Rebecca Ratliff and Robert Ratliff v. Schiber Truck Company, Inc.

150 F.3d 949, 49 Fed. R. Serv. 1450, 1998 U.S. App. LEXIS 17759, 1998 WL 440281
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 5, 1998
Docket97-2760
StatusPublished
Cited by36 cases

This text of 150 F.3d 949 (Rebecca Ratliff and Robert Ratliff v. Schiber Truck Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rebecca Ratliff and Robert Ratliff v. Schiber Truck Company, Inc., 150 F.3d 949, 49 Fed. R. Serv. 1450, 1998 U.S. App. LEXIS 17759, 1998 WL 440281 (8th Cir. 1998).

Opinion

DAVIS, District Judge.

Appellants Rebecca and Robert Ratliff are the surviving children of’Jane Ratliff. Appellants commenced this action in the' United States District Court, Eastern District of Missouri, alleging that Gene Baugh, an employee of Appellee Schiber Truck Company, Inc. (“Schiber”), wrongfully caused the death of their mother. On April 22, 1997, a jury returned a verdict finding decedent Mrs. Ratliff 100% at fault and Schiber 0% at fault for the auto accident that caused her death. After the jury rendered its verdict, Appellants moved the district court for a new trial. By written order, the district court 2 considered the arguments of counsel and denied their motion for a new trial, finding the verdict was not against the clear weight of the evidence. The district court was also unpersuaded that a new trial was warranted because of asserted errors committed by the district court. Appellants now appeal the district court’s denial of their motion for a new trial.

I.

On July 28, 1995, Jane Ratliff was driving a car, traveling northbound in the right lane of Highway 61, a four lane highway in Pike County, Missouri. Her brother, Robert Selim, was a passenger in the car. Ahead of her in the right lane was a commercial tanker truck owned by Schiber and driven by one of its employees, Gene Baugh. As she approached the Schiber truck, Mrs. Ratliff entered into the left lane to pass it. Once she moved into the left lane, she observed another vehicle, in the same left lane, traveling southbound directly toward her. To avoid a head-on collision with the wrong way driver, Mrs. Ratliff attempted to return to the right lane. However, at that point, Mr. Baugh had stopped, or substantially slowed down, the truck in the right lane. 3 As a result, when Mrs. Ratliff attempted to return to the right *952 lane, she collided with the truck, and suffered fatal injuries.

Appellants commenced this wrongful death action against Schiber, alleging that Schiber proximately caused or contributed to the death of Mrs. Ratliff, because of the negligence of Gene Baugh in stopping the truck in the right lane of the. highway. In its defense, Appellee argued Mr. Baugh was not negligent, and that in fact the accident was caused as a result of Mrs. Ratliffs excessive speed. The matter was tried before a jury on April 21 and 22, 1997. The verdict form provided to the jury directed that the jury apportion the fault of the accident between Mrs. Ratliff and Mr. Baugh. The jury returned their verdict, finding Mrs. Ratliff 100% at fault.

II.

A verdict will stand if it is supported by substantial evidence. Purchal v. Patterson, 762 F.2d 713, 715 (8th Cir.1985). A new trial may be granted where the verdict is against the clear weight of the evidence or to prevent injustice. Fireman’s Fund Ins. Co. v. Aalco Wrecking Co., Inc., 466 F.2d 179, 186 (8th Cir.1972) cert. denied Aalco Wrecking Co., Inc. v. Fireman’s Fund Ins. Co., 410 U.S. 930, 93 S.Ct. 1371, 35 L.Ed.2d 592 (1973). Courts cannot reweigh the evidence and set aside a jury verdict because the jury could have drawn different conclusions or inferences or because the court feels that other results are more reasonable. Id. (citing Tennant v. Peoria and Pakin Union Ry., 321 U.S. 29, 35, 64 S.Ct. 409, 88 L.Ed. 520 (1944)). Great deference is accorded the district court ruling on a motion for new trial, and will be reversed only upon a strong showing of abuse. Shaffer v. Wilkes, 65 F.3d 115, 118 (8th Cir.1995).

At trial, Appellants offered the testimony of Ruth Freeman. Ms. Freeman is a truck driver that was also traveling northbound on Highway 61 on the date of the accident. Ms. Freeman testified that she was not too far ahead of Mr. Baugh and Mrs. Ratliff when she noticed a cream colored Ford Fairmont driven by an older woman traveling southbound in the left, northbound lane. Ms. Freeman maintained her speed and passed the wrong way vehicle. After the vehicle passed, she heard the accident and stopped to phone for the police and an ambulance.

Mrs. Ratliffs brother, Robert Selim, also testified at the trial as a witness for Appellants. Mr. Selim testified that he and his sister were traveling to Des Moines, Iowa for a family reunion. He stated that on the day of the accident, the weather was clear. Shortly before the accident, Mr. Selim testified that as their car approached the Schiber truck, Mrs. Ratliff moved into the left lane in order to pass the truck. He could not recall how fast his sister was driving at that time.

Appellants also called Bruce Becker, a trooper with the Missouri Highway Patrol, as a witness at trial. Trooper Becker was on duty the day of the accident and was called to the scene. Because Mrs. Ratliffs car had left skid marks, he and Corporal Murphy took measurements at the accident scene to determine placement and dimensions of skid marks, gouge marks and the final resting places of the Ratliff vehicle and the Schiber truck. Trooper Becker also testified that he spoke with Mr. Baugh at the scene, who stated that he had stopped his truck after seeing the wrong way driver. Trooper Becker also testified regarding Missouri statute section 304.019, which provides, in part, that “no person shall stop or suddenly decrease the speed or turn a vehicle from direct course or move right or left upon a roadway until that movement can be made with reasonable safety.” Trooper Becker also testified that the speed limit at the scene was 40 m.p.h., as it was a construction zone.

Finally, Appellants’ expert in the field of accident reconstruction, Francis Oldham, testified that in his opinion, the accident was primarily caused because Mr. Baugh stopped the trailer truck in response to the wrong way driver while remaining in the right lane of the highway. Mr. Oldham opined that if Mr. Baugh had continued to drive at 40 m.p.h., the accident would not have occurred because Mrs. Ratliff would not have had to pull out to pass the truck, or if she did pull out to pass, she would have seen the wrong way driver sooner and would have had more room to swerve and brake before coming into contact with the Schiber truck. Based upon *953 the skid marks as measured by the state patrol, Mr. Oldham opined that Mrs. Ratliff was traveling between 46 and 53 m.p.h. when she began to skid and that the distance between the wrong way vehicle and Mrs. Ratliff had to be at least 180 to 200 feet.

On cross-examination, Mr. Oldham admitted that although his report identified Mr. Baugh as negligent, the wrong way driver was also negligent and contributed to the accident. Mr. Oldham also admitted that his calculations established that Mrs. Ratliff was exceeding the speed limit at the time of the accident, and that her excessive speed “probably contributed to some degree” to the accident. Counsel for Appellee asked Mr.

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Bluebook (online)
150 F.3d 949, 49 Fed. R. Serv. 1450, 1998 U.S. App. LEXIS 17759, 1998 WL 440281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rebecca-ratliff-and-robert-ratliff-v-schiber-truck-company-inc-ca8-1998.