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Bartel v. State8/27/1985
, Cooper and Bartel decided to return to Ronan because Bartel intended to depart on his trucking trip early the next morning.
Bartel and Cooper left St. Ignatius on the motorcycles, with Cooper in the lead and Bartel some distance behind. The two drove north on the main street of St. Ignatius, which is know as "Old Highway 93." Old Highway 93 proceeds north and intersects at an acute angle with New Highway 93 on the north edge of St. Ignatius. New Highway 93 approaches St. Ignatius from the west and then skirts St. Ignatius on the northwest in a sweeping curve to the north. Bartel's accident occurred at the intersection of Old Highway 93 and New Highway 93. A diagram of the intersection is attached to this opinion as Appendix A.
The intersection is designed to channel northbound Old Highway 93 traffic to the left immediately after the first large traffic island on the left side of the roadway. Traffic then stops at a stop sign immediately before turning right or left to travel north toward Ronan or south toward Missoula. Rather than following this channel to the left and heeding the stop sign before turning onto New Highway 93, Bartel drove straight north along the east side of the second traffic island, apparently attempting to proceed straight onto New Highway 93.
The northern tip of the second traffic island protrudes to the east into what would otherwise be a straight line of pavement from Old Highway 93 onto New Highway 93. The protrusion at the northern tip of the second traffic island apparently was designed to channel northbound Old Highway 93 traffic into a right turn onto Airport Road, which enters at that point from the east, and to prevent traffic from proceeding straight directly onto New Highway 93. As Bartel drove through the intersection, he struck the northern tip of the traffic island with the motorcycle, lost control and came to rest about 50 to 60 feet north in the barrow pit on the right side of the highway.
Bartel was taken immediately to the St. Ignatius hospital, where personnel quickly determined that the seriousness of his injuries required treatment in Missoula. The St. Ignatius Hospital nurse who admitted Bartel made the notation "intox." on the admission form, along with noting other symptoms. Bartel was transferred by ambulance to St. Patrick's Hospital in Missoula and arrived at the emergency room there at approximately 3:30 a.m. Blood specimens were drawn and an I.V. was started. The treating neurologist examined Bartel and concluded, among other things, that Bartel was in a state of "alcoholic intoxication." A blood-alcohol test, performed on Bartel solely for medical purposes, indicated a blood-alcohol level of .171 percent. Based upon the .171 percent test result, expert witnesses testified at trial that Bartel's blood-alcohol level was between .103 and .213 percent at the time of the accident.
The complaint sought damages for personal injuries resulting from the motorcycle accident allegedly caused by the State's negligence in design and maintenance of the intersection and surrounding area. After extensive discovery, the case was tried before the Lewis and Clark County District Court, sitting without a jury. Trial was on the issue of liability only.
On January 9, 1983 the court entered findings of fact and conclusions of law. On January 18, 1983 the court entered judgment in favor of the defendant. The court's findings of fact included the following:
"6. As a result of his casual traveling in and general knowledge of the area, of his regular trips by and in close proximity to the intersection at which the accident occurred and of his visits to St. Ignatius, he was thoroughly
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