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Lyons v. Walsh & Sons Trucking Co.7/31/2002
Argued and submitted May 3, 2002, Wilson High School, Portland.
In this personal injury case arising out of a fatal automobile accident, plaintiffs, the parents and co-personal representatives of the estate of Oregon State Police Trooper Scott Lyons, appeal from a jury verdict and judgment in favor of defendant Walsh & Sons Trucking Company. On appeal, plaintiffs argue that the trial court reversibly erred both in admitting evidence describing the fault of Lyons's colleague, OSP Sergeant Rector, and in failing to instruct the jury that Rector's conduct could be considered only if it was the "sole and exclusive" cause of Lyons's death. We affirm.
On September 2, 1997, OSP Trooper Chin was patrolling on Crescent Cutoff Road near Gilchrist when he saw a pickup truck skid through a T-intersection and crash down the embankment on the opposite side of the road. In response, Chin pulled his unmarked patrol car off to the side of the eastbound travel lane and activated the car's grille lights.
At the same time, Trooper Lyons and Sergeant Rector were patrolling in the area. They learned about the accident and, with Rector driving their marked OSP Jeep Cherokee, approached the accident from the opposite westbound
direction. Behind them, also traveling west, was a tractor trailer driven by defendant's employee, William Melillo. As the Jeep approached the accident scene, it began to slow and move gradually onto the westbound shoulder of the road. Melillo continued to approach at more than 50 miles per hour, but moved his truck to the left, partly over the yellow center line. At that point, Rector made a U-turn, turning in front of Melillo towards the opposite side of the road where Chin was parked. Melillo was unable to stop, and his truck struck the Jeep in a "T-bone" fashion. At the time of the collision, the Jeep's blue and red flashing lights were activated, as was its left turn signal. Both Lyons and Rector died as a result of the collision. Later laboratory tests revealed that Melillo had methamphetamine in his system at the time of the collision.
In June 1998, plaintiffs brought this wrongful death action against defendant. Plaintiffs alleged that Melillo had been negligent in numerous particulars, including driving the truck at excessive speed under the circumstances, failing to yield the right-of-way to an emergency vehicle, and driving under the influence of a controlled substance, and that Melillo's negligence had caused Lyons's death.
Before trial, plaintiffs moved to prevent defendant from presenting any "evidence, argument or information that asks the jury to attribute any fault for the accident to the actions of Sergeant Rector." Plaintiffs reasoned as follows: (1) Under ORS 656.018(1), which establishes workers' compensation exclusivity, Rector and the State of Oregon were immune from civil liability. (2) ORS 18.470 precludes "comparison of fault" with immune persons unless the injury is the "sole and exclusive fault" of the immune person. See ORS 18.470(2); ORS 18.470(5). (3) Thus, any evidence or argument by defendant as to Rector's negligence was irrelevant to the material issues in the case. In addition, plaintiffs sought to exclude, as "unhelpful," opinion evidence by various OSP experts that Rector's U-turn was the "principal contributing factor" in causing the accident. The trial court denied plaintiffs' motions.
The case was tried to a jury in April 2000. During the trial, there were continuing discussions between the court and counsel as to the limitations, if any, on the jury's consideration of Rector's conduct and contribution to the collision. During their case-in chief, plaintiffs argued that the court
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