Edwin G. Artz v. Cindy Meyers

Negligence - School Bus Accident - On January 9, 1996, Edwin Artz (Artz) reported for work to
the Rapid City bus barn. Artz noticed icy spots on Nemo Road
as he proceeded west on his bus route. Approximately nine miles
west of Rapid City on Nemo Road, Artz met an eastbound Jeep Grand
Cherokee driven by Cindy Meyers (Meyers). Meyers had traveled only
one mile from her home when she met Artz's school bus coming
around a curve on Nemo Road near the intersection of Nemo Road and
Schroeder Road.

Artz testified that Meyers' Jeep was "hogging the center of
the road" as she came around the corner and suddenly, Meyers' Jeep
hit a patch of ice and began to jackknife and weave back and forth
in the road. Artz steered his bus onto the shoulder of the road
attempting to avoid the collision. Despite Artz's attempts,
Meyers' Jeep collided with the front of the school bus.

Following the accident, Trooper Don Allen arrived on the
scene to investigate the accident. Meyers informed him that she
had been driving thirty-five miles per hour. The advisory speed
limit sign posted before the curve identified thirty miles per
hour as the advisory speed for the curve. Trooper Allen testified
that an advisory speed limit is a suggested safe speed limit
during normal weather conditions. Trooper Allen testified that
Meyers was exceeding the safe speed, but not the speed limit.
Allen also testified that the ice on the curve indicated the path
of Meyers' vehicle. The marks on the road indicated that Meyers'
vehicle was on the right-hand side of the road when she started to
lose control of her vehicle. Finally, Allen testified that the ice
was visible on the roadway and that it did not make it impossible
to drive around the curve.

Artz brought suit against Meyers alleging negligence. At the
conclusion of the trial, jury instructions were settled. Artz
objected to Meyers' proposed jury instruction on "legal excuse."
The trial court submitted this proposed instruction to the jury.

Defendant's verdict.

Unknown

Unknown

Affirmed by the Supreme Court of South Dakota. See: 1999 SD 156, ___ N.W.2d __. Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.