The opinion of the court was delivered by Billy W. Scogin brought this action against Harold S. Nugen and
Carolyn S. Napier for personal injuries received in a vehicular
accident. Officer Scogin was a motorcycle policeman pursuing a
speeding motorist when the accident occurred. The case was tried
to a jury which returned a verdict against the plaintiff, Scogin,
and in favor of both defendants. Plaintiff appealed but later
dismissed the appeal as to Carolyn S. Napier. There is little dispute over the facts disclosed by the
evidence. The accident occurred on Seneca Street which is a four
lane boulevard running north and south in Wichita, Kansas.
Officer Scogin was parked on a side street to the east of Seneca
and was clocking the speed of motorists. He clocked a motorist
exceeding the speed limit, waited for four cars to pass him, then
entered Seneca street and headed north. He turned on his siren
and red light. He passed two northbound vehicles and attained a
speed of 35 miles per hour. He was traveling near the center of
the four lane street. The Napier vehicle was ahead of him and
travelling north. A vehicle driven by Harold S. Nugen was
approaching from the north. Officer Scogin was 50 feet behind the
Napier car when he noticed both the Nugen and Napier vehicles
were continuing in a straight course. Both of these vehicles were
close to the center line. The Napier car was slowing down but
neither car was yielding the inside traffic lane. The outside
lanes were clear of immediate traffic. Officer Scogin applied the
rear brake on his motorcycle, slowed his speed, then elected to
go between the two cars. He estimated the clearance to be 36
inches. The handlebars of the motorcycle measured 39 inches from
tip to tip.
