Rodney A. Nelson v. Frederica W. Mcclard

WUEST, Acting Justice. This case arose out of a collision at an intersection controlled by traffic signals. Appellant Rodney A. Nelson (appellant) sued for damages to his pickup and appellee Frederica W. McClard (appellee) counter-claimed for damages to her vehicle. The right to a jury trial was waived and the case was tried before the court. The court concluded both were negligent and that neither could recover. We reverse and remand. There was some dispute between the parties as to the facts but the court found appellant, who was driving his pickup truck in a northerly direction on 6th Street in Brookings, South Dakota, had stopped for a red light. It further found appellee, who was operating her automobile in an easterly direction on 17th Avenue, was traveling about twenty-five to thirty miles per hour; that as she approached the intersection the light changed to yellow and before she entered the intersection it changed to red. The court found that when the light turned green for appellant, he entered the intersection without observing appellee's automobile approaching the intersection. A collision occurred in the intersection, causing property damage to both vehicles. Traffic lights at the intersection are timed, so the green light will not show until the yellow light has ceased and all four signals have been red for one second.