(DOWNLOAD) "Roy D. Bell and E. Alene Bell v. Joint" by Supreme Court of Idaho No. 10797 # Book PDF Kindle ePub Free
eBook details
- Title: Roy D. Bell and E. Alene Bell v. Joint
- Author : Supreme Court of Idaho No. 10797
- Release Date : January 14, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This negligence action was brought by the plaintiffs-appellants, Roy D. and E. Alene Bell, to recover damages for injuries
sustained by Roy D. Bell in a motor vehicle accident which occurred on April 22, 1969. On that date, a 1960 Chevrolet one-half
ton pickup truck in which Bell was riding as a passenger was struck by a school bus owned by the defendant school district
and being driven by the defendant Terry R. Farris. The case was tried to a jury, which rendered a verdict in favor of the
defendants, and the district court denied the plaintiffs' motion for judgment notwithstanding the verdict or for a new trial.
On appeal, the appellants request that this case be reversed and remanded for a new trial. The pickup truck in which Bell was riding at the time of the accident was owned by the United States Department of Agriculture
and assigned to the Soil Conservation Service. It was being driven by Kenneth Schwartz, an employee of the Soil Conservation
Service. Bell was Schwartz's immediate supervisor, and Schwartz had requested that Bell assist him at their intended destination.
Their pickup truck and the school bus were traveling in the same direction; the accident occurred when the school bus attempted
to overtake the pickup, which was moving much slower than the bus. When the bus was in the process of passing, the pickup
initiated a left turn and was thereupon struck by the bus. The testimony is conflicting as to whether Schwartz signaled his
intention to turn left; Schwartz testified that he activated his left-turn indicator some two hundred feet before initiating
the turn, but the school bus driver testified that he saw no signal whatsoever. In addition, four witnesses who were passengers
on the bus also testified that no signal was given by the driver of the pickup in which Bell was riding. Schwartz testified
that prior to the collision, he had observed the bus approaching rapidly from the rear.