Yellow Cab Co. of Louisville v. Crume

552 S.W.2d 662, 1977 Ky. App. LEXIS 727
CourtCourt of Appeals of Kentucky
DecidedApril 1, 1977
StatusPublished

This text of 552 S.W.2d 662 (Yellow Cab Co. of Louisville v. Crume) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yellow Cab Co. of Louisville v. Crume, 552 S.W.2d 662, 1977 Ky. App. LEXIS 727 (Ky. Ct. App. 1977).

Opinion

PARK, Judge.

This case arises out of a series of rear end collisions between four vehicles traveling in the same direction on a four lane street in the City of Louisville. At the close of all of the evidence, the circuit court directed a verdict on the issue of liability in favor of the plaintiff who was the driver of the third vehicle in line, against the owner and operator of a taxicab which was the fourth vehicle in line. The circuit court also directed a verdict in favor of the operators of the first two vehicles in line. The jury then returned a verdict on the issue of damages in favor of the plaintiff, Crume, against the Yellow Cab Company and its driver, Woods, for $47,624.09. The Yellow Cab Company and Woods appeal on the ground that the circuit court erred in directing a verdict against them in favor of Crume. They also claim the circuit court erred in directing a verdict in favor of the first two drivers, Miller and Bickett. In a cross-appeal, Crume also claims that it was error to direct a verdict in favor of Miller and Bickett.

The four vehicles were being operated in a southerly direction on Twenty-Second Street. In the vicinity of its intersection with Algonquin Parkway, Twenty-Second Street is a four lane street with two north bound and two south bound lanes of traffic. South of Algonquin Parkway, Twenty-Second Street intersects Dixdale Avenue. South of Dixdale Avenue, Twenty-Second Street curves to the left or east and becomes Bernheim Lane. The four lane street continues as Bernheim Lane in an easterly direction to Dixie Highway, a main north-south artery.

For traffic traveling south, Twenty-Second Street and Bernheim Lane appear as a single continuous four lane street. At the point where the four lane street curves to the east and becomes Bernheim Lane, Twenty-Second Street continues to the southwest as a two lane side street.

All four vehicles were traveling south on Twenty-Second Street — Bernheim Lane with the intention of making a right turn onto Dixie Highway at its intersection with Bernheim Lane. There were three separate collisions. The first and second vehicles (Miller and Bickett) collided; the second [664]*664and third vehicles (Bickett and Crume) collided; and the third and fourth vehicles (Crume and Woods) collided. The first impact occurred between the two lead vehicles, Miller and Bickett. However, there is a dispute among the parties as to whether the second impact was between Crume and Bickett or whether Crume was first struck by Woods and propelled into Bickett’s automobile. There is also dispute with respect to the lane in which each vehicle was traveling immediately prior to the various impacts. However, it is clear that all of the vehicles were either in, or attempting to get in the curb or outside right lane of traffic in order to make a right turn at Dixie Highway.

The first question presented is whether the circuit court erred in directing a verdict in favor of Crume against the Yellow Cab Company and its driver Woods. This question involves two issues: (1) Was Woods negligent as a matter of law? (2) Was Crume free from contributory negligence as a matter of law? The second question is whether the circuit court erred in directing a verdict for Miller and Bickett on the ground that any negligence on their part was not a substantial factor in causing Crume’s injuries.

Woods testified that he had been following Crume in the median or inside left lane of traffic on Twenty-Second Street. In describing his collision with Crume, Woods testified:

“A. Well, at Dixdale there I was going to turn right on Dixie so I proceeded to turn the signal on and pull over into the right lane, and I got all the way over in the right lane except for about my left rear wheel. Mr. Crume pulled over all the way along, you know, all of a sudden like; and the next thing I heard there was a crash and Mr. Crume came to an abrupt stop and I hit him in the rear end.
* * * * * *
Q.34 What did you see Mr. Crume’s car do after he cut across in front of you?
A. Come to an abrupt stop.
Q.35 Now, what did your taxicab do when Mr. Crume came to an abrupt stop?
A. Hit — well, it just hit Mr. Crume in the rear end.
* * * * * *
Q.159 Were you checking your mirror at any time when you were making this cut across from one lane in to the other?
A. Yes, sir.
A. 160 When were you checking your mirror?
A. When I — right before I decided to change lanes.
Q.161 Alright. About how many car lengths were you behind the Crume vehicle when you started cheeking your mirror?
A. About two, two and a half.
Q.162 Alright. And which mirror was it that you checked?
A. Rear-view inside.
Q.163 When you were about two and a half car lengths behind?
A. Yes, sir.
Q.164 Alright. Then you looked in your mirror. Then you looked ahead and the Crume vehicle was coming to a halt; is that correct?
A. Yes, sir.”

Woods further testified that his left front fender struck the rear bumper of Crume’s pickup truck.

Crume testified that he was following Bickett’s automobile in the right or curb lane of Twenty-Second Street. As they approached Dixdale Avenue, both Crume and Bickett pulled into the inner or left lane of traffic in order to go around an automobile which was turning right into the two lane continuation of Twenty-Second Street. At that point Crume observed that Bickett was following Miller’s pickup truck which was also being operated in the median or left lane of traffic. As the street continued into Bernheim Lane, all three vehicles attempted to get into the curb or right lane of traffic.

[665]*665Crume testified that, as Bickett entered the right lane of traffic, he saw Miller’s pickup truck pull in front of Bickett. Crume did not see any signal given by Bickett, and he testified that Bickett’s automobile blocked his view of any signal that Miller might have given. Crume further testified that Bickett brought his automobile to a stop when Miller’s pickup truck cut in front of him. Crume testified:

“Q.198 At least, you said when Mr. Bickett apparently realized or saw the pickup truck coming across that Mr. Bickett began to stop and also turned his vehicle to the right as far as he could get over against the curb?
A. That’s true.
Q.199 And you don’t really know — or at that point you don’t really know whether the pickup truck had actually contacted Mr. Bickett’s car or not?
A. No. I seen he was pretty close.
Q.200 But Mr. Bickett did come to a stop, what you describe as something less than a panic stop or an abrupt stop, and at that time there was no contact between your vehicle and Mr. Bickett’s vehicle at all?
A. No, sir, there wasn’t.
Q.201 Then after Mr.

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Bluebook (online)
552 S.W.2d 662, 1977 Ky. App. LEXIS 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yellow-cab-co-of-louisville-v-crume-kyctapp-1977.