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[T] Bellville v. Farm Bureau Mutual Insurance Co.4/30/2003
Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.
Defendant seeks a new trial following a judgment against it on an underinsured motorist claim. AFFIRMED.
Sue Ellen Bellville, riding as a passenger on her husband Roger's motorcycle, was fatally injured when the cycle collided with an automobile driven by Gary Schuller. Plaintiffs-appellees Roger Bellville, administrator of the estate of Sue Ellen Bellville, and the estate of Sue Ellen Bellville sued defendant-appellant Farm Bureau Mutual Insurance Company (Farm Bureau), seeking recovery under a policy issued to Roger insuring the motorcycle. In the suit plaintiffs contended, among other things, that Schuller's $50,000 automobile liability policy was insufficient to cover damages proximately caused by Schuller's negligent operation of his motor vehicle. Plaintiffs contend defendant should pay the limits of insurance available under the underinsured motorist provision of the policy issued to Roger insuring the motorcycle as further compensation for the injuries caused by Schuller's negligence. The matter was tried to a jury, which was instructed to determine the respective fault, if any, of Roger and Schuller, and the damages to Roger and Sue Ellen's estate as a result of the accident. The jury found Roger to be five percent at fault and Schuller to be ninety-five percent at fault. Damages were computed to be $756,714.95, and judgment was entered against Farm Bureau for $300,000, the limits of its underinsured liability coverage. On appeal Farm Bureau claims the trial court erred in (1) excluding evidence of Roger Bellville's drug use before and after the accident, (2) limiting the testimony of its expert, and (3) improperly instructing the jury regarding Roger Bellville's negligence. We affirm.
I. BACKGROUND FACTS AND PROCEEDINGS.
The accident happened on October 9, 1999, when the Bellville motorcycle, traveling north, and a vehicle driven by Guy Schuller, traveling south on Edgewood Road in Cedar Rapids, Iowa, collided at the intersection of Edgewood and O Avenue. Schuller, hoping to turn left on O Avenue, entered the intersection on a green light, and as the light turned yellow, began his turn. The Bellvilles, who were still headed north on Edgewood Road, continued through the intersection. Roger Bellville indicated Sue Ellen stated upon seeing the light turn yellow, "We're not going to make it," but he did not believe he could safely come to a stop before the intersection and continued through the intersection, hitting the rear passenger side of Schuller's automobile as it was turning left.
Roger estimated he was traveling thirty to thirty-five miles per hour prior to the accident. Officers involved in the accident reconstruction estimated Roger Bellville's motorcycle was traveling 21.65 miles per hour when he hit Schuller's automobile. Roger testified in a deposition that he saw the light change to yellow at least thirty feet prior to the stop bar. At trial Roger testified he began braking when he saw the yellow light, but believing he could not come to a full stop before the intersection, continued slowly through the intersection, ultimately locking his brakes upon seeing Schuller's car.
Following the accident, Roger submitted to a preliminary breath test, which indicated a level of .000. Officers then offered Roger a urine test for drugs other than alcohol, which he submitted to. No officer who interviewed Roger following the accident indicated there was any sign he appeared to be under the influence of any drug. Roger's urine tested positive for marijuana at a level in excess of 135 nanograms per milliliter. According to expert testimony, this level is con
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