Martin v. Roth

568 N.W.2d 553, 252 Neb. 969, 1997 Neb. LEXIS 186
CourtNebraska Supreme Court
DecidedAugust 8, 1997
DocketS-95-1180
StatusPublished
Cited by11 cases

This text of 568 N.W.2d 553 (Martin v. Roth) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Roth, 568 N.W.2d 553, 252 Neb. 969, 1997 Neb. LEXIS 186 (Neb. 1997).

Opinions

Connolly, J.

The appellants, Marguerite “Peg” Martin (Martin) and her husband, Roy Martin, brought this consolidated personal injury and loss of consortium action against the appellee, Brad J. Roth, whose vehicle collided with the rear end of Martin’s vehicle after sliding on gravel. The district court for Douglas County denied the Martins’ motions for a directed verdict on the issue of liability and for a new trial. The Nebraska Court of Appeals affirmed the judgment in an unpublished memorandum opinion filed January 24, 1997. We granted the Martins’ petition for further review and now reverse, concluding that Roth violated the “range of vision” rule when he rear-ended the Martins’ vehicle. We also determine that under the facts of this case, neither the “indiscernible object” nor the “sudden stop” exception to the range of vision rule exists, and that the district court should therefore have directed a verdict on the issue of liability in favor of the Martins.

FACTS

On December 30, 1989, Martin had just driven through the intersection of West Center Road and 132d Street in Omaha, [971]*971Nebraska, heading east, when she was forced to come to a stop because the cars ahead of her stopped. Roth was also eastbound on West Center Road, two cars behind Martin’s vehicle. When the car between Martin and Roth switched lanes, Roth came upon Martin’s stopped car and applied his brakes like he “normally would behind traffic,” but his vehicle slid on gravel and collided with the rear end of Martin’s vehicle. Roth’s vehicle was then struck by a third vehicle, the driver of which is not a part of this action.

Martin brought suit against Roth for injuries allegedly sustained as a result of the collision. Roy Martin also brought suit against Roth for loss of consortium allegedly suffered as a result of the collision. The two cases were consolidated for trial.

Evidence of the weather conditions on the day of the collision established that it was a damp, overcast day. Roth testified that the temperature was approximately 30 degrees and that “there wasn’t ice everywhere but we had some ice the night before,” although there was no ice at the location of the collision. Roth further testified that on the day in question, he had traveled from the Millard area and had not encountered any gravel which caused him to lose traction. However, Roth did acknowledge his familiarity with the use of gravel on icy roads in Omaha:

Q.... Would you consider the rock a condition that you had to deal with on that particular day, the gravel?
[Objection overruled]
A. Definitely, yes.
Q... . And [the collision] was in December; is that correct, also, the accident?
A. Yes.
Q. Had there been some snow and/or ice just sometime generally previous to that?
A. A couple days before, yes.
Q. Okay. Are you generally familiar with the fact that in Omaha, they put down sand and gravel in order to allow autos to have better tread when there is snow, that type of thing?
A. Sure.
[972]*972Q. And are you generally — were you generally familiar at the time that when the snow melts and the ice melts or almost melted off, that there is some residual gravel around the streets during the winter months?
A. Yes.

At the conclusion of all the evidence, the Martins moved for a directed verdict on the issue of liability. The district court denied the motions and submitted the case to the jury. The jury returned verdicts in favor of Roth in both cases. The Martins subsequently filed motions for new trial, which were also overruled.

On appeal, the Nebraska Court of Appeals affirmed, stating in its memorandum opinion that

[w]e conclude that, based upon [the testimony adduced at trial], Roth did not have any reason to expect the gravel upon the road and there was nothing to place Roth on specific notice that the road would be slippery because of the “unusual amount” of gravel. It cannot be said, as a matter of law, that Roth should have anticipated the presence of the gravel on which his vehicle slid in time to have avoided colliding with Peg’s vehicle. [Citation omitted.] As such, the district court properly refused to direct a verdict on the issue of liability.

ASSIGNMENTS OF ERROR

Rephrased, the Martins allege that the Court of Appeals erred in (1) failing to reverse and remand the trial court’s refusal to direct a verdict on the issue of liability in favor of the Martins based on the range of vision rule and (2) failing to grant the Martins’ motions for new trial due to the trial court’s failure to direct a verdict on the issue of liability.

STANDARD OF REVIEW

A directed verdict is proper at the close of all the evidence only where reasonable minds cannot differ and can draw but one conclusion from the evidence, that is to say, where an issue should be decided as a matter of law. Ethanair Corp. v. Thompson, ante p. 245, 561 N.W.2d 225 (1997); Hawkes v. Lewis, ante p. 178, 560 N.W.2d 844 (1997). The party against [973]*973whom a verdict is directed is entitled to have every controverted fact resolved in his or her favor and to have the benefit of every inference which can reasonably be drawn from the evidence. If there is any evidence which will sustain a finding for the party against whom the motion is made, the case may not be decided as a matter of law. Hoover v. Burlington Northern RR. Co., 251 Neb. 689, 559 N.W.2d 729 (1997); Sedlak Aerial Spray v. Miller, 251 Neb. 45, 555 N.W.2d 32 (1996).

ANALYSIS

The Martins contend that the district court was required, pursuant to the range of vision rule, to grant their motions for directed verdict on the issue of liability. Roth disagrees, contending that reasonable minds could differ and draw more than one conclusion from the evidence with respect to whether the facts of the instant case bring Roth’s actions within one of the exceptions to the range of vision rule.

According to the range of vision rule, “a motorist is deemed negligent as a matter of law if he or she operates a motor vehicle in sqch a manner as to be unable to stop or turn aside without colliding with an object or obstruction in the motorist’s path within his or her range of vision.” Traphagan v. Mid- America Traffic Marking, 251 Neb. 143, 152, 555 N.W.2d 778, 785 (1996). An exception to this rule exists when a motorist, otherwise exercising reasonable care, does not see an object or obstructioh sufficiently in advance to avoid colliding with it because it is.similar in color to the road surface and relatively indiscernible. Traphagan v. Mid-America Traffic Marking, supra; Nickell v. Russell, 247 Neb.

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Martin v. Roth
568 N.W.2d 553 (Nebraska Supreme Court, 1997)

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Bluebook (online)
568 N.W.2d 553, 252 Neb. 969, 1997 Neb. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-roth-neb-1997.