Schmitt v. Clayton County

284 N.W.2d 186, 1979 Iowa Sup. LEXIS 1020
CourtSupreme Court of Iowa
DecidedOctober 17, 1979
Docket62409
StatusPublished
Cited by11 cases

This text of 284 N.W.2d 186 (Schmitt v. Clayton County) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schmitt v. Clayton County, 284 N.W.2d 186, 1979 Iowa Sup. LEXIS 1020 (iowa 1979).

Opinions

REES, Justice.

This appeal by Clayton County is from a judgment for the plaintiff in a personal injury action. Plaintiff, Marguerite Schmitt, as conservator of the estate of Andrew Schmitt, asserted the failure of the defendant county to place adequate and proper warning signs on a dangerous curve was the proximate cause of injuries to plaintiff’s ward. In July of 1973 the pickup truck operated by Andrew Schmitt left the curve on a road in defendant county, resulting in brain damage to Andrew, due to which he remains in a comatose state, requiring constant care and attention.

The county contends the trial court erred in the admission of expert testimony and in its instructions to the jury. Because we find merit in one of defendant’s exceptions to the instructions of the trial court, we reverse its judgment and remand for a new trial.

Prior to reaching the issues directly presented in this appeal, we wish to clarify a question of construction which was raised by the parties when we were considering defendant’s petition for rehearing, which we denied on September 18, 1979 by order entered that date, but in which order we directed the per curiam opinion filed on July 25, 1979 be withdrawn. Our reading of Iowa Rule of Civil Procedure 2471 leads us to conclude that the maximum period of time which a trial court may allow for post-trial motions is 40 days; the initial 10-day period provided for by the rule, plus an additional period of up to 30 days upon the required showing of good cause. We take judicial notice of the fact that the rule has been interpreted in a number of districts to allow a maximum period of 30 days and are confident that our construction will provide for a uniform application of the rule throughout the State.

The following issues are presented for review:

(1) Was the plaintiff’s expert witness, who was not a licensed engineer, qualified to express an opinion as to the county’s negligence?

(2) Was the plaintiff’s ward contributorily negligent as a matter of law?

(3) Does the evidence in the record support all aspects of the hypothetical question asked of plaintiff’s expert witness?

(4) Should the jury have been instructed that the county could be found liable for failing to apply “due care in the exercise of professional engineering judgment” rather than with regard to a general standard of care?

(5) Did the trial court improperly instruct the jury that a violation of a statutory traffic standard constituted a prima facie showing of negligence rather than negligence per se?

(6) Was there sufficient evidence to justify the submission to the jury of an instruction on sudden emergency?

(7) Did the trial court err in instructing the jury regarding the applicability of the mortality table which was introduced into the record?

(8) Was the award of the jury excessive?

I. We find the fifth of the aforelisted issues to be dispositive of this appeal. Consequently, we will first address that issue and then discuss those of the remaining issues which are likely to recur at retrial.

The county contended that Andrew Schmitt was contributorily negligent in causing the accident and that he and his estate were, therefore, barred from recover[188]*188ing in an action against the county. Failure to keep a proper lookout and failure to maintain control of his vehicle were alleged as common law instances of contributory negligence on the part of the plaintiff’s ward, and were submitted to the jury in the court’s instructions as potential prima facie evidence of negligence. Failure to travel at a reasonable and proper speed under existing conditions and failure to reduce speed in approaching and traversing a curve were pled by the county as statutory violations. As to the latter, the instruction correctly stated that such a violation by Andrew Schmitt would constitute negligence per se. Kisling v. Thierman, 214 Iowa 911, 915, 243 N.W. 552, 554 (1932). Violation of the former was submitted as only prima facie evidence of negligence. We conclude that violation of the duty to travel at a reasonable and proper speed under the circumstances, mandated by § 321.285, The Code 1973, constitutes negligence per se and that the jury should have been so instructed.

In Kisling v. Thierman we clearly stated that violation of a statute regulating the operation of a motor vehicle on a public road is negligence. While the reasonable and proper standard to be applied by the trier of fact under § 321.285 is similar to that which would be used to determine whether the aforementioned common law duties had been abrogated, it does not follow that the legal implications stemming from such violations should be synonymous. If a violation of a statutory duty of care is found, our case law requires a finding of negligence, with one exception not applicable here, in the context of laws of the road. See, e. g., Rush v. Sioux City, 240 N.W.2d 431, 442 (Iowa 1976); Schmitt v. Jenkins Truck Lines, Inc., 170 N.W.2d 632, 643-44 (Iowa 1969); Kisling v. Thierman. As in the case of other statutes, we have looked to the intent and purpose of the pertinent law to determine whether it prescribes the applicable standard of care. See, e. g., Koll v. Manatt’s Transportation Co., 253 N.W.2d 265, 270 (Iowa 1977); Rosenau v. City of Estherville, 199 N.W.2d 125, 128-29 (Iowa 1972).

We hold that the jury should have been instructed that a violation of § 321.285 constitutes negligence per se, rather than pri-ma facie evidence of negligence. In failing to so instruct the jury, the trial court committed reversible error.

Having concluded that reversal is required, we will discuss briefly those remaining issues which we anticipate may rise again on retrial of this case.

II. The defendant county challenges the qualifications of plaintiff’s expert witness, transportation consultant George Brown, to testify regarding the adequacy of the traffic signs preceding the curve in question. The defendant contends that since Brown is not a licensed engineer, he is not qualified to express an opinion on the adequacy of the signs placed by the county upon advice of the county engineer.

Our standard regarding the capacity of an individual to testify as an expert was set out in Karr v. Samuelson, Inc., 176 N.W.2d 204, 210 (Iowa 1970). Basically stated, we must determine whether Mr. Brown possesses sufficient expertise regarding the topic in question to qualify as an expert. We conclude that he does.

We have, on prior occasions, commented upon the expert testimony of the witness Brown. Most notably, in Heth v. Iowa City, 206 N.W.2d 299, 302-03 (Iowa 1973), he expressed an opinion as to the adequacy of the signing, lighting and grading of the scene of an accident. While not relying on Heth where Brown’s qualifications were not in question, we find his credentials to be more than adequate.

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Schmitt v. Clayton County
284 N.W.2d 186 (Supreme Court of Iowa, 1979)

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Bluebook (online)
284 N.W.2d 186, 1979 Iowa Sup. LEXIS 1020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmitt-v-clayton-county-iowa-1979.