Faucette v. Christensen

This is an appeal from an order granting the plaintiff a new trial, after verdict for the defendant, and, limiting the new trial to damages only. (The order granting a new trial also granted it in general terms.) The case arose out of an automobile accident at the junction of the Stillwater Road and U.S. Highway 93 in Flathead County, Montana. The plaintiff, Marian Faucette, was riding as passenger in a car being driven by her husband. They were driving north on Highway 93 approaching the Stillwater Road. The defendant, Kenneth Christensen, was also driving north on the highway and was behind the plaintiffs car. The center of the highway was marked with a broken white line, which in Montana is the usual division mark on two lane paved highways as testified to at the trial. Visibility was excellent and for several hundred yards in each direction of the intersection the road is straight and level. There were no adverse weather conditions - Page 30 and the road was dry. The accident occurred as plaintiffs husband turned left to go onto the Stillwater Road and was struck by defendant, who was in the process of passing plaintiffs car. The defendant had pulled into the southbound lane to pass at a point more than 100 feet from the intersection, and he had sounded his horn. The evidence is conflicting, but it appears that the jury believed that plaintiffs husband did not signal either by blinker light or by hand that he was about to turn left, and believed further that the plaintiffs husband "short cut" the corner. There is a series of little white post and cable fences marking the intersection. The Stillwater Road is therefore visible, but by no means is it the major thoroughfare that Highway 93 is. Additionally, the plaintiffs husband was hard of hearing. He knew the defendants car was behind him, but did not check again to see that the way was clear for a left turn. The plaintiff, an elderly woman, was injured in the collision.