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plaintiffnegligencetrialverdict

plaintiffdefendantnegligenceappealtrialmotionwill

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Doser v. Interstate Power Co., 173 N.W.2d 556

Facts

The incident occurred on January 23, 1967, when the plaintiff boarded a bus operated by Interstate Power Company. As the bus approached an intersection, it collided with a vehicle driven by Domitilla Cerjan, who turned left in front of the bus. Witnesses provided varying accounts of the bus's speed, with some stating it did not slow down before the impact. The collision resulted in injuries to the plaintiff, who was thrown from her seat during the accident.

Defendant operates the public bus system in Dubuque, Iowa. Shortly prior to 4:30 P.M., January 23, 1967, plaintiff boarded one of defendant's buses, paid her fare and took her seat.

Issue

The main legal issues were whether the trial court erred in granting a new trial based on instructional errors and whether the bus company was entitled to a judgment notwithstanding the verdict due to the claim that the negligence of the other driver was the sole proximate cause of the accident.

Defendant Interstate's appeal urges two grounds. First, it contends a judgment n.o.v. should have been granted because the evidence showed as a matter of law that the sole proximate cause of the collision was the negligence of Domitilla Cerjan, operator of the other vehicle, and the negligence of Interstate, if any, was not proximate.

Rule

The court applied the principle that common carriers must exercise a high degree of care for the safety of their passengers and that the issue of proximate cause is typically a question for the jury.

A carrier of passengers for hire must exercise more than ordinary diligence for their protection. Its duty stops just short of insuring their safety. It is bound to protect its passengers as far as human care and foresight will go and is liable for slight negligence.

Analysis

The court found that the trial court correctly submitted the issues of negligence, including failure to keep a proper lookout and excessive speed, to the jury. The court emphasized that the bus company had a duty to protect its passengers and that the evidence did not conclusively establish that the other driver's negligence was the sole proximate cause of the accident. The court also noted that the failure to instruct the jury on the assumption that other drivers would obey the law was a significant error that warranted a new trial.

Given the high degree of care demanded of common carriers and the factual situation presented, we hold the court was correct in submitting the various specifications of negligence to the jury.

Conclusion

The Supreme Court affirmed the trial court's decision to grant a new trial, concluding that the instructional error was prejudicial and that the trial court acted within its discretion.

The trial court has broad discretion in passing on a motion for a new trial. We are slower to interfere with the grant of a new trial than with its denial.

Who won?

The prevailing party was the plaintiff, as the Supreme Court upheld the trial court's decision to grant a new trial, allowing the plaintiff another opportunity to present her case.

The court's conclusion the inadvertent error was prejudicial was well within its discretion.

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