Cervelli v. Graves
661 P.2d 1032 · Wyoming Supreme Court · 1983
Facts
Larry Cervelli sued DeBernardi Brothers and its employee Kenneth Graves for injuries from a truck collision on an icy highway. The jury found no negligence by appellees, and Cervelli appealed, alleging improper jury instructions regarding the standard of care for a professional driver and the applicability of the "obvious danger" rule. Graves was an experienced professional truck driver.
Issue
Did the trial court err by instructing the jury not to consider a person's skills in determining negligence, by refusing to instruct that a professional truck driver is held to a higher standard of care, and by applying the "obvious danger" rule to a highway collision?
Holding
The court reversed and remanded for a new trial, finding error in instructing the jury to disregard superior skill and in applying the "obvious danger" rule to a highway collision. However, the court affirmed that professional drivers are not held to a higher standard of care as a matter of law.
Rule
Juries must be allowed to consider an actor's superior skill or knowledge when determining negligence. All drivers are held to the same standard of due care under the circumstances, not a higher standard for professional drivers. The "known and obvious danger" rule does not apply to negligence actions between drivers on an icy highway, as its application would improperly negate comparative negligence principles.
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