Torrez v. Peck

356 P.2d 703, 57 Wash. 2d 302, 1960 Wash. LEXIS 478

• Court: Washington Supreme Court
• Decided: November 9, 1960
• Docket: 35189
• Status: Published

Opinions

Hunter, J.

This is an appeal from a judgment entered in an action for damages for personal injuries. The injuries were sustained by the plaintiff, Mary Torrez, when she was thrown to the floor by reason of an abrupt stop while riding as a passenger in the defendant’s bus.

The trial court, sitting without a jury, found that defendant’s employee, while operating defendant’s bus, followed a preceding car too closely at an excessive rate of speed under the circumstances then existing, and failed to properly observe traffic on the highway. The trial court then concluded that this constituted negligence and was the proximate cause of the accident. Upon judgment for the plaintiff, the defendant appeals.

Appellant contends the findings of the trial court were not supported by sufficient evidence. We disagree. In determining this question, we are governed by the rule that if the findings are supported by substantial evidence, they will not be disturbed by this court. Stringfellow v. Stringfellow, 56 Wn. (2d) 957, 350 P. (2d) 1003 (1960), and cases cited.

The record shows that the appellant was in the outside lane of a four-lane highway proceeding, at approximately fifteen miles per hour, about fifteen feet behind a car traveling in the same direction; that, as the preceding car was entering an intersection, a third vehicle, approaching from the opposite direction, made an illegal left-hand turn forcing the preceding car to stop. During this time, appellant’s driver was looking to his right down the street to the south and failed to observe the third car as it made the illegal left-hand turn in front of the car ahead. We deem this to be substantial evidence upon which the trial court’s findings could be based. It is reasonable to conclude that the driver’s operation of the bus too closely to the preceding car at too great a rate of speed, under the circumstances, necessitated the abrupt stop which, in turn, caused the injury to the respondent.

Appellant contends this evidence does not show negligence by his employee driver, notwithstanding the high degree of care owed to passengers by public carriers, because he was not bound to have foreseen the illegal left-hand turn of the third car ahead. In support of this, appellant points out the established rule to the effect that drivers on the highway are entitled to assume that other users of the highway will properly yield the right of way until the driver knows or should know such right of way will not be granted, citing inter alia, Nopson v. Seattle, 33 Wn. (2d) 772, 207 P. (2d) 674 (1949) and Henderson v. Bahlman, 50 Wn. (2d) 259, 310 P. (2d) 1077 (1957). This rule does not justify a driver in merely depending upon other users of the highway obeying the rules of the road in every situation. Owens v. Kuro, 56 Wn. (2d) 564, 354 P. (2d) 696 (1960). In the Owens case (footnote 5), we quoted from 2 Blashfield Cyclopedia of Automobile Law and Practice (Perm, ed.) 298, 303, § 1028, as follows:

“ . . . The rule that a motorist has a right to assume that other users of the highway will not drive negligently . . . applies only in favor of those whose conduct measures up to the standard of due care. . . .” (Italics ours.)

This assumption does not excuse the operator of a motor vehicle from complying with the rules of the road applicable to a following driver. The rules of the road require that the operator of a motor vehicle shall not follow another car more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway. RCW 46.60.080. '

The general standard of care owed by the following car is stated in Miller v. Cody, 41 Wn. (2d) 775, 252 P. (2d) 303 (1953):

“Where two cars are traveling in the same direction, the primary duty of avoiding a collision rests with the following driver. In the absence of an emergency or unusual conditions, he is negligent if he runs into the car ahead. Tackett v. Millburn, 36 Wn. (2d) 349, 218 P. (2d) 298. The following driver is not necessarily excused even in the event of an emergency, for it is his duty to keep such distance from the car ahead and maintain such observation of that car that an emergency stop may be safely made. Ritter v. Johnson, 163 Wash. 153, 300 Pac. 518, 79 A. L. R. 1270; Larpenteur v. Eldridge Motors, 185 Wash. 530, 55 P. (2d) 1064; Cronin v. Shell Oil Co., 8 Wn. (2d) 404, 112 P. (2d) 824.” (Italics ours.)

The standard of care was more exacting of the bus driver in the instant case. A high degree of care is required of a common carrier for the safety of his passengers. Gentry v. Greyhound Corp., 46 Wn. (2d) 631, 283 P. (2d) 979 (1955). Under the circumstances of the instant case, it was the duty of the bus driver to follow the preceding car at a reasonable distance and keep his vehicle under control to avoid a rear-end collision safely, in case an emergency, which could reasonably be anticipated, should develop in the traffic ahead. Billington v. Schaal, 42 Wn. (2d) 878, 259 P. (2d) 634 (1953). A prudent bus driver, approaching a busy intersection under the facts of this case, should reasonably anticipate that a preceding car may be required to make an emergency stop. The trial court correctly concluded that the violation of the duty imposed upon the appellant’s employee as a following driver was the proximate cause of the abrupt stop, resulting in injury to the respondent.

The appellant finally contends the illegal left-hand turn of the third car constituted an intervening act of negligence which exonerated appellant from liability. This contention is without merit. The proximate cause of the injuries sustained by the respondent passenger was the failure of the appellant’s driver to operate the bus in the manner required under the circumstances, as we have previously stated in this opinion.

The judgment of the trial court is affirmed.

Hill, Finley, Rosellini, and Foster, JJ., concur.