her spouse. However, the plaintiff will not be permitted to affirmatively misrepresent her marital status to the jury. The plaintiff should be addressed by whatever name she regularly uses, whether it be her birthname, her name from a prior marriage, or the name of her present husband. Wood v Detroit Edison Co, 409 Mich 279; 294 NW2d 571 (1980).

Evidence presented at a hearing on the matter showed that many accounts and records were maintained in the name of Jo Ann Jones and several of plaintiff’s friends and co-workers who knew her previous to her remarriage referred to plaintiff as Jo Ann Jones. Based on this evidence the trial court concluded that plaintiff still maintains an identity under the name of Jones and, therefore, that it would be proper to address her by that name at trial.

However, it is the name which plaintiff herself uses that should be the appropriate form of address. Plaintiff regularly uses the name Hall and although for some purposes, such as her insurance checks, the mortgage for her farm land and loan papers on her current residence, she uses the name Jones, all those occurrences happened prior to her marriage in 1978. We believe that the court erred, and that under Wood, supra, plaintiff should have been referred to at trial as Hall. However, we do not believe that reversal is the proper remedy under the circumstances since: (1) plaintiff properly brought the motion before trial to avoid any impropriety or prejudice and the trial court made a ruling on this issue in her favor, (2) as determined by the trial court, interjection of plaintiff’s [577]*577remarriage would create prejudice and speculation on the part of the jury and (3) since plaintiffs remarriage was not relevant to the case, defendant was not prejudiced by the use of plaintiffs former name. We note that the Wood case involved an interlocutory appeal. The Court can easily correct an erroneous evidentiary ruling prior to trial where an application for leave to file an interlocutory appeal has been granted. However, due to the gravity of reversal once a trial is concluded, we will not reverse for an erroneous evidentiary ruling unless the appellant’s case was prejudiced.

II

Did the trial court erroneously admit the TESTIMONY OF DUANE DUNLAP AND THE INVESTIGATING POLICE OFFICERS?

At trial, plaintiff introduced evidence to illustrate that the intersection of Maple Grove and Nichol Roads was unsafe due to a visual obstruction in the southeast quadrant. There were no traffic control signs or speed signs at the intersection, which plaintiff argued were required for vision obstructed intersections under the standards established by the Association of State Highway and Transportation Officials and defendant’s rules. Both lay and expert witnesses testified that a vehicle proceeding westbound on Nichol Road and a vehicle proceeding northbound on Maple Grove Road would be unable to perceive the approaching traffic due to a ridge or rise in the southeast quadrant. The investigating officers, Sergeants Thomas and Kenny, gave testimony establishing the point of impact of the Jones and Bye vehicles and the results of a test conducted on January 16, 1977, to determine the sight distances at the intersection. The expert testimony of Duane Dunlap [578]*578was offered on sight distance of the intersection and speed of the vehicles.

A

Defendant argues that Duane Dunlap did not possess sufficient qualifications to testify as an expert in traffic engineering or accident reconstruction. The qualification of a witness as an expert is a matter for the discretion of the trial court and it is "incumbent on the person offering an expert witness to show that the witness possesses the necessary learning, knowledge, skill or practical experience to enable him competently to give such testimony”. Siirila v Barrios, 398 Mich 576; 248 NW2d 171 (1976). The decision of the trial court regarding the qualifications of an expert will not be reversed absent an abuse of discretion. Wood v Posthuma, 108 Mich App 226; 310 NW2d 341 (1981).

Dunlap has three engineering degrees. He worked at the Highway Safety Research Institute between 1969 and 1976, where he dealt with crash characteristics of roadside structure, problems with curve and grade combinations in roadways, and accident causation and reconstructions. Since 1976, Dunlap has worked as an independent consulting engineer. He has been involved in reconstructing approximately 100 to 200 accident cases, including 50 to 100 cases involving highway safety or design factors. He has written numerous articles concerning highway safety and is familiar with the basic standards promulgated by the American Association of State Highway and Transportation Officials regarding the design and maintenance of roadways. The record amply supports the trial court’s determination.

[579]*579B

Defendant argues that the police officers and Dunlap possessed insufficient knowledge of the pertinent facts to formulate conclusions relative to the cause of the involved automobile accident. Defendant argues that Sergeant Thomas’s opinion as to the point of impact was based on no credible evidence. Defendant further argues that Dunlap’s opinion as to the cause of the accident was rendered without an examination of the mechanical condition of the vehicles involved in the accident and a determination of the physical state of the involved drivers.

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386 N.W.2d 169 (Michigan Court of Appeals, 1986)
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Argenta v. Shahan
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Jones v. Sanilac County Road Commission
342 N.W.2d 532 (Michigan Court of Appeals, 1983)

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Bluebook (online)
342 N.W.2d 532, 128 Mich. App. 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-sanilac-county-road-commission-michctapp-1983.