CERVELLI V. GRAVES
661 P.2d 1032 (1983)
NATURE OF THE CASE: Cervelli (P) appealed a judgment which found for Graves (D) in P's
personal injury action for negligence when a cement truck driven by D and P's pickup truck
collided while on an icy and slick road.
FACTS: A collision occurred between P and D's cement truck. The road was icy and very
slick; witnesses described it as covered with 'black ice.' P had difficulty controlling his
vehicle and began to 'fishtail' on the ice. He eventually lost control of his vehicle and
started to slide. D, who had been approaching appellant from behind at a speed of 35-40
m.p.h., attempted to pass D's swerving vehicle first on the left side, then the right. D
lost control of his cement truck and the two vehicles collided. P sued to recover damages
for the numerous injuries he suffered. D was an experienced, professional truck driver with
over ten years of truck driving experience. He possessed a class 'A' driver's license which
entitled him to drive most types of vehicles including heavy trucks. He had attended the
Wyoming Highway Patrol's defensive driver course and had kept up-to-date with various
driving safety literature. The jury found no negligence on the part of Ds. P moved for a new
trial claiming the jury was improperly instructed. The district court took no action on the
motion; it was deemed denied in sixty days. P appealed. P had objected to jury instructions
that did not hold D to a higher duty of care because D was a professional truck driver.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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