Olson v. Parchen

816 P.2d 423, 249 Mont. 342, 48 State Rptr. 718, 1991 Mont. LEXIS 203
CourtMontana Supreme Court
DecidedAugust 1, 1991
Docket91-112
StatusPublished
Cited by9 cases

This text of 816 P.2d 423 (Olson v. Parchen) 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
Olson v. Parchen, 816 P.2d 423, 249 Mont. 342, 48 State Rptr. 718, 1991 Mont. LEXIS 203 (Mo. 1991).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

Edward L. Olson appeals from a judgment of the District Court of the Eighth Judicial District, Cascade County, Montana, denying his motion for summary judgment on the issue of liability and granting Parchen’s motion to exclude evidence of certain economic damages suffered in an automobile collision. Olson also appeals from the jury verdict finding him contributorily negligent. We affirm in part and reverse in part.

[344]*344Olson presents the following issues:

1. Did the District Court err in denying Olson’s motion for summary judgment on the issue of liability?

2. Did the District Court abuse its discretion by allowing the issue of contributory negligence to be submitted to the jury?

3. Did the District Court properly refuse to permit Olson to present evidence at trial of economic damages relating to loss of rental income and loss of profits from the sales of rental property?

On November 14, 1985, at approximately 4:15 p.m., vehicles operated by Edward L. Olson and Jacob A. Parchen collided at the intersection of First Avenue South and 18th Street in Great Falls, Montana. Olson was proceeding south on 18th Street as he approached the intersection, and Parchen was proceeding east on First Avenue South. Parchen failed to heed the yield right of way sign, and his 1977 GMC pickup truck collided with Olson’s 1964 Chevrolet Corvair on the passenger side. Both drivers stated that they were traveling at fifteen miles per horn.

Olson testified that a few moments prior to the collision he observed Parchen’s vehicle approaching from the right, but thought that Parchen was going to stop. Olson looked to the left for traffic. When he glanced back to the right and realized that Parchen’s pickup truck was not going to stop, Olson attempted to brake and turn to the left to avoid a collision, but was unsuccessful.

Parchen said that he did not see Olson’s car until it had entered the intersection moments before the collision. He applied his brakes, but his pickup truck skidded. Parchen also theorized that Olson had been blinded by the setting sun and didn’t see him approaching the intersection. Parchen asserted that Olson did not properly watch for traffic and should have been traveling slowly enough to stop.

The collision extensively damaged the right side of Olson’s Corvair. Olson suffered a bruise over the right collar bone, broken upper dentures, a bruise on the right side of the scalp, and a deep bruise over the outside of his right foot. Olson also claimed economic losses resulting from his alleged inability to complete rental property renovations because of physical injuries sustained in the collision.

Olson moved for partial summary judgment on the issue of liability. The District Court denied that motion, as well as Olson’s subsequent motions for a directed verdict at the close of the evidence and for judgment notwithstanding the verdict. The District Court [345]*345granted Parchen’s motion in limine to exclude economic damages for losses associated with Olson’s rental property from the jury’s consideration. The District Court denied Olson’s motion for a new trial to consider economic damages.

The jury found that Parchen was eighty per cent negligent and had proximately caused Olson’s damages and injuries. Two thousand dollars in damages were awarded, of which Olson received $1,600.

I.

Did the District Court err in denying Olson’s motion for summary judgment on the issue of liability?

Olson claims that partial summary judgment should have been granted as a matter of law.

When approaching a “yield” sign, the following rule applies:

“[T]he driver of a vehicle approaching the “Yield’ sign shall slow to a speed of not more than 15 miles per hour and yield right-of-way to all vehicles approaching from the right or left on the intersecting roads or streets which are so close as to constitute an immediate hazard. If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a “Yield’ sign, such collision or interference shall be deemed evidence of the driver’s failure to yield right-of-way.”

Section 61-8-342, MCA. A driver’s failure to yield the right-of-way is both a “statutorily recognized duty and breach of that duty.” DeVerniero v. Eby (1972), 159 Mont. 146, 151, 496 P.2d 290, 292.

Parchen admitted that he failed to yield the right-of-way to Olson’s vehicle, but argued that he was unable to stop because his vehicle skidded. Parchen also conjectured that Olson may have been unable to see Parchen’s pickup truck because he was blinded by the sun. This argument is irrelevant because Parchen, not Olson, had a duty to yield. In addition, the skidding of Parchen’s vehicle is not a defense; it suggests only that Parchen may have been driving too fast for conditions. As a matter of law, Parchen was negligent under § 61-8-342, MCA.

Nonetheless, Parchen maintains that the District Court properly denied Olson partial summary judgment according to our holding in Reed v. Little (1984), 209 Mont. 199, 680 P.2d 937. He contends that Reed requires the issue of liability to be submitted to the jury if the defense of contributory negligence is asserted in a traffic violation case.

[346]*346The facts of this case can be distinguished from the facts forming the basis for our holding in Reed. In Reed, the defendant ran into the plaintiff’s car when the plaintiff allegedly made a sudden stop in heavy traffic for no apparent reason. The plaintiff denied the sudden stop. Questions of fact regarding the speed and distances of the vehicles remained for the jury’s determination. Reed, 209 Mont. at 206, 680 P.2d at 940-41. As explained in our discussion below, under the facts of this case Olson could not be found contributorily negligent.

Summary judgment is appropriate where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Rule 56(c), M.R.Civ.P.; First Security Bank of Bozeman v. Jones (1990), 243 Mont. 301, 303, 794 P.2d 679, 681. Since Parchen was negligent as a matter of law, the court erred by denying partial summary judgment to Olson.

II.

Did the District Court abuse its discretion by allowing the issue of contributory negligence to be submitted to the jury?

Before the question of contributory negligence can be submitted to the jury, evidence must be presented not only showing plaintiff’s negligence, but demonstrating that such negligence proximately caused the accident and resulting injuries. Stephens v. Brown (1972), 160 Mont. 453, 457-58, 503 P.2d 667, 669. No such factual evidence showing contributory negligence existed in this case.

Parchen argues that Olson violated the “basic rule” of § 61-8-303, MCA, by not properly watching for Parchen’s vehicle at the intersection.

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Olson v. Parchen
816 P.2d 423 (Montana Supreme Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
816 P.2d 423, 249 Mont. 342, 48 State Rptr. 718, 1991 Mont. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-parchen-mont-1991.