Cervelli v. Graves
Wyoming Supreme Court
661 P.2d 1032 (1983)
Cervelli (plaintiff) lost control of his truck on an icy highway and began to fishtail. Graves (defendant), driving a cement truck for his employer DeBernardi Brothers, Inc. (defendant), tried to pass Cervelli first on the left and then on the right; the two vehicles collided. At trial, evidence showed Graves was a highly experienced commercial driver with ten years' experience, a completed defensive-driving course, and a class "A" commercial license. The trial judge instructed the jury it could not consider Graves's driving experience and skill in deciding negligence, and the jury found Graves not negligent. Cervelli's motion for a new trial was deemed denied after the court took no action, and he appealed.
Whether a jury deciding if a defendant's conduct fell below the standard of care of a similarly situated reasonable person may consider evidence of the defendant's exceptional skills or qualities.