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Jones v. Schabron6/8/2005
Haskin's (sic) vehicle driving on the wrong side of the road .... It is unknown when the Haskin's (sic) pickup moved onto the wrong side of the road, and it is sheer speculation and guess to assume that Nick Schabron had more time to react and take evasive action than he actually undertook, based upon the physical evidence.
[ ] A duty to take evasive action does not arise until a driver knows or should know that the oncoming traffic will or has crossed into the wrong lane. American Family Mutual Insurance Company v. Robbins, 945 S.W.2d 52, 55 (Mo.App.E.D. 1997). A driver may presume that on-coming traffic will obey the law and drive in its own lane. O'Malley v. Eagan, 2 P.2d 1063, 1068 (Wyo. 1931).
[ ] Reviewing the evidence, and lack of evidence, presented on the issue of summary judgment, the trial court correctly found that Jones failed to present facts from which a jury could conclude that Nicholas Schabron was negligent. The trial court held:
A person, no doubt, could create many "what if" scenarios that, in hindsight, might have prevented this tragic incident. But, negligence and proximate cause are never presumed from the happening of an accident, and mere conjecture cannot form the basis of liability. Vasquez v. Wal-Mart, 913 P.2d 441, 443 (Wyo. 1996); Downen v. Sinclair Oil Corp., 887 P.2d 515, 520 (Wyo. 1994); Dewald v. State, 719 P.2d 643, 652 (Wyo. 1986); Apperson v. Kay, 546 P.2d 995, 998 (Wyo. 1976). Guesswork is not a substitute for evidence or inference, and inference cannot be based on mere possibility. Forbes Co. v. MacNeel, 382 P.2 56, 57 (Wyo. 1963); Wright v. Conway, 242 P. 1107, 1111 (Wyo. 1926). General or conclusory allegations cannot establish a genuine issue of material fact. Tidwell v. HOM, Inc., 896 P.2 1322, 1324-25 (Wyo. 1995).
[ ] The record supports the trial court's conclusion. One must guess, or speculate, or surmise in order to conclude that Nicholas Schabron was negligent. The facts presented by Jones are not facts, but conclusions without any factual basis. Consequently, the district court's decision granting summary judgment to Schabron is affirmed.
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