Sellers v. Dooley Oil Transport

2001 WY 44, 22 P.3d 307, 2001 Wyo. LEXIS 57, 2001 WL 477817
CourtWyoming Supreme Court
DecidedMay 8, 2001
Docket00-112
StatusPublished
Cited by14 cases

This text of 2001 WY 44 (Sellers v. Dooley Oil Transport) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sellers v. Dooley Oil Transport, 2001 WY 44, 22 P.3d 307, 2001 Wyo. LEXIS 57, 2001 WL 477817 (Wyo. 2001).

Opinion

GOLDEN, Justice.

[¶1] This appeal stems from a jury verdict in an automobile accident liability case. The sole issue is the propriety of a certain given jury instruction. The jury instruction was based upon Wyo. Stat. Ann. § 81-5-207 (Lexis 1999). We hold that the trial court's instructing on Wyo. Stat,. Ann. § 31-5-207 under the facts of this case constituted prejudicial error and, therefore, reverse and remand for a new trial.

ISSUE

[¶2] Appellants David and Melonie Sellers phrase the issue as:

Whether the district court committed prejudicial error in instructing the jury on the law contained in Wyo. Stat. § 81-5-207 without also giving the exception thereto delineated in Wyo. Stat. § 31-5-201(a2)@).

Appellees Dooley Oil Transport and Gerald D. Hanson rephrase the issue slightly as:

Should the district court have included Wyo. Stat. § 81-5-201(a)(ii) in Instruction No. 16 which comprised Wyo. Stat. § 31-5-207(a) and (b).

FACTS

[¶3] This case arises from an automobile accident that occurred on I-80 between Laramie and Cheyenne. At the time of the accident, David Sellers was driving his automobile east on I-80. Melonie Sellers, his wife, was a passenger in the automobile. Appellee Hanson also was driving east on I-80. Hanson, who worked for Appellee Dooley Oil Transport, was driving a Rocky Mountain doubles tanker. The accident occurred on the portion of I-80 heading east from Laramie to the summit at Lincoln Monument, locally known as Telephone Canyon.

[¶4] In April 1997, the time of the accident, the east-bound roadway of this section of I-80 was under construction. Consequently, east-bound traffic was diverted for a short distance into the west-bound roadway and then channeled back again into the normal east-bound roadway. The west-bound roadway had three lanes of traffic. The diverted east-bound traffic had two lanes and west-bound traffic had one lane, with a concrete barrier separating opposing lanes of traffic.

*309 [¶5] The accident occurred in a transition zone where east-bound traffic was tapered from two lanes into one lane immediately before being shifted back to the eastbound roadway. This transition zone included signs stating "do not pass" as well as signs reducing the speed limit and indicating right lane ending. A sequential chevron marked the beginning of the tapering of two lanes into one lane, accomplished by orange barrels placed on the roadway that gradually blocked off the right lane. The end result is that the right lane was dropped and the left lane continued through.

[¶6] Within this transition zone, Hanson shifted his tanker from the right lane into the left lane. At that time, the Sellers' car was driving along-side Hanson and was caught between the tanker and the concrete barrier. As a result of the impact with the tanker, the Sellers' car was jammed under the tanker and was caught there for a short distance before breaking free and eventually coming to rest next to the concrete barrier. Hanson stopped somewhat further down the highway. Fortunately, none of the parties received any serious physical injuries.

[¶7] At trial, Appellants claimed that Hanson was negligent by failing to see the Sellers' vehicle and yield to it before shifting into the left lane. Appellees claimed Dave Sellers was negligent in attempting to pass Hanson in a no-passing zone. Appellees offered a jury instruction based upon Wyo. Stat. Ann. § 81-5-207(a) and (b) which applies to no-passing zones. Appellants objected to a partial instruction upon Wyo. Stat. Ann. § 81-5-207. Appellants specifically requested subsection (c) of Wyo. Stat, Ann. § 31-5-207 be included because the subsection contains certain exceptions to the no-passing statute. The particular exception which the Appellants believe applies to the case is stated in Wyo. Stat. Ann. § 81-5-201(a)(ii) to the effect that a driver can drive to the left of the center of the roadway if the driver's regular lane of travel is obstructed, but that driver must yield to traffic moving in the proper direction before moving left.

[T8] The trial judge agreed with Appel-lees and gave an instruction based upon Wyo. Stat. Aun. § 81-5-207(a) and (b) without any exception. Appellants properly objected to such instruction. The jury returned a verdict finding Appellant Dave Sellers 50% negligent, Appellant Melonie Sellers 0% negligent and Appellee Hanson 50% negligent. This timely appeal followed.

STANDARD OF REVIEW

When examining the propriety of jury instructions, we review all instructions as a whole. "On review, this Court considers whether the instructions, taken as a whole, adequately and clearly advise the jury of the applicable law." Kemper Architects, P.C. v. McFall, Konkel & Kimball Consulting Engineers, Inc., 843 P.2d 1178, 1182 (Wyo.1992).

We have said that the function of jury instructions is to give the jury guidance regarding the law of the case. Hursh Agency, Inc. v. Wigwam Homes, Inc., Wyo., 664 P.2d 27 (1983). The trial court is not obligated to give an instruction offered by a party as long as the jury is adequately instructed on the law as it pertains to that case. Matter of MLM, Wyo., 682 P.2d 982 (1984). The trial court's ruling on an instruction will not constitute reversible error absent a showing of prejudice, and prejudice will not be said to result unless it is demonstrated that the instruction confused or misled the jury with respect to the proper principles of law. Cervelli v. Graves, Wyo., 661 P.2d 1032 (1988).

DeJulio v. Foster, 715 P.2d 182, 186 (Wyo.1986).

[T10] In order to determine the law of the case, we must interpret the meaning of Wyo. Stat. Ann. § 81-5-207 (Lexis 1999) and the exception found in Wyo. Stat. Ann. § 81-5-201(a)(i) (Lexis 1999).

Statutory interpretation is a question of law, so our standard of review is de novo. . If the conclusion of law is in accordance with the law, we affirm it; if it is not, we correct it. We endeavor to interpret statutes in accordance with the Legislature's intent. We begin by making an inquiry respecting the ordinary and obvious meaning of the words employed ac *310 cording to their arrangement and connection. We construe the statute as a whole, giving effect to every word, clause, and sentence, and we construe together all parts of the statute in part materia.

Cargill v. State, Dept. of Health, Div. of Health Care Financing, 967 P.2d 999, 1001 (Wyo.1998) (citations and quotations omitted).

DISCUSSION

[T11]) The jury instruction objected to, Instruction No. 16, stated:

You are instructed that Section 81-5-207 of the Wyoming Statutes provides in part the following:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Glenn v. Union Pacific Railroad
2011 WY 126 (Wyoming Supreme Court, 2011)
Pina v. Christensen
2009 WY 64 (Wyoming Supreme Court, 2009)
Hannifan v. American National Bank of Cheyenne
2008 WY 65 (Wyoming Supreme Court, 2008)
Three Way, Inc. v. Burton Enterprises, Inc.
2008 WY 18 (Wyoming Supreme Court, 2008)
Parrish v. Groathouse Construction, Inc.
2006 WY 33 (Wyoming Supreme Court, 2006)
McGuire v. Solis
2005 WY 129 (Wyoming Supreme Court, 2005)
Alpine Climate Control, Inc. v. DJ's, Inc.
2003 WY 138 (Wyoming Supreme Court, 2003)
Roberts v. Estate of Randall
2002 WY 115 (Wyoming Supreme Court, 2002)
Daley v. Wenzel
2001 WY 80 (Wyoming Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
2001 WY 44, 22 P.3d 307, 2001 Wyo. LEXIS 57, 2001 WL 477817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-dooley-oil-transport-wyo-2001.