Orcutt v. Spokane County

364 P.2d 1102, 58 Wash. 2d 846, 1961 Wash. LEXIS 375
CourtWashington Supreme Court
DecidedSeptember 28, 1961
Docket35267
StatusPublished
Cited by69 cases

This text of 364 P.2d 1102 (Orcutt v. Spokane County) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Orcutt v. Spokane County, 364 P.2d 1102, 58 Wash. 2d 846, 1961 Wash. LEXIS 375 (Wash. 1961).

Opinions

Hunter, J.

This action was commenced by the plaintiff (appellant) as the administratrix of the estate of Marion Trickey, deceased, to recover damages for the decedent’s pain and suffering and medical and hospital expenses incurred prior to her death, and for her wrongful death. In support of both of these claims, the plaintiff alleged the injuries and pain and suffering proximately caused the decedent to become seized by an uncontrollable impulse to take her own life, which she did by consuming an overdose of sleeping pills.

At the close of the plaintiff’s case, the defendant (respondent) entered a motion to dismiss the action with prejudice on grounds that the evidence was insufficient to show the accident, allegedly caused by the defendant’s negligence, proximately caused the decedent’s death. Upon [848]*848the basis of this motion, the trial court entered judgment of dismissal with prejudice, from which the plaintiff appeals.

A portion of the Wild Rose Road, a Spokane County road, washed out in the late afternoon or early evening of January 4, 1956. Later that evening, an automobile in which the decedent was a passenger fell into the washout, causing the decedent to sustain severe injuries, particularly to her head and face. Evidence was introduced by the plaintiff in support of her allegation that the defendant knew or should have known, in the exercise of reasonable care, of the danger that this washout might occur and should have taken measures to avoid the washout or to warn users of the road of the danger. As a result of the accident, both of the occupants of the automobile were rendered unconscious. Sometime later, they extricated themselves from the wreckage and made their way to a nearby residence.

The decedent was taken to a hospital where it was determined she had suffered fractures of the nose and of the bone under her left eye, fractures of several ribs, a fracture of the right shoulder blade, a compound fracture of the ring finger of her left hand, and a concussion of the brain. The fractured ribs were displaced, causing a partial collapse of her lung. An open reduction was necessary in order to set the fractured, bone in her finger. She also suffered multiple cuts upon her face which left scars. In June, 1956, an operation to remove a portion of a bone under her nose was required in order to provide adequate passage of air through her nasal passages.

In the fall of 1956, the decedent began residing in Phoenix, Arizona, with her daughter and son-in-law. She returned to Spokane in the first part of December, 1956. During this sojourn in Spokane, she twice consulted Dr. South-combe, a neuro-psychiatrist. Thereafter, she returned to Phoenix.

In January, 1957, the decedent consumed about eight sleeping pills during an absence of her daughter and son-in-law from the house. However, she was discovered, awak[849]*849ened and revived by her daughter. About a month later, the daughter found a pistol in a kitchen chair while her mother was sleeping nearby. In September, 1957, about a month prior to her death, the decedent entered the main bedroom in the house, locked the door behind her, and took a pistol from a closet. Her daughter, becoming suspicious, demanded and eventually obtained entry into the bedroom, where she discovered her mother had concealed a pistol under her skirt.

On October 11, 1957, the decedent obtained a prescription for thirty-six sleeping pills, more than she had been able to obtain before, and picked them up at a drugstore. On Sunday, two days later, the daughter and her family planned a day-long trip; the decedent was invited to accompany them, but she refused. She appeared to be in good spirits when her daughter and the family left. When they returned that evening, the house was found to be locked. Once they gained entry into the house, the decedent was discovered upon a bed in an unresponsive condition, clad in new undergarments, a new nightgown, a nice housecoat and a pair of slippers. She was rushed to a hospital where she was declared dead. At the time of her death, the decedent was forty-seven years old. In the investigation to determine the cause of death, an empty pill bottle from which the label had been torn was found on a window sill in the bedroom behind some drapes, and a glass of water was found under the bed.

In the first assignment of error, the plaintiff contends the trial court erred in granting the defendant’s motion to dismiss the action for wrongful death, on the ground that, as a matter of law, there was insufficient evidence to raise a jury question as to whether the decedent’s suicide was caused by any wrongful act, neglect or default of the defendant. (The sufficiency of the evidence as to whether the automobile accident was proximately caused by negligence on the part of the defendant is not raised in this appeal.)

The rule to be applied in making such a determina[850]*850tion was stated by this court in the exhaustive opinion of Arsnow v. Red Top Cab Co., 159 Wash. 137, 292 Pac. 436 (1930). We said: .

“. . . In such cases as this, liability may exist on the part of a person, situated as is defendant here, where the death of the person injured results from his own act committed in delirium or frenzy, and without consciousness or appreciation on his part of the fact that such act will, in all reasonable probability, result in his death, or when the act causing the death is the result of an uncontrollable impulse, resulting from a mental condition caused by the injuries. ...” (Italics ours.)

In the Arsnow case, the decedent was severely injured by a taxicab owned and operated by the defendant. Thereafter, the decedent committed suicide. The administratrix of his estate brought an action for his pain and suffering prior to his death, and for his wrongful death. The evidence disclosed that the decedent had often threatened to shoot himself after the accident. On the morning of the decedent’s death, his wife had placed his pistol under the pillow on his bed, where he had been keeping it, while the decedent was sitting in a chair at the foot of the bed. While she was sleeping the decedent arose from his chair, proceeded to the head of the bed, took the pistol from beneath the pillow, released a safety catch, pressed the muzzle of the pistol to his head and pulled the trigger. We held these facts were insufficient to establish the decedent’s death was caused by the injuries resulting from the defendant’s wrongful acts.

The rule stated in the Arsnow case was and still is correct. Furthermore, it is in conformity with the rule as expressed by many text writers, and it reflects the weight of case law in other jurisdictions. Although this rule has been stated in various ways, it has the same underlying meaning.

The Restatement of the Law of Torts, § 455 (1934), expresses the rule to be as follows:

“If the actor’s negligent conduct so brings about the delirium or insanity of another as to make the actor liable for it, the actor is also liable for harm done by the other [851]*851to himself while delirious or insane, if his delirium or insanity

“(a) prevents him from realizing the nature of his act and the certainty or risk of harm involved therein, or

“(b) makes it impossible for him to resist an impulse caused by his insanity which deprives him of his capacity to govern his conduct in accordance with reason.

“Comment on Clause (a):

“b.

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Bluebook (online)
364 P.2d 1102, 58 Wash. 2d 846, 1961 Wash. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orcutt-v-spokane-county-wash-1961.