McCauley v. Briggs

355 N.W.2d 508, 218 Neb. 403, 1984 Neb. LEXIS 1231
CourtNebraska Supreme Court
DecidedOctober 5, 1984
Docket83-570
StatusPublished
Cited by10 cases

This text of 355 N.W.2d 508 (McCauley v. Briggs) 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
McCauley v. Briggs, 355 N.W.2d 508, 218 Neb. 403, 1984 Neb. LEXIS 1231 (Neb. 1984).

Opinions

Per Curiam.

Plaintiff, Ruth D. McCauley, brought this action for personal injuries and damages resulting from a collision between a motor vehicle in which she was a passenger and a tractor-trailer rig being driven by defendant Mike H. Weyer while within the scope of his employment with defendant John [404]*404Briggs, doing business as Briggs Brokerage. After jury trial the jury returned a verdict in favor of defendants. Plaintiff appeals from the trial court’s denial of her motion for new trial, assigning error in the following respects: (1) That the trial court refused to sustain plaintiff’s motion for a directed verdict on the issue of liability; (2) That the trial court failed to instruct the jury concerning the status of plaintiff as a passenger; and (3) That the trial court failed to instruct the jury that any negligence of the driver of the car in which plaintiff was a passenger could not be imputed to plaintiff. For the reasons hereinafter set out we affirm.

At the time of the accident on February 10,1977 (a clear, dry day), plaintiff was a passenger in an automobile jointly owned by plaintiff and her husband and being driven by her husband, Robert McCauley. The McCauleys were traveling west on Interstate 80, and at approximately 6:40 p.m. were at a point just west of the Seward interchange in Seward County, Nebraska. They were returning to their home in Grand Island, Nebraska, after a day’s shopping in Lincoln. At this point Interstate 80 is a divided four-lane highway, with two lanes westbound and two eastbound. Mr. McCauley was proceeding in the north or driving lane at about 55 miles per hour when he reached the crest of a hill and became aware of flashing red lights about one-quarter of a mile ahead of him and coming toward him. From the crest to the bottom of this hill was approximately four-tenths of a mile. Mr. McCauley testified that “when I saw the flashing red lights, I looked in my side mirror and I saw no vehicles behind me, I put on my turn signals and moved over to the passing lane then I immediately let up on my foot feed so I could slow the vehicle down.” The driver then testified that he had traveled in the passing lane for about an eighth of a mile when the car was struck in the rear by defendants’ rig.

The origin of the red lights coming toward Mr. McCauley was explained by a state highway patrolman. Earlier on the day of the accident, a semitrailer going east on the Interstate had blown its left front tire and had gone out of control across the median, across the westbound lanes, and into the ditch north of the westbound lanes. The semitrailer rolled over and spilled its [405]*405cargo. Another semitrailer came to the scene, and the spilled cargo was reloaded, over a period of several hours, into the second semitrailer. The reloading was done while the second semitrailer was parked on the north shoulder, facing east. When the reloading was completed, the highway patrolman, in his patrol car with the overhead red lights flashing, started to lead the loaded semitrailer east on the north shoulder. The patrolman proceeded in front of the semitrailer “to warn oncoming traffic that there was something unusual that would be coming to be facing traffic on the shoulder of the roadway.” The plan was to proceed to the “next rock-crossover on the interstate” and get the eastbound semitrailer from the westbound lanes into its proper eastbound lanes so that it could finish its trip to the east.

The patrol vehicle and the semitrailer went east on the north shoulder up a grade, and as the patrol car was near the crest of the hill the patrolman became aware of the accident which is the subject of this case. The highway patrolman testified the McCauley-Weyer accident occurred about two-tenths of a mile to the west of the patrolman as he neared the crest of the hill while proceeding from the west.

Defendant Weyer testified that he was driving defendant Briggs’ tractor-trailer rig, weighing approximately 72,000 pounds, west on the Interstate and that he was first informed of the possibility of a traffic problem when a driver going east on the Interstate told him over his CB radio that there was an accident further down the road beyond, or west of, the Seward interchange. At this time Weyer was east of that interchange. When he heard the CB message telling him to “get in the left lane,” Weyer testified he moved from the north or driving lane to the south or passing lane of westbound Interstate 80, and slowed down a little bit. He then approached the crest of the hill, and as he got to the top of the hill he could see the highway patrol car going east on the north shoulder with a semitrailer rig behind him, also going east.

At approximately the same time, Weyer testified, there was a station wagon, which later turned out to be the McCauley vehicle, just ahead of him in the north or driving lane. Weyer testified that as he approached the McCauley station wagon [406]*406from the rear, he could not recall if the station wagon’s taillights or driving lights were on but that the station wagon pulled over in front of Weyer when the red lights of the patrol car became visible as the station wagon and the Weyer rig passed the top of the hill. Weyer further testified that the McCauley vehicle’s brake lights did not come on but that the McCauley vehicle slowed as if the driver had taken his foot off the accelerator. Before this time and since he had reached the crest of the hill, Weyer had not applied his brakes in an effort to slow down. Weyer testified that he immediately put on his tractor-trailer brakes when he saw the station wagon turn into his lane and slow down. It is undisputed that there were 84 feet of truck tire skid marks up to the apparent point of impact, and 176 feet of truck skid marks from that point of impact to the point where the two vehicles, still hooked together by the front bumper of the tractor-trailer rig and the rear of the station wagon, came to rest.

The general rule in Nebraska is that it is negligence as a matter of law for a motorist to drive a motor vehicle on the highway in such a manner that he is unable to stop in time to avoid a collision with an object within the range of his vision. Duling v. Berryman, 193 Neb. 409, 227 N.W.2d 584 (1975); Maurer v. Harper, 207 Neb. 655, 300 N.W.2d 191 (1981).

There are, of course, exceptions to the general rule, but the applicability of the rule, as a matter of law, depends on the individual circumstances and is for the court’s initial determination. Bartosh v. Schlautman, 181 Neb. 130, 147 N.W.2d 492 (1966). In Bartosh, supra at 133, 147 N.W.2d at 495, we said:

The so-called general rule is a rule of law which, from its inception in Roth v. Blomquist, 117 Neb. 444, 220 N.W. 572, 58 A.L.R. 1473, has been stated as being subject to many exceptions. The exceptions are discussed and referred to in Robins v. Sandoz, 177 Neb. 894, 131 N.W.2d 648, and in Guynan v. Olson, supra. To say the least, it is difficult to determine the exact extent to which the exceptions have undercut the general rule, but we have consistently announced our adherence to it. The general rule is not an automatic rule of thumb nor a rigid formula [407]*407to be applied regardless of circumstances.

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McCauley v. Briggs
355 N.W.2d 508 (Nebraska Supreme Court, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
355 N.W.2d 508, 218 Neb. 403, 1984 Neb. LEXIS 1231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccauley-v-briggs-neb-1984.