Cervelli v. Graves

661 P.2d 1032 (1983)

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Nature of the Case

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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.