Wright v. Carroll

452 S.W.3d 127, 2014 Ky. LEXIS 495, 2014 WL 5393925
CourtKentucky Supreme Court
DecidedOctober 23, 2014
DocketNo. 2013-SC-000528-DG
StatusPublished
Cited by18 cases

This text of 452 S.W.3d 127 (Wright v. Carroll) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Carroll, 452 S.W.3d 127, 2014 Ky. LEXIS 495, 2014 WL 5393925 (Ky. 2014).

Opinion

Opinion of the Court by

Justice SCOTT.

I. BACKGROUND

Appellant Reuben Wright was driving a tractor-trailer, owned by Appellant Matthew Keeton Trucking, in the southbound lane of a two-lane road when he approached a blind curve that is closely followed by an intersection. On Wright’s side of the road, there was a road sign located in the curve warning of the upcoming intersection. Wright drove this route regularly and was aware of the intersection. Nevertheless, Wright testified that he did not expect any vehicles to be stopped at the intersection when he entered the curve.

However, as Wright rounded the curve, he saw multiple vehicles stopped in his lane waiting to turn left. Wright slammed on his brakes and steered to the right into a ditch to avoid rear-ending the stopped vehicles. His brakes locked, leaving one-hundred feet of skid marks. Although Wright successfully avoided colliding with the vehicles stopped in the southbound lane, his trailer swung into the northbound lane, where it struck Appellee Kim Carroll’s vehicle. Carroll sustained serious injuries to her legs from the collision. It is undisputed that Carroll was not operating her vehicle negligently when the collision occurred.

Carroll filed suit in Elliott Circuit Court against Wright and Matthew Kee-ton Trucking1 alleging that negligent maintenance and operation of the tractor-trailer proximately caused the accident and the resultant injuries. Two jury trials eventually ensued from the personal injury action. In the first trial, the jury was instructed on the “sudden emergency” doctrine and returned a verdict in favor of Wright. On appeal, the Court of Appeals held that the sudden emergency doctrine wag inapplicable because the vehicles properly stopped to turn at the intersection did not constitute an “emergency” that Wright could not have anticipated. Carroll v. Wright, 2009 WL 414064 (Ky.App.2009) (“Carroll I”). As a result, it reversed and remanded the case back to the circuit court for retrial.

On remand, Wright argued that the accident was created by an “unforeseen circumstance” and that he did the best he could to avoid causing an accident. The [130]*130second jury was not instructed on the sudden emergency doctrine, and, contrary to the first trial, it was also not instructed that Wright had a duty to stay in the right lane. The jury again returned a verdict in favor of Wright. Carroll appealed and the Court of Appeals held that the trial court should have granted her motion for directed verdict in the second trial and ordered the case to be retried only on the issue of damages. Carroll v. Wright, 2012-CA-000787-MR, 2013 WL 1365941 (Ky.App.2013) (“Carroll II”).

Wright filed a motion for discretionary review, which this Court granted. He argues that the Court of Appeals erred by (1) violating the law-of-the-case doctrine, (2) applying an improper standard of review and misstating material facts, and (3) misconstruing KRS 189.300(1). We affirm the Court of Appeals for the following reasons.

II. ANALYSIS

A. Law-of-the-case Doctrine

Wright argues on appeal that the Court of Appeals’ Carroll II opinion violated the law-of-the-case doctrine because it is contrary to its Carroll I opinion. We disagree.

The law-of-the-case doctrine involves a handful of related rules, but the general principle is that a court addressing later phases of a lawsuit should not reopen questions decided by that court or by a higher court during earlier phases of the litigation. Brown v. Commonwealth, 313 S.W.3d 577, 610 (Ky.2010). Where multiple appeals occur in the course of litigation, the law-of-the-case doctrine provides that issues decided in earlier appeals should not be revisited in subsequent ones when the evidence is substantially the same. Id. (citing Inman v. Inman, 648 S.W.2d 847 (Ky.1982)). This rule serves the important interest litigants have in finality by guarding against the endless reopening of already-decided questions. Id. It also serves the equally important interest courts have in judicial economy by preventing the drain on judicial resources that would result if previous decisions were routinely subject to reconsideration. Id. Nevertheless, the law-of-the case doctrine is prudential in nature and serves to direct a court’s discretion, not limit its power. Id. As such, an appellate court may deviate from the doctrine if its previous decision was “clearly erroneous and would work a manifest injustice.” Id. (citing Arizona v. California, 460 U.S. 605, 618, n. 8, 103 S.Ct. 1382, 75 L.Ed.2d 318 (1983)).

In Carroll I, the Court of Appeals held that it was improper for the jury to be instructed on the sudden emergency doctrine. However, the court added, “[o]n the other hand, Carroll was not entitled to a directed verdict. The trial court correctly ruled that the issue of whether Wright had been negligent in failing to slow down before the curve, or whether he was driving too fast in the first place, was a question for the jury.” Carroll v. Wright, 2009 WL 414064, at *9 (Ky.App.2009). Wright bases his entire law-of-the-case argument on these two sentences from the Court of Appeals’ nine-page opinion, which predominately and undisputedly focused on the applicability of the sudden emergency doctrine. He contends that because of those two sentences, it was improper for the Court of Appeals to hold that a directed verdict should have been granted in favor of Carroll in the second trial.

Although not entirely clear from the record, we will assume that the Court of Appeals was presented with the issue of whether a directed verdict should have been granted in Carroll I.2 The Court of [131]*131Appeals unequivocally and elaborately determined that the jury could not be instructed on the sudden emergency doctrine. In contrast, it failed to similarly elaborate on why Carroll was not entitled to a directed verdict. The court merely held that, in the first trial, questions about Wright’s speed of travel were properly submitted to the jury.

Our case law has made clear that the sufficiency of evidence in a second trial can affect the appropriateness of a directed verdict without violating the law-of-the-case doctrine. In Lake v. Smith, 467 S.W.2d 118 (Ky.1971), our predecessor Court held that it did not violate the law-of-the-case doctrine when after the first trial, the appellate court held that there was a question of fact for the jury, and then, after a second trial, held that a directed verdict should have been granted. We stated:

The ‘law of the case’ rule requires that-we make comparison of the evidence at the two trials to determine if the substance and probative effect of that at the second trial was equal or superior to that of the first. The rule does not prohibit us from determining whether the evidence on the second trial authorized submission to the jury.

Id. at 119;

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452 S.W.3d 127, 2014 Ky. LEXIS 495, 2014 WL 5393925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-carroll-ky-2014.