Summary
holding tire failure cannot serve as a legal excuse for failing to comply with assured-clear-distance-ahead statute
Summary of this case from Cincinnati Ins. Co. v. KesnerOpinion
No. 39750
Decided April 20, 1966.
Negligence — Motor vehicles — Rear-end collision — Violation of assured-clear-distance-ahead statute — Section 4511.21, Revised Code — Emergency caused by tire failure — Not legal excuse for failure to comply with statute.
APPEAL from the Court of Appeals for Franklin County.
While plaintiff was riding in an automobile proceeding in the marked lane of travel nearest the center line of the street, the car was stopped preparatory to the making of a left turn into a private drive. While plaintiff's car was thus stopped, the defendant was operating her automobile in the same direction, in the same lane of traffic and following plaintiff's car. Upon observing plaintiff's car stopping and preparing to make a left turn, defendant turned her car to the right or curb lane in order to go around plaintiff's car. In the process of accomplishing this maneuver, during which time she did not apply her brake or lessen her speed, her left front tire blew out causing her to lose control of her car and causing the car to veer to the left and strike plaintiff's car, resulting in injuries to plaintiff. The instant action is to recover damages for those injuries.
At the request of the defendant and over the objection of the plaintiff, the trial court charged the jury on sudden emergency. The jury returned a verdict in favor of the defendant, and the court rendered judgment for defendant.
The Court of Appeals affirmed the judgment.
The allowance of a motion to certify the record brings the cause to this court for review.
Messrs. Smith, Clark Holzapfel, for appellant.
Messrs. Gingher Christensen, Mr. Richard J. Brentlinger and Mr. Malcolm L. Miller, for appellee.
Defendant failed to comply with the assured-clear-distance-ahead provision of Section 4511.21, Revised Code. An emergency caused by tire failure cannot serve as a legal excuse for such noncompliance. The trial court was in error in charging the jury on sudden emergency. The judgment of the Court of Appeals is reversed. Stump v. Phillians, 2 Ohio St.2d 209; Bird v. Hart, 2 Ohio St.2d 9; Spalding v. Waxler, 2 Ohio St.2d 1. See Kehrer v. McKittrick, 176 Ohio St. 192.
Judgment reversed.
TAFT, C.J., MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.