Whaley v. Anderson

458 N.W.2d 155, 1990 Minn. App. LEXIS 715, 1990 WL 97050
CourtCourt of Appeals of Minnesota
DecidedJuly 17, 1990
DocketNo. C0-90-145
StatusPublished
Cited by2 cases

This text of 458 N.W.2d 155 (Whaley v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whaley v. Anderson, 458 N.W.2d 155, 1990 Minn. App. LEXIS 715, 1990 WL 97050 (Mich. Ct. App. 1990).

Opinions

OPINION

KLAPHAKE, Judge.

On January 5, 1988, appellant Robert C. Whaley was injured in the course of his employment with G. Heileman Brewing Company, Inc., (Heileman) when he was [157]*157pinned to a loading dock by another company’s delivery truck being moved without authorization by his co-worker, Ronald Tschida.

Whaley brought action in Ramsey County District Court against the owner of the truck, Gary Swan Anderson, (Anderson) and against New York Tea-Sysco (NYTS), with which Anderson had contracted to deliver coffee. On Anderson’s and NYTS’ motions, the trial court granted summary judgment, finding no genuine issue of material fact as to negligence, foreseeability, or special circumstances. Whaley appeals.

FACTS

On the morning of Whaley’s injury, Anderson commenced his normal delivery route for NYTS. Anderson fell behind in his route due to a flat tire and cold weather and arrived at the Quality Inn at approximately noon. The Quality Inn’s posted policy calls for deliveries to occur prior to the noon hour due to congestion in the parking lot and only one loading dock.

Anderson drove into the parking lot and parked his truck flush against the single stall loading dock. The parking lot near the loading dock has a slight downward grade toward the dock. Anderson parked the truck without affixing the brake. Due to the extremely cold weather, Anderson left the truck running with the keys in the ignition. Anderson left the doors of the cab unlocked and commenced his delivery.

On the morning of his injury, Whaley was delivering Schmidt beer for Heileman. The regular driver servicing the Quality Inn was on vacation. Tschida was the normal helper on the route, but on the day of the accident was assigned to drive. Tschi-da’s duty was to drive the truck and collect payment from the customer. Whaley was to physically deliver the beer.

Because Anderson’s truck was backed up to the loading dock, Tschida was forced to park to the west. He waited for approximately five minutes before going inside. After about five minutes, Tschida returned. Tschida walked through the building to confer with the bartender and to retrieve an empty keg from the kitchen. While inside, Tschida did not observe Anderson anywhere. Not having seen Anderson inside, Tschida waited another minute or two for Anderson to return to his truck.

Observing that his own truck was blocking traffic and that Anderson’s truck was running, Tschida decided to move Anderson’s truck so he could gain access to the dock. Tschida entered Anderson’s truck observing that the emergency brake was not affixed. Tschida moved the truck forward about four feet, put the truck back into neutral with the motor running and pulled the brake lever toward him, attempting to activate the brake. Either during or after Tschida was getting out of Anderson’s truck, the vehicle rolled backwards, pinning Whaley to the dock and severly injuring him.

The emergency brake in Anderson’s truck has an adjustment knob which may be utilized to tighten or loosen the brake in accordance with the tension needed to hold the vehicle. Anderson testified that the emergency brake was “backed off” at the time of the accident. He indicated the brake was adjusted in such a manner because he was afraid it would cause drag on the engine even though not affixed. Anderson stated that he tightens the adjustment before affixing the brake when he needs it or if the truck is left running. Whaley’s brake expert, Thomas Mike, testified by affidavit that to “back off” an emergency parking brake is unsafe. He further testified that if an emergency brake is adjusted normally, it will not cause drag on the engine.

ISSUES

1. Is there a genuine issue regarding facts material to the “special circumstances” test precluding summary judgment in favor of respondent?

2. Is there a genuine issue as to the motor vehicle owner impliedly consenting to an unauthorized party moving his vehicle, precluding summary judgment in favor of respondent?

[158]*158ANALYSIS

I.

On appeal from summary judgment, an appellate court must determine whether any genuine issues of material fact exist and whether the trial court erred in its application of the law. Niccum v. Hydra Tool Corp., 438 N.W.2d 96, 98 (Minn.1989). Generally, issues of negligence and proximate cause are questions of fact not appropriate for determination on summary judgment. Sauter v. Sauter, 244 Minn. 482, 486, 70 N.W.2d 351, 354 (1955). Under appropriate circumstances, however, “where material facts are not in dispute, and as a matter of law compel only one conclusion,” summary adjudication may be appropriate. Id.

Minnesota law would generally insulate Anderson from liability for Tschida’s intervening acts if Tschida were a thief. See Wannebo v. Gates, 227 Minn. 194, 201-02, 34 N.W.2d 695, 699 (1948) (owner of vehicle could not have foreseen thief would have been more likely than ordinary driver to negligently cause accident occurring some time after flight from the scene of theft had terminated). Negligent driving by an auto thief is an efficient intervening cause of a plaintiffs injuries, relieving a vehicle owner of liability. Kalberg v. Anderson Bros. Motor Co., 251 Minn. 458, 459-60, 88 N.W.2d 197, 198-99 (1958); Anderson v. Theisen, 231 Minn. 369, 372, 43 N.W.2d 272, 274 (1950).

An exception to the general rule is the special circumstances test announced in State Farm Mutual Automobile Insurance Co. v. Grain Belt Breweries, Inc., 245 N.W.2d 186 (Minn.1976). The Grain Belt court determined that although the failure to remove an ignition key might not render the motorist liable for consequences of an intermeddler’s carelessness under normal circumstances, such an omission may constitute actionable negligence in the presence of “special circumstances.” The court held an owner of a delivery truck was negligent where the vehicle has been parked unattended in a locality which was known, or should have been known to the driver to be one frequented by individuals who might be expected both to tamper with the vehicle and lack the capacity necessary to operate it safely. Grain Belt, 245 N.W.2d at 189. The court recognized:

Special circumstances which impose a greater potentiality of foreseeable risk or more serious injury, or require a lesser burden of preventative action, may be deemed to impose an unreasonable risk on, and a legal duty to, third persons.

Id. at 189 (citing Hergenrether v. East, 61 Cal.2d 440, 393 P.2d 164, 166, 39 Cal.Rptr. 4, 6 (1964)).

The Grain Belt court did not imply that all cases involving the negligent driving of a thief must be submitted to a jury.

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Related

Stelling v. Hanson Silo Co.
563 N.W.2d 286 (Court of Appeals of Minnesota, 1997)
Whaley v. Anderson
461 N.W.2d 913 (Supreme Court of Minnesota, 1990)

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Bluebook (online)
458 N.W.2d 155, 1990 Minn. App. LEXIS 715, 1990 WL 97050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whaley-v-anderson-minnctapp-1990.