[DOWNLOAD] "Clara Edwards and Cliff B. Edwards v. John" by Supreme Court of Idaho No. 10988 # Book PDF Kindle ePub Free

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• Title: Clara Edwards and Cliff B. Edwards v. John
• Author : Supreme Court of Idaho No. 10988
• Release Date : January 05, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This appeal is from a suit for personal injuries that arose out of a rear-end collision which occurred on Highway 95, approximately 2.1 miles south of Payette, Idaho, at 3:00 p. m. on December 10, 1969. The sole issue on this appeal is whether the district court erred in refusing to instruct the jury on the doctrine of last clear chance. Mrs. Edwards, one of plaintiffs-appellants (hereafter, the plaintiff), was driving a 1962 Pontiac with her adult daughter and three small grandchildren as passengers. Mr. Walker, the defendant-respondent (hereafter, the defendant), was driving a 1959 Chevrolet half-ton pickup truck and pulling an empty, single-axle U-Haul trailer. His passengers were his wife and two small children. Previous to, and at the time of, the accident, it was snowing. Defendant, his wife, and the sheriff who investigated the accident testified that it was snowing quite heavily. Plaintiff and her daughter testified that it had been snowing heavily prior to the accident, but that at the time of the accident, it was snowing lightly. Descriptions of the road conditions also varied. Plaintiff testified the road was sort of slushy or wet, but that it was not slick. Her daughter testified that the road was slushy, it wasn't too awfully slick. The sheriff testified that there was slush on the road and the defendant said that the road had an inch or two of slush on it, and was slick. Plaintiff and defendant agree that their range of vision was limited to 300 feet more or less. At the location of the accident, Highway 95 consists of two northbound and two southbound lanes. Both vehicles were in the right-hand, southbound lane. Mrs. Edwards, the plaintiff, was ahead of Mr. Walker. She testified that she was intending to turn off the highway into an access road to the Riverside Trailer Court. The access road connects with Highway 95 on the east side of the highway. Because of her position in the western-most lane of the highway, plaintiff would have had to cross one southbound and two northbound lanes of traffic in order to reach the access road. Plaintiff testified that she was unable to change to the left-hand, southbound lane as she neared the access turn-off because of cars, traveling in the same direction, passing her in the left-hand lane. Plaintiff testified that as she neared the access road, she reduced her speed from 35 miles per hour and was going 10 to 20 miles per hour at the time of the impact. Her daughter testified that the speed of the Pontiac when it was hit was 15 or 20 miles per hour. Plaintiff said that she had switched on her turn signal preparatory to turning onto the access road but defendant said he did not see any signal light. Plaintiff further testified that her rear windshield was obscured by snow and fog, so she could not see cars approaching from behind in either lane, and that she was rolling down her window to look for an opportunity to turn left across the highway into the access road when defendant's truck struck her car from behind. Other than the occupants of the two vehicles, there were no eyewitnesses to the accident.

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