Mets v. Granrud

606 P.2d 1384, 186 Mont. 265, 1980 Mont. LEXIS 657
CourtMontana Supreme Court
DecidedFebruary 26, 1980
Docket14775
StatusPublished
Cited by5 cases

This text of 606 P.2d 1384 (Mets v. Granrud) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mets v. Granrud, 606 P.2d 1384, 186 Mont. 265, 1980 Mont. LEXIS 657 (Mo. 1980).

Opinions

MR. JUSTICE SHEEHY

delivered the opinion of the Court.

The survivors and personal representative of Casey Mets appeal from the order and judgment of the Flathead County District Court granting summary judgment in favor of Granrud; and Granrud appeals from the subsequent entry of summary judgment in favor of the survivors on his counterclaim.

On December 19, 1976, a Ford jalopy departed from its proper lane of traffic on Whitefish Stage Road, where it had been pro[267]*267ceeding in a southerly direction. The vehicle passed over the edge of the road, through a barrowpit and collided with a telephone pole. The accident occurred on the second of two curves located south of the intersection of Granrud Lane and Whitefish Stage Road near Kalispell, Montana. The day had been sunny and clear, and the pavement was dry. There were no skid marks nor any evidence that the driver had applied the brakes.

Little physical evidence existed at the scene of the accident, and the vehicle was practically disintegrated as a result of the impact with the telephone pole. Both Mets and Granrud were thrown from the vehicle, and Mets died without regaining consciousness. Granrud suffered extensive injuries, and has no memory now of any of the events surrounding the accident. Additionally, there were no eyewitnesses to the accident.

On August 10, 1977, the survivors and personal representative of Mets brought suit alleging that Granrud’s negligent driving caused the death of their decedent. On October 18, 1977, Granrud filed his answer and counterclaim alleging that Mets had been driving the vehicle when the collision occurred. On May 31, 1978, the District Court granted Granrud’s motion for summary judgment, and accordingly judgment was entered on June 5, 1978. On June 2, 1978, the survivors moved for summary judgment on Granrud’s counterclaim. The survivors’ motion was granted, and judgment was entered on June 5, 1978.

On June 8, 1978, the survivors filed a motion to stay judgment, reconsider and vacate summary judgment. The District Court set the judgments aside and granted the survivors additional time in order to test the pitman arm, a steering rod.

On January 25, 1979, the District Court granted Granrud’s motion for summary judgment on the ground that there was “no evidence, circumstantial or direct, establishing any negligence on the part of the defendant on any theory”; and judgment was entered on January 30, 1979. On February 16, 1979, the survivors moved for summary judgment on Granrud’s counterclaim; and [268]*268judgment for the survivors was entered on February 16, 1979. The survivors appealed and Granrud cross-appealed.

The dispositive issue on appeal is whether the doctrine of res ipsa loquitur is applicable under the facts of the instant case.

The doctrine of res ipsa loquitur simply stated is: that when an instrumentality which causes injury, without any fault of the injured person, is under the exclusive control of the defendant at the time of the injury, and the injury is such as in the ordinary course of things does not occur if the one in control uses proper care, then the law infers negligence on the part of the one in control as the cause of the injury. Knowlton v. Sandaker (1968), 150 Mont. 438, 446, 436 P.2d 98, 103; Whitney v. Northwest Greyhound Lines (1952), 125 Mont. 528, 533, 242 P.2d 257, 259. The elements necessary for the application of res ipsa loquitur are: (1) the instrumentality which caused the injury must be within the exclusive control of the defendant; (2) the injury must be one that does not ordinarily occur if the party in control uses proper care; (3) the injury must not be due to any fault on the part of the injured person. Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 190, 545 P.2d 670, 673; Jackson v. William Dingwall Company (1965), 145 Mont. 127, 135-136, 399 P.2d 236, 241; Krohmer v. Dahl (1965), 145 Mont. 491, 498, 402 P.2d 979, 983; Stocking v. Johnson Flying Service (1963), 143 Mont. 61, 68, 387 P.2d 312, 316, Prosser, Law of Torts § 39, at 214 (4th ed. 1971).

Because of the absence of evidence tending to establish that the death of Casey Mets was caused by the negligence of Granrud, and the manner in which Granrud drove the vehicle, the survivors rely upon the doctrine of res ipsa loquitur to establish negligence on the part of Granrud. The doctrine of res ipsa loquitur is not an exception to the rule that the burden is on the plaintiff to prove actionable negligence, nor does it permit a recovery on mere proof of the injury. It merely has the force of a disputable presumption of law and supplies the place of proof necessarily wanting when the injured party cannot disclose the cause of his injury, but it is apparent prima Jade that the accident would not ordinarily have [269]*269happened had the defendant exercised ordinary care. Stocking v. Johnson Flying Service, supra, 143 Mont. at 68, 387 P.2d 312.

The first element of res ipsa loquitur, that of “defendant’s exclusive control at the time of injury”, is disputed by the parties in the instant case. Granrud contends that Mets was driving and the survivors contend that Granrud was driving the vehicle. The requirement of “exclusive control at the time of injury” does not mean actual physical control at the time of injury. It may be sufficient to show that the defendant exercised control some time prior to the injury. Knowlton v. Sandaker, supra, 150 Mont. at 446, 436 P.2d 98. Officer Denning, following an investigation of the accident scene, determined that Granrud was the driver and that Mets was the passenger. Officer Denning’s determination was based upon the location of Granrud and Mets in relation to the position of the vehicle. The record also indicates that Granrud was driving the vehicle when he picked up Mets. Granrud was observed driving the vehicle approximately thirty minutes before the accident occurred.

The second element of res ipsa loquitur, that “the injury must be one that does not ordinarily occur if the party in control uses proper care”, is lacking in the instant case. The plaintiff is not required to eliminate with certainty all causes or inferences other than the negligence on the part of the driver. As Professor Prosser has stated:

“All that is needed is evidence from which reasonable men can say that on the whole it is more likely that there was negligence associated with the cause of the event than that there was not.” Prosser, Law of Torts, § 39, at 218 (4th ed. 1971)

The above cannot reasonably be said in the instant case. Whether the cause of the accident was due to the negligence of the driver remains in doubt.

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Cite This Page — Counsel Stack

Bluebook (online)
606 P.2d 1384, 186 Mont. 265, 1980 Mont. LEXIS 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mets-v-granrud-mont-1980.