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Meyer v. City of Des Moines9/18/1991
cal note to subsection (a) of section 11-1303 explains it:
This section [11-1303] was added to the Code in 1968 to clarify rules for the proper use of roadways by motorcycles. UVC § 11-1303 (rev. ed.) (1968).
Subsection (a) allows motorcyclists to use the full width of a traffic lane and cautions drivers of all other motor vehicles not to encroach upon this use by occupying space in the same lane alongside the motorcycle. These rules supplement, for motorcyclists, the rules in UVC section 11-309(a) for driving on roadways with clearly marked lanes and UVC section 11-303 requiring passing at a safe distance to the left side of any overtaken vehicle.
Id. (emphasis added). The italicized language, and more specifically, the word "alongside" confirms the defendants' contention that section 321.275(4) applies to motor vehicles traveling in the same direction as the motorcycle and not in the opposite direction.
In our view, Iowa Code section 321.297(1)(b) is one of the rules of the road protecting moped operators from vehicles traveling in the opposite direction:
1. A vehicle shall be driven upon the right half of the roadway upon all roadways of sufficient width, except as follows:
....
(b). When an obstruction exists making it necessary to drive to the left of the center of the roadway, provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within such distance as to constitute an immediate hazard.
In short, the provision requires all vehicles to be driven only on the right half of the roadway unless an obstruction makes it necessary to drive left of center. If there is such an obstruction, the driver must still yield the right of way to all vehicles which are so close as to be an immediate hazard.
The Meyers alleged a specification of negligence based on the failure to yield the right of way. And the court gave a separate instruction--No. 16--based on section 321.297(1)(b). The Meyers received all they were entitled to under this last instruction. Their theory that Prugh deprived David the use of his lane was adequately covered under Instruction No. 16.
In sum, we hold that Iowa Code section 321.275(4) applies only to vehicles traveling in the same direction. The evidence is conclusive that the vehicles here were traveling in opposite directions. Because there is no substantial evidence to support submission of Instruction No. 17 and Specification 3 of Instruction No. 8, it was prejudicial error to do so. See Hoekstra v. Farm Bureau Mut. Ins. Co., 382 N.W.2d 100, 107 (Iowa 1986) (error to instruct on an issue having no substantial evidentiary support). The prejudice arises because we have no way of knowing from the record whether the jury assigned fault to the defendants based on a violation of section 321.275(4).
Because our holding means this case must be retried, we should decide several other matters assigned as errors that are likely to arise again on retrial. One concerns the district court's refusal to give the defendants their requested instruction on legal excuse.
B. Legal excuse
Legal excuse is a doctrine by which one seeks to avoid the consequences of one's conduct by showing justification for acts that would otherwise be considered negligent. Bangs v. Keifer, 174 N.W.2d 372, 374 (Iowa 1970); 1 Iowa Civil Jury Instructions 600.74 (1989).
Legal excuse includes (1) anything that would make it impossible to comply with the statute or ordinance; (2) anything over which the driver has no control which places the driver's mot
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