Ronald J. Dakter v. Dale L. Cavallino
363 Wis. 2d 738 · Wisconsin Supreme Court · 2015
Facts
Ronald J. Dakter, driving a passenger automobile, collided with a 65-foot semi-trailer truck operated by Dale Cavallino on May 29, 2008. The collision occurred at the intersection of State Trunk Highway 80 and State Trunk Highway 82 in Elroy, Wisconsin. Dakter was northbound on Highway 80, stopped with his turn signal on, intending to turn left onto Tilmar Street. Cavallino, a professional truck driver with a commercial license, was southbound on Highway 80, intending to go straight. Dakter attempted his left turn and collided with Cavallino's truck, sustaining serious injuries, leading Dakter to file suit alleging Cavallino's negligence.
Procedural history
After a 10-day trial, a jury found the defendant 65% negligent and the plaintiff 35% negligent, assessing damages for the plaintiff. The Circuit Court for Juneau County entered judgment for the plaintiff and denied the defendant's post-verdict motions. The defendant appealed, and the court of appeals affirmed the circuit court's judgment and order. This court granted review of the court of appeals' decision.
Issue
Was the jury instruction regarding the standard of care for a semi-trailer truck driver erroneous, entitling the defendant to a new trial? The defendant argued the instruction imposed a heightened standard of care by directing the jury to consider his special knowledge and skill.
Holding
The circuit court did not err in giving the truck driver negligence instruction. The instruction correctly stated the law and was not misleading, thus the defendant is not entitled to a new trial.
Rule
The court applied two negligence principles: the superior knowledge rule and the profession or trade principle. The superior knowledge rule requires an actor with special knowledge or skill to exercise the care a reasonable person with such knowledge would under similar circumstances. The profession or trade principle requires an actor in a profession or trade to exercise the knowledge and skill a reasonable member of that profession or trade would. Both principles recognize that a reasonable actor will use any relevant special knowledge or skill, including occupational knowledge, but neither establishes a heightened standard of care; the standard remains ordinary care. These principles apply to professional semi-trailer truck drivers due to their acquired specialized knowledge, skills, and licensing requirements.
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