Regenstreif v. Phelps
Regenstreif v. Phelps
Opinion of the Court
I. ISSUE
A vehicle driven by Appellee, Linda Phelps (“Phelps”), crossed the center line and struck head-on a vehicle driven by Appellant, Charlotte Regenstreif (“Regen-streif’). Because of evidence that “black ice” caused the accident, the trial court’s instructions qualified Phelps’s duties with a sudden emergency instruction. The jury found that Phelps did not violate her duties and returned a verdict in her favor. Was it error to qualify Phelps’s duties with a sudden emergency instruction? Because we hold that the adoption of comparative negligence did not abolish the sudden emergency doctrine, we overrule Bass v. Williams
II. BACKGROUND
On the morning of February 7, 1996, Phelps was making a routine journey from Versailles to Lexington, to the home of Dr. & Mrs. Piercy, in the Castlegate subdivision, where she provided childcare services for the Piercy’s children. As Phelps was turning into the subdivision, Regenstreif was preparing to drive her daughter, Cara, to school. Regenstreif had already backed out of her driveway and was beginning to proceed up a small, curved hill by her
Regenstreif and her daughter (collectively “Regenstreifs”) filed a negligence action against Phelps in the Fayette Circuit Court seeking damages from Phelps for their personal injuries and for damage to Regenstreifs automobile. At trial, Phelps testified that the road was clear from Versailles to Lexington, but that she lost control of her vehicle in the subdivision because of a patch of ice on the road in the curve. She testified that the ice was not visible from her vehicle and only observed the ice after leaving her vehicle after the accident. Mrs. Piercy testified that the roads in the subdivision were slick that morning. The officer who was called to the scene testified that ice was present on the roads in the subdivision and that her cruiser skidded on the ice past the scene of the collision when she arrived at the accident site. Based on the foregoing, the trial court instructions qualified Phelps’s duties with a sudden emergency instruction,
Although one of the specific duties that the jury instructions imposed on Phelps was a duty “[t]o drive and keep her automobile on the right hand side of the roadway[,]” and although it was undisputed that Phelps’ vehicle crossed the center line and struck Regenstreifs vehicle, the jury found that Phelps was not at fault and returned a verdict in her favor. In accordance with the verdict, the trial court entered a judgment dismissing the Regen-streifs’ complaint.
The Regenstreifs appeal the judgment, and the Court of Appeals, after noting that “[i]t is difficult to view the trial court’s disregard of Bass as anything but error,” held that the error was harmless. We granted discretionary review, and although we affirm the Court of Appeals, we overrule Bass to the extent that it abolished the sudden emergency doctrine. Accordingly, we hold that the trial court did not commit error by qualifying Phelps’s duties with a sudden emergency instruction.
III. ANALYSIS
The Regenstreifs, understandably, rely exclusively on Bass in seeking a reversal of the Court of Appeals’s decision. In Bass, the Court of Appeals found that the sudden emergency instruction “is in violation of the ‘direct proportion to fault’ concept”
A. Purpose of Comparative Negligence
Comparative negligence “calls for liability for any particular injury in direct proportion to fault.”
In 1984, this Court concluded that contributory negligence should be supplanted by comparative negligence and explained its reason for doing so:
Comparative negligence is not “no-fault,” but the direct opposite. It calls for liability for any particular injury in direct proportion to fault. It eliminates a windfall for either claimant or defendant as presently exists in our all-or-nothing situation where sometimes claims are barred by contributory negligence and sometimes claims are paid in full regardless of contributory negligence such as in cases involving last clear chance or defendant’s willful or wanton negligence.11
In 1988, the Kentucky legislature codified comparative fault.
B. Purpose of Sudden Emergency Qualification
The common-law doctrine of “sudden emergency” attempts to explain to a jury how to judge the allegedly negligent conduct of a person, plaintiff or defendant, who is suddenly confronted with an emergency situation that allows no time for deliberation.
[W]hen a defendant is confronted with a condition he has had no reason to anticipate and has not brought on by his own fault, but which alters the duties he would otherwise have been bound to observe, then the effect of that circumstance upon these duties must be covered by the instructions.16
In Kentucky, sudden emergency qualifications have been approved in automobile
While the driver must take into consideration the slippery condition of the highway, ... if the evidence shows that the accident resulted from a condition of the road and not from any negligence of the driver, no liability results, since it is common knowledge that an automobile may skid on a slippery highway without any negligence on the part of the operator.19
C. Was Sudden Emergency Doctrine Subsumed by Comparative Negligence?
The sudden emergency qualification was not subsumed by the compara-five negligence doctrine.
With the adoption of comparative negligence, the sudden emergency doctrine is now only a factor in the total fault analysis.
The core principle of comparative negligence is that “[o]ne is liable for an amount equal to his degree of fault, no more and no less.”
IY. CONCLUSION
We affirm the Court of Appeals and overrule Bass v. Williams to the extent that it rejects the sudden emergency doctrine.
. Ky.App., 839 S.W.2d 559 (1992).
. Although mentioned at oral argument, we do not address whether only certain of Phelps’s specific duties, as opposed to all of her duties, set forth in the instruction should be qualified by a sudden emergency instruction.
. Bass, 839 S.W.2d at 563.
. Id.
. Ky., 673 S.W.2d 713 (1984).
. Bass, 839 S.W.2d at 563.
. SCR 1.040(5).
. Hilen v. Hays, Ky., 673 S.W.2d 713, 718 (1984). Accord KRS 411.182.
. WILLIAM L. PROSSER & W. PAGE KEE-TON, PROSSER & KEETON ON TORTS 470 (5TH ed., Hornbook Series, 1984).
. Harris v. Thompson, Ky., 497 S.W.2d 422 (1973); Bass v. Williams, Ky.App., 839 S.W.2d 559, 563 (1992).
. Hilen v. Hays, Ky., 673 S.W.2d at 718 (citations omitted).
.1988 Ky. Acts ch. 224; KRS 411.182.
. Jeffrey F. Ghent, J.D., Annotation, Modem Status of Sudden Emergency Doctrine, 10 A.L.R.5th 680 (1993).
. Compton v. Pletch, 580 N.E.2d 664 (Ind. 1991); Brooks v. Friedman, 769 N.E.2d 696 (Ind.Ct.App. 2002).
. Ky., 497 S.W.2d 422 (1973).
. Id. at 428 (emphasis added).
. Harris v. Thompson, Ky., 497 S.W.2d 422 (1973) (where defendant driver encountered ice); Brown v. Todd, Ky., 425 S.W.2d 737 (1968) (where the defendant driver encountered a "good-sized dog”); Atlantic Greyhound Corp. v. Franklin, 301 Ky. 867, 192 S.W.2d 753 (1946) (where the defendant driver encountered ice).
. Brown v. Todd, 425 S.W.2d at 739.
. Atlantic Greyhound Corp. v. Franklin, 192 S.W.2d at 755 (citation omitted).
. Mosell v. Estate of Marks, 526 N.W.2d 179 (Iowa Ct.App . 1994).
. WILLIAM L. PROSSER & W. PAGE KEETON, PROSSER & KEETON ON TORTS 472 (5TH ed., Hornbook Series, 1984).
. Harris v. Thompson, Ky., 497 S.W.2d 422 (1973); Bass v. Williams, Ky.App., 839 S.W.2d 559, 563 (1992).
. Weiss v. Bal, 501 N.W.2d 478, 481 (Iowa 1993).
. Compton v. Pletch, 561 N.E.2d 803, 807 (Ind.Ct.App. 1990).
. Young v. Clark, 814 P.2d 364, 368 (Colo. 1991).
. Ross v. Vanderbilt University Medical Center, 27 S.W.3d 523 (Tenn.Ct.App. 2000). Accord RESTATEMENT (SECOND) OF TORTS § 296(1) ("In determining whether conduct is negligent toward another, the fact that the actor is confronted with a sudden emergency which requires rapid decision is a factor in determining the reasonable character of his choice of action.").
. Stratton v. Parker, Ky., 793 S.W.2d 817, 820 (1990).
Dissenting Opinion
dissenting.
Respectfully, I dissent from the majority opinion and would both reaffirm Bass v. Williams
With the adoption of comparative negligence this state abandoned a legal relic, the sudden emergency doctrine. Sudden emergency instructions serve only to confuse the jury and are incompatible with comparative negligence. As the Court of Appeals well reasoned, “The instruction has a quality to it that diminishes the duties of the defendant-driver ... and is-in violation of the ‘direct proportion to fault’ concept ...”
In my view, the majority opinion is a retreat from a modern and enlightened statement of law. While other states are moving away from the sudden emergency doctrine, we have done an about face without any indication of a demonstrable need for such action. Stare decisis is a legal principle that directs us to uphold our previous decisions, unless there is a sound legal and logical reason to do otherwise.
The reasons supporting abandonment of the sudden emergency doctrine were well
The hazard of relying on the doctrine of “sudden emergency” is the tendency to evaluate its principles above what is required to be proven in a negligence action. Even the wording of a well-drawn instruction intimates that ordinary rules of negligence do not apply to the circumstances constituting the claimed “sudden emergency.” Also it tends to confuse the principle of comparative negligence that is well ingrained in the jurisprudence of this State. The fallacy is pointed out in the instruction itself when after seemingly commenting on the evidence, the court instructs that the defendant should have “used the same degree of care that a reasonably prudent automobile driver would have used under the same or similar unusual circumstances.” In this Court’s opinion, the same rules of negligence should apply to all circumstances in a negligence action and these rules of procedure adequately provide for instructions on negligence.7
[[Image here]]
We conclude, therefore, that the orderly disposal of negligence cases would be best served by applying uniform principles of negligence under all circumstances.8
This view has been followed by a number of other jurisdictions.
A simple jury instruction apportioning fault eliminates any need for the sudden emergency instruction. In negligence cases, instructions are designed to apportion between or among the parties. Such apportionment obviously permits a determination that a party had no fault whatsoever. The sudden emergency doctrine is simply unnecessary and will disserve the fact-finding process.
For the reasons stated herein, I dissent.
GRAVES and STUMBO, JJ., join this dissenting opinion.
. Bass v. Williams, Ky.App., 839 S.W.2d 559 (1992).
. Id. at 563.
. Wemyss v. Coleman, Ky., 729 S.W.2d 174, 180 (1987).
. Dunleavy v. Miller, 116 N.M. 353, 862 P.2d 1212, 1218 (1993).
. Hilen v. Hays, Ky., 673 S.W.2d 713 (1984).
. Knapp v. Stanford, 392 So.2d 196, 198 (Miss. 1980).
. Id. at 199.
.See Wiles v. Webb, 329 Ark. 108, 946 S.W.2d 685 (1997); Dunleavy v. Miller, 116 N.M. 353, 862 P.2d 1212; McClymont v. Morgan, 238 Neb. 390, 470 N.W.2d 768 (1991); Simonson v. White, 220 Mont. 14, 713 P.2d 983 (1986).
Reference
- Full Case Name
- Charlotte REGENSTREIF, and Cara Regenstreif Appellants, v. Linda O. PHELPS Appellee
- Cited By
- 19 cases
- Status
- Published