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Carter v. Lambert9/17/1993
Opinion BY JUSTICE BARBARA MILANO KEENAN
The sole question in this personal injury action is whether the trial court erred in setting aside the jury's verdict for the plaintiff and in entering judgment for the defendant.
This action arose out of a motor vehicle accident that occurred on September 8, 1989, about 4:15 a.m., on State Route 3 in Westmoreland County. The relevant portion of Route 3 is a two-lane paved highway with two solid yellow lines marking the center of the road. The posted speed limit is 55 miles per hour.
The plaintiff, Darryl M. Carter, along with several other passengers, was proceeding north on Route 3 in a commuter van driven by George Taylor, who was killed in the accident. The defendant, Christy L. Lambert, was driving her automobile in the southbound lane of Route 3. A pickup truck, driven by an unidentified man, was traveling south in front of Lambert's car. Following behind Lambert's vehicle was a car driven by Janet Nash. There were no other vehicles on this part of Route 3 at the time of the accident.
The evidence is in conflict as to how the accident occurred; however, there is no dispute that the van left Route 3 and landed on its roof on adjacent property owned by Monroe Self. As a result of the accident, Carter sustained injuries that are the subject of this action.
Carter filed a motion for judgment against the administrator of Taylor's estate, Lambert, and John Doe. At trial, Carter presented the testimony of five other passengers in the van. Thomas W. Bailey testified that, just before the accident, he saw two cars approaching side by side, heading directly toward the van. After the van crashed, Bailey crawled out and went back to Route 3 to look for help but saw no one in either direction.
Melvin Butler testified that he saw two cars, side by side, approaching the van in the oncoming direction. One vehicle appeared to be passing the other; the car on the right was in the van's lane of travel. Butler also saw a vehicle driving some distance behind the two approaching vehicles.
Wanda D. Parker testified that she saw two sets of headlights approaching the van, and that one of the vehicles was attempting to pass the other. She stated that one set of headlights was coming straight toward the van.
Ellen R. Baker testified that she saw bright lights coming toward the van. She testified that the lights appeared to be directly in front of the van, causing the van to swerve to the right. Sandra A. Henry testified that she saw the headlights of two vehicles, one behind the other, coming toward them.
Carter testified that he saw two oncoming sets of headlights, approaching side by side. He testified that the set of headlights on the left was brighter and higher than the set on the right. Carter testified that the van swerved to the right and seemed to turn in midair before he lost consciousness.
Monroe Self testified that he was inside his house, with the windows closed, when he heard a noise "like a big bust of thunder," followed by people screaming. He went outside to render assistance while his wife called the rescue squad.
State Trooper Timothy A. Hatcher investigated the accident and found the van overturned in Monroe Self's yard. Hatcher testified that the tire marks he found indicated that the van first had gone off the road to the right, then had returned to the road and swerved to the left, and finally had driven off the right shoulder of the road.
Hatcher also testified that he found a piece of a car's mirror on the road. He examined Lambert's car and found damage to the driver's side of the
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