Morse v. Antonellis

149 Wash. 2d 572 (2003) · Supreme Court of Washington · June 5, 2003

Summary

The Washington Supreme Court held that whether the defendant exercised reasonable care in making a left turn was properly for the jury to decide based on conflicting testimony from the two drivers. The court reversed the Court of Appeals and reinstated the jury’s verdict for the defendant, emphasizing that appellate courts may not substitute their credibility determinations for those of the jury.

Court
Supreme Court of Washington
Writing for the Court
Per Curiam
Jurisdiction
Washington
Decision date
June 5, 2003
Procedural posture
After a jury returned a defense verdict in an automobile-negligence action, the superior court denied Morse’s motion for judgment notwithstanding the verdict. The Court of Appeals reversed, holding that Antonellis was negligent as a matter of law. The Washington Supreme Court reversed the Court of Appeals and reinstated the jury’s verdict.
Standard of review
A court may find negligence as a matter of law only when, viewing the evidence most favorably to the nonmoving party, no substantial evidence or reasonable inference sustains the verdict. Appellate courts may not reweigh witness credibility, which is solely for the trier of fact.
Precedential value
Published, precedential Washington Supreme Court opinion
Parties
M’Liss Morse v. Kelle Antonellis
Disposition
reversed

Topics

negligencestandard of carestandard of reviewappellate procedurecivil procedure

Practice areas

tortscivil procedureappellate procedure

Questions Presented

  1. Whether Antonellis was negligent as a matter of law despite conflicting testimony about the location and visibility of Morse’s vehicle.
  2. Whether the Court of Appeals improperly substituted its assessment of the evidence and witness credibility for the jury’s determination.

Holdings

  1. Antonellis was not negligent as a matter of law because the conflicting testimony permitted a reasonable jury to find that she acted reasonably when beginning her left turn.
  2. The appellate court could not substitute its judgment for the jury’s credibility determinations; credibility questions belong to the trier of fact and cannot be reviewed on appeal.

Key quotations

there is no substantial evidence or reasonable inference to sustain a verdict for the nonmoving party. (149 Wash. 2d at 574)
Juries decide credibility, not appellate courts. (149 Wash. 2d at 575)

Factual background

Antonellis stopped in the inside lane of a four-lane street intending to turn left. A pickup truck stopped opposite her was also signaling to turn left, and Antonellis testified that she checked the opposing inside lane, saw no traffic, and slowly began her turn. Morse was traveling westbound and collided with Antonellis after Antonellis crossed into the opposing curb lane; the parties gave conflicting accounts of Morse’s lane and whether she was visible beyond the pickup truck.

Procedural history

Morse sued Antonellis for negligence arising from a left-turn collision. The jury found that Antonellis did not negligently cause the accident, and the superior court denied Morse’s motion for judgment notwithstanding the verdict. The Court of Appeals reversed, but the Washington Supreme Court concluded that the conflicting testimony presented credibility and reasonableness questions for the jury.

Remand instructions

The jury’s verdict in favor of Antonellis was reinstated.

Court Document

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