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GUY v. RUDD

July 19, 1972

Robert L. GUY
v.
Gordon Willis RUDD et al. Theodore WILSON v. Robert L. GUY et al. v. EASTERN STAINLESS STEEL CORPORATION


Knox, District Judge.


The opinion of the court was delivered by: KNOX

KNOX, District Judge.

 The above actions arose out of an accident involving three tractor-trailer outfits which occurred on September 19, 1968, at approximately 2:00 a.m. on the bridge of the Pennsylvania Turnpike crossing the Allegheny River in Plum Borough, Allegheny County, Pennsylvania. The bridge has two lanes for westbound traffic and two lanes for eastbound traffic with a medial barrier in the center. At the time of the accident, the bridge was wet and slippery. Prior to the happening of the accident, Rudd had been operating a tractor-trailer in a westerly direction. Wilson and Guy had been operating their tractor-trailers in an easterly direction. There was conflicting testimony among the three drivers and the state policeman as to the manner in which this accident occurred.

 In view of the large number of conflicting claims and crossclaims, this court submitted the case to the jury for a special verdict containing five written interrogatories and the answers thereto by the jury were as follows:

 
"1. Was the defendant, Theodore James Wilson, driver for Eastern Stainless Steel Corporation, guilty of negligence which was a proximate cause of this accident? Answer: Yes.
 
2. Was the defendant, Gordon Willis Rudd, driver for Universal Oil Products Company, guilty of negligence which was a proximate cause of this accident? Answer: Yes.
 
3. Was Robert L. Guy, driver for Cooper-Jarrett Motor Freight, Inc., guilty of negligence which was a proximate cause of the accident? Answer: No.
 
4. Was Robert L. Guy, as plaintiff, guilty of contributory negligence which was a proximate cause of his own injuries? Answer: No."
 
5. Was Theodore Wilson, as plaintiff, guilty of contributory negligence which was a proximate cause of his own injuries? Answer: No."

 We ordered that judgments be entered on the special verdict as follows:

 
1. Guy v. Rudd, Wilson, Eastern Stainless Steel Corporation and Universal Oil Products Co. -- $25,000, in favor of Guy.
 
2. Wilson v. Guy, Cooper-Jarrett, Gordon Rudd and Universal Oil Products Corporation -- in favor of defendant and against plaintiff.
 
3. On crossclaim by Guy and Cooper-Jarrett against Rudd and Universal Oil Products in favor of crossclaimants and against Rudd and ...

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