Slack v. Kelleher

104 P.3d 958, 140 Idaho 916, 2004 Ida. LEXIS 212
CourtIdaho Supreme Court
DecidedDecember 15, 2004
Docket29583
StatusPublished
Cited by36 cases

This text of 104 P.3d 958 (Slack v. Kelleher) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slack v. Kelleher, 104 P.3d 958, 140 Idaho 916, 2004 Ida. LEXIS 212 (Idaho 2004).

Opinions

EISMANN, Justice.

This is an appeal from a jury verdict awarding damages arising out of a traffic accident. We affirm the judgment except for the district court’s denial of the defendant’s motion to treat as a collateral source the mandatory reductions in the charges for the plaintiffs medical care due to Medicare “write-downs.” Because such write-downs are to be treated as a collateral source, we remand to the district court to reduce the amount of the judgment accordingly.

I. FACTS AND PROCEDURAL HISTORY

During the late afternoon of November 16, 1999, the defendant-appellant Louis Kelleher (Kelleher) and his wife each drove a farm implement from their small farm near Green-leaf, Idaho, to an auction sales yard located near Caldwell on Highway 19. Kelleher drove a swather and his wife drove a tractor pulling a grain drill. After leaving the swather and grain drill at the auction yard, they proceeded to return home on the tractor. They had arrived at the auction yard just after sunset, and they left about ten minutes later. Kelleher was driving and his wife was riding on the tractor’s left fender.

The rear of the tractor had two downward-pointing white lights and a slow moving vehicle emblem. Kelleher had driven the tractor about two miles down the right-hand lane of Highway 19 when a car being driven by the plaintiff-respondent Ruth Slack (Slack) collided with the rear of the tractor. She had been following a car in the right-hand lane, and when that car changed lanes to avoid the tractor Slack did not respond in time to avoid the collision. The speed limit where the accident occurred was 55 miles per hour. Just prior to the accident, Slack had been driving her car at about the speed limit, and Kelleher had been driving the tractor at about 12 to 14 miles per hour.

Kelleher was thrown from the tractor, sustaining injuries, but his wife remained on it and was able to bring the tractor to a stop. Slack was also injured. Her right leg was crushed from the knee to ankle, and she had ten broken or dislocated bones in her right leg, some of which were compound fractures. During the next two months, Slack had three surgeries and weeks of rehabilitation.

On March 17, 2000, Slack filed this lawsuit seeking to recover damages for her injuries. [919]*919In response, Kelleher filed an answer and counterclaim seeking damages for his injuries. Kelleher’s counterclaim was settled, and it was dismissed.

The case was tried to a jury in March 2003, and it returned a verdict awarding Slack $102,512.00 in economic damages and $153,000.00 in non-economic damages. It also found that both Slack and Kelleher were negligent, and it apportioned causation 15% to Slack and 85% to Kelleher.

On March 14, 2003, Kelleher filed a motion to determine collateral source payments under Idaho Code § 6-1606. One of the issues raised by the motion was that the judgment should be reduced by the Medicare “write-off” (the reduction in charges required by Medicare regulations and federal law). By order entered on July 16, 2003, the district court denied the motion. Kelleher timely appealed.

II. ISSUES ON APPEAL

A. Did the district court err in holding that evidence of an alternate route Kelleher could have taken was relevant?
B. Did the district court abuse its discretion in admitting into evidence a videotape of the alternate route?
C. Did the district court err in instructing the jury regarding Slack’s life expectancy without allowing Kelleher to introduce evidence of her poor health?
D. Did the district court err in not admitting portions of the deposition testimony of an expert witness after Slack had introduced other portions of such deposition testimony?
E. Did the district court err in excluding evidence that Slack had cataracts at the time of the accident?
F. Did the district court err in denying a mistrial after Slack’s counsel referred in closing argument to the lack of testimony that her poor health was a cause of the accident?
G. Did the district court err in denying Kelleher’s motion to reduce the judgment by the amount of Slack’s Medicare benefits?

III. ANALYSIS

A. Did the District Court Err in Holding that Evidence of an Alternate Route Kelleher Could Have Taken Was Relevant?

Slack sought to offer evidence that Kelleher’s negligence included the failure to use a dirt road that ran alongside Highway 19. Kelleher objected to such evidence on the ground that it was not relevant as a matter of law. The district court ruled that such evidence was relevant.

Idaho Rule of Evidence 401 provides, “ ‘Relevant evidence’ means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Whether evidence is relevant is an issue of law over which we exercise de novo review. State v. Page, 135 Idaho 214, 16 P.3d 890 (2000).

Highway 19 is a five-lane, rural highway, with two lanes for eastbound traffic, two lanes for westbound traffic, and a center turn lane. There was evidence that Kelleher began his return trip about ten minutes after sunset. The sky was overcast, which would have decreased visibility as he drove down the highway in the dimming sunlight. His tractor was not equipped with the statutorily required, rear-facing, two red lamps or single red lamp and two red reflectors. I.C. § 49-916(3). The only rear-facing lighting on the tractor was two white lights, which pointed downward towards the area where an implement would be if it were attached to the tractor. As he drove down the highway, his tractor was traveling about forty miles per hour slower than the rush-hour traffic. There was expert testimony that the most prevalent type of rear-end collision occurs when a vehicle traveling at normal speed comes upon a slow moving vehicle. The expert testified that the frequency of this type of accident results from the typical driver’s inability to judge accurately the rate at which the driver’s vehicle is closing upon one just ahead.

[920]*920Slack sought to introduce evidence showing that there was a dirt road alongside Highway 19 that Kelleher could have taken and thereby avoided having his slow-moving, improperly lit, tractor traveling at dusk in rush-hour traffic on a rural highway. It was unlawful for Kelleher to drive his slow-moving tractor on the highway after sunset because it lacked the statutorily required lighting. By doing so at dusk during rush hour on a five-lane highway with a 55-mile-per-hour speed limit, Kelleher was creating a traffic hazard. Under the facts of this case, evidence that there was an alternate safer route that would enable Kelleher and his wife to return home on their tractor was relevant for the jury to consider when assessing the degree of causation attributable to each party-

B. Did the District Court Abuse Its Discretion in Admitting into Evidence a Videotape of the Alternate Route?

Richard Gill, Ph.

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Cite This Page — Counsel Stack

Bluebook (online)
104 P.3d 958, 140 Idaho 916, 2004 Ida. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slack-v-kelleher-idaho-2004.