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negligencetrialwilljury instructions
trialwilljury instructions

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Tapp v. Blackmore Ranch, Inc., 254 Neb. 40, 575 N.W.2d 341

Facts

Patty Tapp, a passenger in an 18-wheeler driven by her husband, Emmet Tapp, was injured when their vehicle collided with a flatbed truck owned by Louis J. Fahy, which was stopped on U.S. Highway 20. Fahy had stopped his truck due to mechanical issues and activated hazard lights to warn oncoming traffic. Despite efforts to signal approaching vehicles, Tapp's truck collided with Fahy's truck, resulting in Tapp's injuries. The district court instructed the jury that Emmet Tapp was negligent as a matter of law, which Tapp contested.

Patty Tapp, a passenger in an 18-wheeler driven by her husband, Emmet Tapp, was injured when their vehicle collided with a flatbed truck owned by Louis J. Fahy, which was stopped on U.S. Highway 20.

Issue

Did the district court err in instructing the jury that Emmet Tapp was negligent as a matter of law and in the combination of jury instructions regarding proximate cause and efficient intervening cause?

Did the district court err in instructing the jury that Emmet Tapp was negligent as a matter of law and in the combination of jury instructions regarding proximate cause and efficient intervening cause?

Rule

It is permissible to instruct a jury that a third party who is not a party to the action is negligent as a matter of law. The determination of causation is ordinarily a question for the trier of fact, and jury instructions must be clear and not misleading.

It is permissible to instruct a jury that a third party who is not a party to the action is negligent as a matter of law. The determination of causation is ordinarily a question for the trier of fact, and jury instructions must be clear and not misleading.

Analysis

The court found that while it was permissible to instruct the jury that Emmet Tapp was negligent as a matter of law, the combination of this instruction with the definition of efficient intervening cause was misleading. The jury could have been confused into believing that Tapp's negligence was an efficient intervening cause, which would preclude them from finding Fahy also liable. This confusion undermined Tapp's right to a fair trial.

The court found that while it was permissible to instruct the jury that Emmet Tapp was negligent as a matter of law, the combination of this instruction with the definition of efficient intervening cause was misleading.

Conclusion

The Supreme Court reversed the district court's judgment and remanded the case for a new trial due to prejudicial errors in the jury instructions.

The Supreme Court reversed the district court's judgment and remanded the case for a new trial due to prejudicial errors in the jury instructions.

Who won?

Louis J. Fahy prevailed in the initial trial, but the Supreme Court's reversal means he will face a new trial.

Louis J. Fahy prevailed in the initial trial, but the Supreme Court's reversal means he will face a new trial.

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