Pappas v. Midwest Motor Express, Inc.

886 P.2d 918, 268 Mont. 347, 51 State Rptr. 1288, 1994 Mont. LEXIS 285
CourtMontana Supreme Court
DecidedDecember 12, 1994
Docket94-143
StatusPublished
Cited by11 cases

This text of 886 P.2d 918 (Pappas v. Midwest Motor Express, Inc.) 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
Pappas v. Midwest Motor Express, Inc., 886 P.2d 918, 268 Mont. 347, 51 State Rptr. 1288, 1994 Mont. LEXIS 285 (Mo. 1994).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

Donna May Pappas (Pappas) appeals from a judgment of the Thirteenth Judicial District Court, Yellowstone County, dismissing her complaint after granting summary judgment in favor of Midwest Motor Express, Inc. (Midwest) and Freightmasters, Inc. (Freightmasters). We affirm, concluding that no genuine issue of material fact exists with regard to whether the defendants were the proximate cause of the accident and, therefore, that the defendants were entitled to summary judgment as a matter of law.

Pappas, a stained glass artist operating a home-based business in Billings, Montana, ordered a large quantity of stained glass from an out-of-state company in June of 1991. Midwest shipped the glass to Montana and Freightmasters delivered it to Pappas.

Pappas expected Freightmasters to deliver the glass on July 8, 1991. She had arranged with a friend, B.R. Buckingham (Buckingham), for assistance unloading the glass as well as help providing tools to break open the crate and gloves to move the glass sheets. Buckingham offered to help Pappas because he knew Freightmasters would not deliver the glass upstairs to her apartment. Pappas was supposed to call him when the shipment arrived.

Freightmasters arrived at Pappas’ apartment complex with a large wooden crate weighing approximately 325 pounds on July 8. Pappas requested Freightmasters to deliver the crate to the porch of her upstairs apartment. Freightmasters’ driver had neither the equipment nor the personnel available to honor her request; instead, he unloaded the crate in a common driveway in the apartment complex. At Pappas’ request, but without success, he did attempt to push the crate off to the side of the driveway.

Pappas continued to insist that Freightmasters’ driver move the crate from the driveway. After learning that the crate was filled with individual glass sheets, the driver offered to help carry the glass up to her apartment. Before they began, Pappas asked the driver if he had any gloves she could wear; he did not. Pappas and the driver began moving the glass without gloves. The second sheet of glass Pappas carried slipped in her grip, resulting in injury to the web space [350]*350of her left hand. Buckingham was not called until after the accident occurred. Pappas later acknowledged she had seven years’ professional experience working with and handling stained glass and taught classes on the subject. She also freely admitted she should not have moved the glass without gloves.

Pappas sued Midwest and Freightmasters for negligence. The defendants moved for summary judgment. The District Court granted the motion, entered summary judgment and dismissed Pap-pas’ complaint. Pappas appeals, raising the issue of whether the District Court erred in granting summary judgment in favor of the defendants.

Summary judgment is proper when no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Rule 56(c), M.R.Civ.P. We review an order granting summary judgment by applying the same criteria as the district court. Minnie v. City of Roundup (1993), 257 Mont. 429, 431, 849 P.2d 212, 214. Ordinarily, issues of negligence are questions of fact not susceptible to summary adjudication. Dillard v. Doe (1992), 251 Mont. 379, 382, 824 P.2d 1016, 1018 (citations omitted). In certain cases, however, where reasonable minds could reach but one conclusion as to the cause of the accident, questions of fact may be determined as a matter of law. Dillard, 824 P.2d at 1018.

A plaintiff must prove four elements to maintain an action in negligence: (1) duty; (2) breach of the duty; (3) causation; and (4) damages. U.S.F. & G. v. Camp (1992), 253 Mont. 64, 68, 831 P.2d 586, 588-589. Pappas’ complaint alleged that the defendants owed her the following duties: (1) to bring the required unloading equipment; (2) to place the crate on her property; (3) to place the crate where she asked; (4) to unload the crate in a safe place; (5) to warn of the danger of uncrating the glass; and (6) to furnish her with gloves.

In this case, the propriety of summary judgment can be determined by addressing the existence or absence of a genuine issue of material fact as to whether the defendants’ acts were the proximate cause of the accident. We have separated the causation element into two separate components: causation in-fact and proximate or legal causation. U.S.F. & G., 831 P.2d at 589. Thus, as to the causation element of a negligence claim, the plaintiff must prove first, that the defendant’s act is the cause-in-fact of the injury and second, that the injury is the direct or indirect result, proximately caused by the negligent act. U.S.F. & G., 831 P.2d at 589; Kiger v. State of Montana (1990), 245 Mont. 457, 459, 802 P.2d 1248, 1250. Stated differently, [351]*351proximate cause is an act or omission which, “in a natural and continuous sequence, unbroken by any new, independent cause, produces injury, and without which the injury would not have occurred.” Bickler v. Racquet Club Heights Assoc. (1993), 258 Mont. 19, 23, 850 P.2d 967, 970; quoting Young v. Flathead County (1988), 232 Mont. 274, 282, 757 P.2d 772, 777.

In a case where the plaintiff’s own negligence contributed to the accident or injury, proximate causation can be determined as a matter of law if the comparative negligence of the plaintiff exceeds the negligence of the defendant. Brohman v. State (1988), 230 Mont. 198, 205, 749 P.2d 67, 70. This is so because if the plaintiff’s own negligence exceeds the defendant’s, the plaintiff could not prove by a preponderance of the evidence that it was the defendant’s negligence that proximately caused the injury. Brohman, 749 P.2d at 72.

For purposes of analysis, we will assume the defendants breached the duties alleged by Pappas in failing to deliver the glass safely into her apartment, provide gloves or warn as to the dangers of uncrating the glass. See Dillard, 824 P.2d at 1019. We will also assume that these presumed breaches of duty were the cause-in-fact of Pappas’ injuries, thereby focusing our attention on the question of proximate causation.

The material facts are undisputed. After working with stained glass for seven years and teaching classes in the subject, Pappas was aware of the risk of injury from carrying large sheets of glass without gloves. She understood from Buckingham that Freightmasters would probably not deliver the glass to her upstairs apartment and, as a result, made preparations in advance of receiving the shipment by having Buckingham available to provide gloves and assistance. To avoid the risk of injury, Pappas could have called Buckingham, as arranged, and waited for the gloves to arrive before picking up the glass.

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Pappas v. Midwest Motor Express, Inc.
886 P.2d 918 (Montana Supreme Court, 1994)

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Bluebook (online)
886 P.2d 918, 268 Mont. 347, 51 State Rptr. 1288, 1994 Mont. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pappas-v-midwest-motor-express-inc-mont-1994.