Zimmer, Duncan & Cole

It Wasn't the Ice's Fault

Lawsuits are difficult.  They’re emotionally taxing.  They’re expensive.  They’re long.  It often takes years to get the case ready for a jury.  And, when you finally get there, it’s possible that those twelve strangers will vote the wrong way. 

That’s what happened in this week’s state Supreme Court case, Cooper v. Rang, (2011 S.D. 6).  It involves a lower-speed car accident that caused a great deal of damage.

In 2003, Bob Cooper, the plaintiff, was waiting at a stop sign in his minivan at the bottom of a hill in Lead.  It was an icy, cold day.  The roads were quite slippery. 

Mallorie Rang, the other driver, approached the same intersection from behind him.  She saw Mr. Cooper’s minivan waiting at the stop sign.  Ms. Rang knew the roads were icy, but she didn’t start to brake until she was only fifteen or twenty feet away from Mr. Cooper.  When she applied the brakes, she started to slide.  She struck Mr. Cooper’s minivan from behind.     

The collision caused serious injuries to Mr. Cooper’s neck, legs, and arms.  His medical bills totaled almost $98,000.

The jury was told all of these facts, and it was instructed about the rules of the road.  In South Dakota, all drivers have a duty to exercise “reasonable care under the circumstances” and keep a lookout for other users of the highway.  Drivers must also maintain control of their vehicle so they can stop or avoid an accident within their range of vision.

The jury was also told that some accidents can be “excused” if they are caused by a surprise.  Examples include the sudden and unexpected presence of ice, the blowout of a tire, the malfunction of brakes, or other mechanical failure.

The jury ruled in Ms. Rang’s favor.  The Supreme Court overturned this verdict because the evidence clearly indicated Ms. Rang was not “surprised” by the ice.  Instead, she admitted knew about the ice.  She simply failed to adjust her driving.  There was no other indication that Mr. Cooper caused this accident.  In fact, he was doing exactly what he was supposed to be doing:  waiting at a stop sign and looking for oncoming traffic.  Therefore, the accident was Ms. Rang’s fault, and she is responsible for the harm that resulted from her carelessness. 

This case reminds us that we can’t ever blame our car accidents on the road conditions.  As long as we know about those conditions, it is our responsibility to adjust to them. 

And, this decision is a big relief for Mr. Cooper, the injured victim.  It’s been a very long wait for him to tell his story.  The accident took place in 2003.  Now, over eight years later, he gets another chance to explain it. 

You can find the full opinion on the state Supreme Court website, at www.sdjudicial.com. 

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Have a question about the law? In Less Legalese, Please, I explain recent court cases and answer your legal questions in plain English. Send an email to dan@zdclaw.com or a letter to “Less Legalese, Please,” 5000 S. Broadband Lane, Suite 107, Sioux Falls, SD 57108.  I will try to answer as many as I can with as little “legal-ese” as possible.

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Daniel K. Brendtro is a trial attorney from Sioux Falls. His firm, Zimmer, Duncan & Cole, LLP, has represented clients statewide since 1948 on all types of cases, including injuries, accidents, criminal defense, and business lawsuits.