State v. Olsen

462 N.W.2d 474 (1990)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was driving a tractor west on Highway 46. Visibility was good as it was a clear, sunny day. D entered the highway from a field where he had been working and was traveling between five and fifteen miles per hour. After traveling approximately one-half mile on the highway, Olsen pulled over to the side of the road to allow a car that was following him to pass. A second vehicle, driven by Lloyd Saugstad, was a short distance farther back. D turned left toward a gravel road leading to his parents' home. As he was crossing the eastbound lane of the highway, the front of the tractor was struck by a car traveling east in that lane. The driver of the eastbound vehicle died immediately. When Saugstad approached the accident scene, D ran from the tractor saying 'I didn't see it.' D was taken to a clinic and treated for shock. P charged D with manslaughter in the second degree. At the preliminary hearing, Saugstad testified that he saw the eastbound vehicle coming and knew that a crash was imminent when D turned his tractor. The highway patrol trooper who investigated the accident testified that D told him that before attempting to make his turn he looked both behind and forward, but did not see the approaching vehicle. D moved to dismiss the complaint against him. The magistrate granted D's motion and dismissed the manslaughter charge because 'the factual situation fails to meet the burden to sustain a charge of felony manslaughter.' P appealed.