Plaintiffs, Edwin Woodiwiss and Joy Payne, brought this action against the defendant, Karen L. Rise, to recover for personal injuries and property damage arising out of a rear-end automobile collision. From a jury verdict in favor of defendant, plaintiffs appeal.
The accident occurred at about 1 a.m. on July 5, 1968 on state highway 10, on the east side of Snoqualmie Pass in the Hyak area. At the point of the accident, state highway 10 is a divided 4-lane highway, the eastbound and westbound lanes being separated by terrain. The accident occurred in the two eastbound lanes. Each of these lanes
All parties were acquainted and were enroute to Ellensburg from Puyallup, Washington, in two separate automobiles. Plaintiff Edwin Woodiwiss was driving his 1965 Chevrolet and was the lead car. He was accompanied by plaintiff Joy Payne. Defendant Karen Rise drove her 1960 Rambler station wagon and was the following car. She was accompanied by the children of Joy Payne and her own child.
Plaintiff testified as he was traveling down the east side of Snoqualmie Pass approaching the Hyak area, he went around a right-hand curve and as he was entering a left-hand curve traveling approximately 45 miles per hour, a fawn darted across the road in front of his car; he immediately applied his brakes, reducing his speed to approximately 15 or 20 miles per hour; he was not sure whether he actually hit the fawn; and before he could again accelerate his car, he was hit in the rear by defendant's vehicle. Plaintiff testified he came to a complete stop within 10 to 15 feet; the point of impact was in the right-hand lane just as he started to enter the left-hand curve.
Defendant testified she lost sight of plaintiff's vehicle as she left the summit of Snoqualmie Pass; as she was approaching the Hyak area she went around a right-hand curve at approximately 40 to 45 miles per hour and spotted plaintiff's vehicle about 150 to 200 feet ahead of her on a straight-away before the next left-hand curve; she thought plaintiff's vehicle was in motion; when she decided plaintiff's vehicle was not moving, she immediately applied her brakes and while skidding at 10 to 15 miles per hour collided with the rear of plaintiff's vehicle. Because of an embankment on one side of the road, a ditch on the other and the presence of the children in the car, she elected not
Trooper Kenneth W. Brickman who arrived at the scene following the accident testified he determined from dirt, water and tail-light lenses lying in the roadway that the point of impact was in the right eastbound lane. He looked for skid marks from either vehicle but could find none. Trooper Brickman testified a driver rounding the right-hand curve could first see the point where he found debris at a distance of approximately 319 yards.
Plaintiff Joy Payne testified Mr. Woodiwiss was traveling about 60 miles per hour as he traveled around a right-hand curve and had slowed to 50 miles per hour at the point of the accident; their vehicle collided with a deer; and immediately thereafter they were hit in the rear by defendant's vehicle. She testified the point of impact was in the right lane of traffic, approximately one-third of the way back from the left-hand curve. (Based on Trooper Brickman's testimony, this would be about 600 feet from a point in the right-hand curve where this point of impact was first visible.)
The exhibits in evidence show the right- and left-hand curves, as referred to by the parties, were gradual as contrasted to sharp curves. Plaintiffs claim the trial court erred in denying their motion for new trial, submitting instructions on unavoidable accident and the emergency doctrine, and in failing to submit certain instructions on defendant's duties and others that would have directed a verdict for plaintiffs.
Third, plaintiffs claim the trial court erred in refusing to give proposed instructions covering defendant's failure to observe traffic upon the public highway, failure to timely apply her brakes, failure to keep a proper lookout, failure
Last, plaintiff claims the trial court erred in refusing to direct a verdict for plaintiff or to give proposed instructions having the same effect. This was not error in view of our holding with respect to the issue presented by the emergency instruction.
Judgment reversed and the case remanded for trial in accordance with this opinion.
EVANS, C.J., and MUNSON, J., concur.