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eBook details

• Title: Frazier v. Pokorny
• Author : Supreme Court of Wyoming
• Release Date : January 09, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Joseph Heyduk, one of the defendants in this case, and Clara Pokorny, plaintiff in this case, together with the latters husband, Henry Pokorny, were traveling from Minnesota to the Teton mountains on July 26, 1956. On that day they arrived in Casper about five oclock in the afternoon and were directed to the Pine Lodge Motel in Mountain View directly west of Casper to stop for the night. The motel was located on the south of an intersection of Highway 20-26 going east and west and a graveled cross street running north and south, so that as Heyduk was traveling west it was necessary to make a left turn in order to go to the motel. (Witnesses and counsel refer to Heyduks movement as a left turn although it might be contended that he was really crossing the highway, but for the purposes of discussion here we think the distinction is not material.) The intersection is located in a business area on what is called a slight rise with a slight dip to the west and a slight dip to the east. The road was dry, the weather warm, and the vision from the intersection to the west was perfectly clear for a half mile or more. As Joseph Heyduk was making the left turn at about 5:30 p.m., his car and the car of Ferrin Richard Frazier, one of the defendants herein, collided, seriously injuring the plaintiff Clara Pokorny who was a guest in the car of Joseph Heyduk. As a result of the accident, she (using the description as given by counsel for plaintiff) suffered severe internal injuries, four separate breaks, fractures and lineal fractures of the pelvic bones, a broken fifth rib, injuries to her back requiring her to wear a brace even at the time of the trial, and diplopia or double vision which was partially corrected by her glasses. Plaintiff received one pint of plasma and six pints of whole blood necessitated by shock and loss of blood from internal bleeding. A catheter or tube was introduced into her urinary bladder which continuously drained grossly bloody urine for four days. Plaintiffs legs were placed in continuous traction by use of a system of ropes and pulleys and a four or five pound weight attached to each leg. She was immobile for four and a half weeks. After five weeks plaintiff was removed on a stretcher from Natrona County Memorial Hospital and flown to her home in Minnesota. It was nine weeks after the accident before plaintiff could even sit next to her bed, and nine months before she could resume her household duties. Plaintiffs doctor, medical and hospital bills were $3,138.23. She brought an action making Joseph Heyduk a defendant, alleging that he was guilty of gross negligence, and also in the same action sued Frazier, alleging that he was negligent in colliding with the car of Heyduk. The case was tried to a jury. After the close of plaintiffs testimony and again at the close of the whole case, defendant Frazier moved for an instruction to the jury to return a verdict in his favor. Both motions were overruled. After the return of the verdict, defendant moved for judgment notwithstanding the verdict. That motion, too, was overruled. The jury - Page 326 returned a verdict finding for both the plaintiff and the defendant Heyduk and against the defendant Frazier and assessing plaintiffs damages in the sum of $13,138.23. Judgment was entered in accordance with the verdict and from that judgment the defendant Frazier has appealed to this court.

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