FERRELL V. BAXTER 484 P.2d 250 (Alaska 1971) CASE BRIEF

FERRELL V. BAXTER

484 P.2d 250 (Alaska 1971)

NATURE OF THE CASE: Ferrell (D) sought review of the judgment which entered a jury verdict in favor of Baxter (Ps), a passenger and the passenger's husband, in their negligence action against D and a trucker and owner and in favor of the trucker and owner in D's cross-claim and the D's daughter's and D's husband's actions against them. We have abandoned P and D abbreviations in the facts as this accident was a bit too confusing as to who was who.

FACTS: Ferrell, her daughter Linda, and Mrs. Baxter, a friend, set out for Fairbanks. Graves was a truck driver and was driving a 1960 Mack tractor and pulling a flat-bed Fruehauf trailer. The road was generally good, but ice made it slippery in spots. The yellow line down the center of the road was visible only occasionally. The sunless sky was overcast; the temperature was about 0 degrees F.; and it was not snowing at the time of the accident, although snow began falling soon afterwards. The traffic lanes were visible because numerous vehicles had packed the snow with prints of their passage. Because of the tendency of previous drivers to 'cut' the curve, the traffic lanes had shifted about two feet to the northeast or inside. As Graves entered the curve, he was within eight inches of the snow berm on his side of the road. Ferrell's car was taking the curve in the middle of the road. She also appeared to him to be going thirty-five to forty miles per hour, too fast to negotiate the curve safely. Ferrell's car hit the left front wheels of the trailer. The trailer wheels went up over the hood of the car. Rudy Voigt, a witness for Ferrell, placed the point of impact at the center of the road. A State Trooper, Sgt. Lowell Janson, a witness for Graves and Sea-Land, placed the 'point of maximum effect' several feet inside the southbound lane. Ferrell and Mrs. Baxter suffered serious personal injuries. Linda Ferrell suffered minor injuries. The Ferrell automobile suffered extensive damage. The truck suffered minor damage. Baxter sued Ferrell, Graves and Sea-Land, Inc., for her personal injuries. Her husband sued for his derivative claims. Ferrell cross-claimed against Graves and Sea-Land for her personal injuries. Her husband sued Graves and Sea-Land for his derivative losses. Linda Ferrell sued Graves and Sea-Land for her personal injuries. Sea-Land cross-claimed against Ferrell for property damage to the truck. After a jury trial Ferrell was found negligent. Mrs. Baxter was awarded $25,000 in damages. Mr. Baxter was awarded $2,000. Sea-Land was awarded $855.25. Mr. and Mrs. Baxter were awarded $3,550 in attorney's fees against Ferrell. Mr. Graves and Sea-Land, who maintained a common defense, were awarded attorney's fees of $7,100 - $3,550 against Ferrell and $3,550 against the Baxters. Mr. and Mrs. Ferrell and Linda have appealed the judgment alleging numerous errors related to jury instructions and expert testimony.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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