Robles v. CW Welding

NOT DESIGNATED FOR PUBLICATION No. 123,349 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JOSUE ROBLES, Appellant, v. CW WELDING, LLC, Appellee. MEMORANDUM OPINION Appeal from Ford District Court; SIDNEY R. THOMAS, judge. Opinion filed December 3, 2021. Affirmed. Pantaleon Florez Jr., of Topeka, for appellant. Daniel H. Diepenbrock, of Law Office of Daniel H. Diepenbrock, P.A., of Liberal, for appellee. Before ARNOLD-BURGER, C.J., GREEN and BUSER, JJ. PER CURIAM: Josue Robles appeals the jury verdict and judgment from the Ford County District Court finding Robles and CW Welding, LLC (CW Welding) equally at fault for a motor vehicle collision. Robles contends the district court committed reversible error by not providing the jury with his requested jury instruction setting forth the rules of the road for passing another vehicle on the right. Although the instruction was legally appropriate, we hold the evidence in a light most favorable to Robles did not provide a factual basis for giving the jury the instruction. On a related matter, Robles reprises his jury instruction argument while arguing that the district court erroneously denied his motion to alter or amend the judgment. But Robles has not shown the district 1 court's decision was unreasonable or based on an error of law or fact. As a result, he is not entitled to a new trial, and we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Robles filed this action seeking recovery of damages he incurred from a motor vehicle collision that resulted when the tractor-trailer he was operating was struck by a pickup truck pulling a gooseneck trailer owned by CW Welding. The pickup truck was driven by CW Welding's employee, Cornelius Loewen. Robles alleged personal injuries and economic loss because of the negligence of Loewen and CW Welding. The collision occurred in the late afternoon of September 4, 2015. Robles was operating his tractor-trailer westbound on United States Highway 56 (U.S. 56) heading towards the intersection of 21 Road near Dodge City. At that location, U.S. 56 is a two- lane highway with an eastbound and westbound lane. The highway has a paved shoulder that is 3 feet, 11 inches wide. The speed limit for U.S. 56 is 65 miles per hour. The U.S. 56 Highway intersects with 21 Road, a gravel county road with narrow shoulders about 1- to 2- feet wide. Motorists traveling on 21 Road must stop for stop signs protecting the intersection with U.S. 56. Motorists traveling on U.S. 56 do not encounter traffic control devices regulating traffic at the intersection. Prior to the collision, Loewen was driving the pickup truck and following directly behind Robles' tractor-trailer in the westbound lane. According to Robles, as he approached 21 Road, he slowed down, activated his right-turn signal, and checked his mirrors. Robles made a wide right turn onto 21 Road. Before Robles completed the turn, however, Loewen's truck struck the right side of Robles' tractor. Robles was hurt, and Loewen died from his injuries. 2 Robles filed a petition seeking damages …

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