Torts – negligence — truck drivers — duty of care

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Wisconsin Court of Appeals

Civil

Torts – negligence — truck drivers — duty of care

Even if it was error to instruct the jury that semi-truck drivers have a higher duty of care than other drivers, the error was harmless.

“‘Everybody’ has the same duty of care in following the specific rules of the road provided by the court. However, when ‘you’re driving a 40,000-pound semi’ and have experience doing so, then that is a relevant circumstance. The driver with the CDL needs a CDL because he or she is operating a much larger, less maneuverable, more dangerous vehicle that he or she learns to operate in a safe manner. Read in context, the reference to experts appears to have been an invitation for the jury to consider what those experts had to say about the pertinent skills and experience possessed by someone who has operated trucks for thirty-one years, such as Cavallino, as part of their deliberation as to whether Cavallino violated the ordinary standard of care.”

“Moreover, in his closing argument, counsel for Cavallino took the opportunity to remind the jury that there is only one standard of care in this ‘very simple case.’ He argued that ‘Mr. Dakter has got a duty of lookout, all drivers do, in fact, even Mr. Cavallino.’ Addressing the expert testimony contrary to Cavallino’s theory of the case, his attorney asked the jury to consider Cavallino to be the most authoritative voice on safety issues, arguing that Cavallino had ‘more experience than all the experts combined in this case, even [Cavallino’s experts].’”

“For these reasons, assuming without deciding that it was error to give the truck driver instruction as phrased, we are confident that the result would have been the same if it had not been given.”

Affirmed.

Recommended for publication in the official reports.

2013AP1750 Daktar v. Cavallino

Dist. IV, Juneau County, Roemer, J., Blanchard, J.

Attorneys: For Appellant: Curtis, Paul D., Madison; Barber, Timothy M., Madison; For Respondent: Orton, John R., Mauston