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Ackley v. Farmers Mutual Automobile Insurance

Citations: 273 Wis. 422; 78 N.W.2d 744; 1956 Wisc. LEXIS 336

Court: Wisconsin Supreme Court; October 9, 1956; Wisconsin; State Supreme Court

Narrative Opinion Summary

This case involves an appeal centered on jury instructions in a vehicular collision dispute, where the primary legal issues concern negligence apportionment and the correct application of the emergency doctrine. The appellant's driver was adjudged 80% responsible for a collision, while the respondent bore 20% of the fault. Both parties encroached into each other's lanes, leading to the accident. The appellant contested the jury instructions, arguing they improperly framed a driver's duty when visibility is obstructed and misapplied the emergency doctrine, which should not absolve the respondent, given the lack of a genuine emergency. The trial court's instructions were found inconsistent and confusing, particularly regarding lane usage and the emergency doctrine, leading to a reversible error. The court noted the respondent's testimony and evidence negated any presumption of the deceased's due care. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial, emphasizing the need for clear and accurate jury instructions in such contexts.

Legal Issues Addressed

Application of the Emergency Doctrine

Application: The jury was incorrectly instructed on the emergency doctrine; evidence indicated the respondent's actions contributed to the collision, negating the doctrine's applicability.

Reasoning: The jury was incorrectly instructed on the emergency doctrine, which states that a driver is not negligent if they act under sudden danger unless their own negligence created the situation.

Jury Instructions and Reversible Error

Application: The court found that conflicting and inappropriate jury instructions regarding lane usage and emergency doctrine warranted a reversal and new trial.

Reasoning: The presence of conflicting instructions led to confusion that could not be remedied by correctly stating the law elsewhere in the jury instructions.

Negligence Apportionment in Vehicle Collisions

Application: The appellant's driver was found predominantly at fault, but the respondent's contributory negligence was significant due to improper lane usage.

Reasoning: The appellant's driver was found to be 80% at fault for the collision, while the respondent was assigned 20%.

Testimony and Presumption of Due Care

Application: Evidence presented during the trial negated the presumption that the deceased acted with due care, impacting the jury’s negligence apportionment.

Reasoning: Evidence presented negated the presumption that the deceased Kaul acted with due care.