Doser v. Interstate Power Co.

Supreme Court of Iowa · Torts

Tortscommon carrierpassenger injurybus collisionproximate causesole proximate causeconcurrent causeslookout

Facts

Plaintiff was a passenger on defendant Interstate Power Company's bus when it approached an intersection near a high school in Dubuque. Evidence showed the bus was traveling somewhere between 15 and 30 miles per hour, and plaintiff's witnesses said it did not slow before braking immediately prior to impact. A car driven by Domitilla Cerjan turned left directly in front of the bus, and the collision followed within two or three seconds. Plaintiff was thrown from her seat and injured, and there was evidence the intersection was busy with traffic and pedestrians and had a posted 25 mile speed limit.

Issue

Whether the evidence required judgment notwithstanding the verdict because Cerjan's left turn was the sole proximate cause of the collision, and whether defendant was entitled to a new trial because the jury was not instructed on sole proximate cause. A further issue was whether the trial court abused its discretion in granting a new trial based on an instructional omission concerning a driver's right to assume others will obey the law.

Rule

A common carrier of passengers for hire must exercise more than ordinary diligence for passenger protection and is liable for slight negligence; the duty includes foreseeing as well as guarding against danger. Proximate cause is usually a jury question, and a defendant is entitled to submission of its supported theory that a third party's negligence was the sole proximate cause, even if sole proximate cause is not specially pleaded. A trial court has broad discretion to grant a new trial for prejudicial instructional error, and appellate courts are slower to interfere with the grant of a new trial than with its denial.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Des Moines, Lena Ortiz was riding a city bus operated by Prairie Loop Transit, a for-hire passenger carrier. As the bus entered a congested downtown intersection near an elementary school, an oncoming sedan suddenly turned left across the bus's path; there was evidence the bus was moving near the speed limit, had not slowed, and braked only moments before impact.

In Lena's suit against Prairie Loop Transit, the carrier moves for judgment notwithstanding the verdict after the jury finds for Lena, arguing the sedan driver's turn was the sole proximate cause as a matter of law. How should the court rule?

Explanation. A common carrier of passengers for hire must exercise more than ordinary diligence and is liable for slight negligence. That high degree of care applies in foreseeing as well as guarding against danger. On review of JNOV, the evidence is viewed in the light most favorable to the plaintiff, and proximate cause is usually for the jury. Evidence bearing on speed, lookout, and control at a busy intersection prevents the third party's turn from becoming the sole proximate cause as a matter of law. (Derived from Doser v. Interstate Power Co. (n.d.).)