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Vincen v. Lazarus

456 P.2d 789, 93 Idaho 145, 1969 Ida. LEXIS 275
CourtIdaho Supreme Court
DecidedJuly 3, 1969
Docket10277
StatusPublished
Cited by13 cases

This text of 456 P.2d 789 (Vincen v. Lazarus) 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
Vincen v. Lazarus, 456 P.2d 789, 93 Idaho 145, 1969 Ida. LEXIS 275 (Idaho 1969).

Opinions

McQUADE, Justice.

This opinion treats together two actions which were consolidated for disposition, since they both arose out of the same accident. During the late afternoon of July 23, 1965, plaintiff-respondent David Vincen (Vincen) accompanied by his wife, was driving his employer’s 1955 GMC truck northerly on Highway 28, a two-lane highway, in Lemhi County, Idaho, and near the old mining town of Gilmore. The truck was a flatbed and was loaded with an Ingersoll-Rand rock drill weighing 5,000 to 6,000 lbs. It was daylight, the weather was clear, the highway was dry, level and straight for several miles in each direction and there were no sight obstructions. Both Mr. and Mrs. Vincen testified that the speed of the truck was 50 to 55 miles per hour.

At the same time and place defendant-appellant Lazarus was driving his Jeep station wagon in a northerly direction on Highway 28 and was ahead of plaintiffs’ truck. He was pulling a small teardrop trailer which was equipped with red brake and left-right turn signals all of which were electrical and were in good operating condition. Lazarus had missed a turn off of Highway 28 and had slowed down for several miles to a speed 15 to 20 miles per hour and was looking for a place on either side of the highway to turn around and reverse his direction. As Lazarus approached the place where the accident occurred, but before he actually saw the intersecting road, he observed plaintiffs’ truck some distance behind him in the right hand or northbound lane of travel. Because of the trailer, defendant was able to utilize only the side rear view mirror and not the in[147]*147side rear view mirror. About ten seconds later, according to Lazarus’ testimony, Lazarus put on his left turn signal and after an additional three to five seconds began his left turn into the two-rut Hilltop Mine Road.

The Vincens testified that they observed the Jeep and trailer ahead of them in their own lane of traffic traveling very slowly and that they were rapidly overtaking it. Vincen states that he observed the highway in both directions, turned on his left turn signal about a city block behind defendant, pulled into the left lane, and during the city block proceeded to overtake defendant’s vehicle. As plaintiffs’ truck was about 15 to 20 feet from the rear of the trailer the Vincens saw for the first time a red light flash on the trailer, and the Jeep commenced its left turn. Vincen did not sound his horn, turn, or attempt to apply his brakes until the moment of the impact which was in the left lane of travel. The left front of Lazarus’ Jeep hit the right rear double wheels of Vincen’s truck. The Jeep and trailer came-to rest still on the highway and the truck rolled several times and came to rest between 300 and 400 feet from the point of impact and facing a southerly direction on the westerly side of the highway.

The characteristics of the roads involved where the accident occurred are best ascertainable from plaintiffs’ photographic exhibit no. 1:

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Vincen v. Lazarus
456 P.2d 789 (Idaho Supreme Court, 1969)

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Bluebook (online)
456 P.2d 789, 93 Idaho 145, 1969 Ida. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vincen-v-lazarus-idaho-1969.