Cervelli v. Graves
661 P.2d 1032 · Wyoming Supreme Court · 1983
Facts
Appellant Cervelli sued appellees DeBernardi Brothers, Inc. and its employee Graves for personal injuries sustained in a collision between Cervelli's pickup and Graves' cement truck on an icy Interstate 80. The jury found no negligence on the part of appellees. Cervelli appealed, arguing the jury was incorrectly instructed on the standard of care and the 'known and obvious danger' rule.
Issue
Did the trial court err by instructing the jury that it should not consider a person's skills in determining negligence? Did the court err by refusing to instruct that a professional truck driver is held to a higher standard of care? Did the court err by instructing that there is no liability for injuries from obvious dangers in an automobile collision case?
Holding
The court reversed and remanded for a new trial. It held that the instruction precluding consideration of exceptional skill was reversible error, and the instruction applying the 'known and obvious danger' rule to an auto collision was also reversible error. However, the court affirmed that professional truck drivers are not held to a higher standard of care as a matter of law.
Rule
The 'reasonable person' standard for negligence requires the jury to consider all circumstances, including any superior knowledge or skill possessed by the actor. The 'known and obvious danger' rule, typically applied in premises liability cases, does not apply to automobile collision cases between drivers, as its application would effectively abrogate comparative negligence.
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