Lankalis v. McClanahan

27 Pa. D. & C.3d 463, 1982 Pa. Dist. & Cnty. Dec. LEXIS 159
CourtPennsylvania Court of Common Pleas, Carbon County
DecidedDecember 10, 1982
Docketno. 79 S 118
StatusPublished

This text of 27 Pa. D. & C.3d 463 (Lankalis v. McClanahan) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Carbon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lankalis v. McClanahan, 27 Pa. D. & C.3d 463, 1982 Pa. Dist. & Cnty. Dec. LEXIS 159 (Pa. Super. Ct. 1982).

Opinion

LAVELLE, P.J.,

— This case arises from a collision involving an automobile driv[464]*464en by plaintiff and a truck driven by defendant Orville McClanahan which occurred on March 10, 1977. Defendant D. F. Bast, Inc. is owner of the truck and employer of defendant McClanahan.

A jury hearing the case on January 22 and 23, 1981 returned a verdict for the defendants. Before us is plaintiffs motion for a new trial. ¡

I. FACTS

The evidence reveals that plaintiff, travelling in a southerly direction along Legislative Route 13006, reached the intersection of Route 443 on the morning of March 10, 1977, at approximately 9:00 a.m. At the same time, defendant Orville McClanahan was approaching the same intersection, heading ■ west along Route 443.

The intersection is located at Normal Square in Mahoning Township, Carbon County. It is controlled by a blinking traffic light, which flashes red along Legislative Route 13006 and yellow along Route 443. There is also a stop sign along Route 13006.

Plaintiff testified that he brought his vehicle to a complete stop a few feet from the mouth of the intersection. After waiting for traffic to clear, plaintiff looked to his right and left. To his left, his unobstructed view extended for a distance of 300 feet. Seeing no approaching traffic, he proceeded to turn left onto Route 443. .

Plaintiffs last recollection prior to colliding with defendant’s truck was of completing his turn and being in the eastbound lane of Route 443. He stated that he never saw defendant McClanahan, and was unable to testify as to where on the roadway the accident occurred.

Alfred Baldwin testified on plaintiffs behalf that he observed plaintiffs vehicle approach the inter[465]*465section along Legislative Route 13006, and proceed onto the eastbound lane of Route 443, to a point just beyond the intersection. He did not observe plaintiff bring his vehicle to a stop at the intersection, nor did he witness the actual collision. In fact, he neither saw nor heard defendants’ truck prior to impact.

Plaintiffs final witness, Edward Kennedy, testified that he was driving east along Route 443 at the time of the accident. He had proceeded approximately 80-90 yards beyond the intersection of Legislative Route 13006 when he first observed defendant McClanahan’s truck, approaching him from a distance of about 100 yards. Thus, defendant McClanahan was at this point approximately ISO-190 yards from the intersection.

It was Mr. Kennedy’s observation that defendánt McClanahan was travelling at an “extremely excessive rate of speed”, which he estimated to be between 65 and 70 miles per hour. As defendant McClanahan approached him, Mr. Kennedy heard the truck’s brakes squeal and saw the load of steel I-beams secured to defendant’s flatbed trailer shift. The sight of the I-beams swinging caused Mr. Kennedy to bring his car to a stop in his lane of traffic.

The remainder of Mr. Kennedy’s observations were made through his rear view mirror. He watched the beams continue to shift, while the truck became, in Mr. Kennedy’s words, “more disoriented”, with the cab and the trailer in “erratic” positions.

'Meanwhile, Mr. Kennedy noticed plaintiff come to the intersection and complete his turn onto the westbound lane of Route 443. He did not, however, observe plaintiffs stop at the intersection. According to Mr. Kennedy’s testimony, plaintiff was completely in the eastbound lane and slightly east of the intersection when the collision occurred.

[466]*466Defendants produced five eyewitnesses to the accident, Terri Rex, Bruce Steigerwalt, Alan Fronheiser, Michael Pascoe and Archie Stein. All testified that impact occurred in the westbound lane of Route 443 within the intersection of Legislative Route 13006. In addition, Gertrude Stein, a passenger in the car driven by her husband, Archie Stein, testified that, while she did not observe the collision, she did watch plaintiff proceed onto Route 443 without stopping at the intersection of Legislative Route 13006.

David J. Shorr, a .professional engineer qualified as an expert in the field of highway safety and accident reconstruction, testified on defendant’s behalf. In response to the facts supplied in a hypothetical question posed by defense counsel, Professor Shorr concluded that defendants’ truck at no time left its own westbound lane prior to impact. Professor Shorr further testified with reasonable engineering certainty that impact occurred within the intersection, in the westbound lane of Route 443. At this point, he opined plaintiffs car was slightly in the eastbound lane, but primarily in the westbound lane.

According to Professor Shorr, photographic evidence in the case precluded the possibility of sideswipe damage to plaintiffs car. It was his opinion that there was not a broadside hit on plaintiffs vehicle. Rather, impact was at an angle, although Professor Shorr was unable to calculate the exact size of the angle.

Also called as a witness for the defendants was David A. Ebbert, Mahoning Township Chief of Police. Chief Ebbert arrived at the scene of the accident within minutes of the collision. It was his opinion, based upon debris and marks on the highway, that the point of impact was approximately three- [467]*467and-one-half feet north of the centerline in the westbound lane of Route 443, at the center of Legislative Route 13006.

Defendant McClanahan testified that the intersection of Legislative Route 13006 first came into his view from approximately 2,000 feet away as he approached from the east along Route 443. At this point, he was travelling approximately 40 to 45 miles per hour, with no traffic between his truck and the intersection.

When defendant McClanahan was within 200 feet of the intersection, he first saw plaintiffs car. At this point defendant McClanahan was travelling at a speed of 30 to 35 miles per hour. Plaintiff, meanwhile, was 2 car lengths from the intersection of Route 443, approaching from the north along 'Legislative Route 13006.

According to defendant McClanahan, plaintiff simply continued into the iritersection without stopping. When plaintiff entered the intersection, defendant McClanahan was approximately 100 feet away. At this point, he applied his brakes and turned to the right. By the time he turned to avoid hitting plaintiff, however, his truck was already in the intersection.

Defendant McClanahan’s testimony was that plaintiff entered the intersection just before his truck1 It was not until he himself entered the intersection that defendant McClanahan knew a collision with plaintiffs car was inevitable. At the point of impact, defendant McClanahan testified that plaintiffs car was blocking his own lane of travel.

[468]*468DISCUSSION

The sole issue before us2 is whether we erred in refusing to charge the jury on the assured clear distance rule. Based upon a thorough review of the trial record and careful consideration of applicable case law, we conclude that our refusal to so charge was correct.

Originally, a common law principle, the assured clear distance rule has been codified by the Vehicle Code, which provides, inter alia, that “no person shall drive a vehicle. . .

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27 Pa. D. & C.3d 463, 1982 Pa. Dist. & Cnty. Dec. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lankalis-v-mcclanahan-pactcomplcarbon-1982.