Leach v. Estate of Dahl

419 N.W.2d 93, 1988 Minn. App. LEXIS 25, 1988 WL 6118
CourtCourt of Appeals of Minnesota
DecidedFebruary 2, 1988
DocketC2-87-1173, C4-87-1174, C1-87-1195, C3-87-1196, C0-87-1284, C3-87-1554, C9-87-1963 and C4-87-1966
StatusPublished
Cited by2 cases

This text of 419 N.W.2d 93 (Leach v. Estate of Dahl) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leach v. Estate of Dahl, 419 N.W.2d 93, 1988 Minn. App. LEXIS 25, 1988 WL 6118 (Mich. Ct. App. 1988).

Opinions

OPINION

RANDALL, Judge.

On December 10, 1985, a multi-vehicle accident occurred on Highway 52 between Rochester and Marion Township in southern Minnesota. The accident resulted in numerous personal injury lawsuits and three wrongful death claims. The injured individuals and the personal representatives of the deceased sued Stroman, Towne, Dahl and Deyo.1 The trial was bifurcated, [96]*96with liability and damages to be separately tried.

At the end of the liability portion of the trial the jury returned a verdict of no liability. All appellants moved for JNOV or, in the alternative, a new trial. The trial court denied the motions. The injured parties appeal. We reverse and remand for a new trial as to respondent Stroman.

FACTS

On the morning of December 10, 1985, a major storm left Highway 52 between Rochester and Marion Township completely covered with ice and snow. Various witnesses testified it was impossible to see the center line or distinguish the shoulder from the road. A line of cars was traveling in the southbound lane at a speed of approximately 35 miles per hour.

A car driven by witness James Schott was just ahead of respondent Laurel Stro-man. Stroman testified she was traveling 35 to 37 miles an hour when the right tires of her car slid off the road and onto the shoulder. She did not immediately try to get back up on the highway. After traveling about “a block,” Stroman determined that she would have to pull back up on the road because she was approaching a mailbox. She believed she would hit the mailbox if she did not pull her right tires back onto the road.2

As Stroman tried to pull her car up over the lip of the road to get her right tires back onto the roadway, she began to swerve. She skidded across the center line, into the oncoming lane. She knew the ditch on the left side of the road was a drop off, and she made a conscious effort to steer her car back over the center line toward the right side of the road. As she was coming back into her own lane, Stro-man looked up and, for the first time, noticed Towne’s semi approaching in the opposite lane. A witness testified the semi was “hogging the road.” At one point, Stroman thought she would be able to avoid colliding with the semi, but could not. The bumper of the semi collided with the left rear quarter panel of Stroman’s car. After colliding with Stroman’s car, Towne’s semi jackknifed and continued to slide in a jackknifed position.

Towne’s semi collided head on with a commuter van owned by “Root River Riders.” The van’s driver, Sharon Dahl, and a van passenger, Raye Anne Leach, were killed. The remaining van passengers, Sheila Buenger, Alice Buenger, Annette Kiefer, Barbara Eickhoff, Susan Hovey, Joyce Every, Lois Moore, and Cindy Frank, were injured. A car driven by Gary Deyo then struck the semi, killing Bradley Hart, a passenger in the vehicle, and injuring Deyo and another passenger (passenger not a party to this suit).

Witness Rebecca Severson, whose car was between Stroman and the commuter van, managed to avoid the collision by pulling onto the shoulder. Witness Schott testified that the semi driven by Towne was over the center line as it approached the accident scene. Schott avoided colliding with the semi by pulling over to the right; however, he stopped and watched through his rear view mirror anticipating trouble.

Stroman testified that she had driven that portion of Highway 52 every day for three or four months prior to December 10. She knew there was a “lip” formed by the [97]*97road and the shoulder at that point on the highway. Towne testified that he was in his own lane of traffic when he struck Stroman and that the collision with Stro-man caused his semi to pull into the northbound lane and jackknife. He testified that the impact with Stroman knocked him on his side and disabled his steering mechanism. Testimony at the trial indicated that some of the tires on the right side of his semi had approximately Vw inch tread. The Severson vehicle, traveling behind Stro-man, was able to avoid a collision.

Sheila Buenger, a passenger in the commuter van, testified that the van was traveling a short distance behind the Severson vehicle, although her view was somewhat obstructed by the Severson vehicle and by her position in the van. Severson testified that she saw the semi just before it collided with the van and noticed the driver sitting behind the wheel. She also testified that Dahl pumped the brakes three times but, at least in Severson’s opinion, Dahl “froze” right before impact with the semi.

Deyo testified that he was driving about 35 miles per hour, a short distance behind the van. He testified that his only opportunity to avoid the accident was to turn to the left, at which point he collided with the semi’s right rear tires.

At trial, the plaintiffs tried to admit a video tape taken at the scene a few minutes after the accident by a local television station. The tape, among other things, showed victims lying in the snow, a deceased victim covered with a blanket, an emergency helicopter landing and taking off, and the emergency crew using a “jaws of life” tool to remove victims from the van. The tape contained an interview with Towne. After an initial viewing, the court refused to allow admission of the tape, finding it highly prejudicial and irrelevant. Appellants offered to edit the tape; however, after a second viewing the court again excluded it as prejudicial and irrelevant to liability, which was the only issue being litigated.

During the course of the trial, several items of evidence were admitted for illustrative purposes only, including an aerial photo, a cut away model of new and worn tractor tires, and several freehand drawings made by witnesses during their testimony.

While deliberating, the jury asked that the aerial photograph be brought into the jury room. The court denied the jury’s request, and refused to allow any of the illustrative exhibits into the jury room.

The jury found that none of the respondents were negligent. Appellants moved for judgment notwithstanding the verdict (JNOY), or, in the alternative, a new trial. An earlier request for a Schwartz hearing was withdrawn.

ISSUES

1. Did the trial court err by denying appellants’ motion for JNOV or a new trial on the issue of Stroman’s liability?

2. Did the trial court err by denying appellants’ motion for JNOY or a new trial on the issue of Towne’s liability?

3. Did the trial court err by denying appellants’ motion for JNOV or a new trial on the issue of Dahl’s liability?

4. Did the trial court err by instructing the jury to determine whether respondents were negligent “at the time of the accident?”

5. Did the trial court err by refusing to admit a videotape of the accident scene or by refusing to permit the jurors to take aerial photographs of the location into the jury room?

ANALYSIS

Standard of Review

The standard of review for JNOV is “whether there is any competent evidence reasonably tending to support the verdict.” Peppin v. W.H. Brady Co., 372 N.W.2d 369, 374 (Minn.Ct.App.1985) (citation omitted).

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Related

Beniek v. Textron, Inc.
479 N.W.2d 719 (Court of Appeals of Minnesota, 1992)
Leach v. Estate of Dahl
419 N.W.2d 93 (Court of Appeals of Minnesota, 1988)

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Bluebook (online)
419 N.W.2d 93, 1988 Minn. App. LEXIS 25, 1988 WL 6118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leach-v-estate-of-dahl-minnctapp-1988.