Blaak v. Davidson

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Blaak v. Davidson, 84 Wn.2d 882, 529 P.2d 1048 (1975)

Defendant was driving an 18,000 pound gasoline truck; a dust cloud engulfed the truck and completely obscured visibility; D reduced his speed to 5 to 10 MPH; truck struck the rear of the P’s car, which had slowed to 2 to 3 MPH

The issue was, when the visibility of a driver of a vehicle is completely obscured by atmospheric conditions is the driver negligent as a matter of law for failure to stop the vehicle or should the question of negligence be submitted to the jury to determine based on surrounding circumstances?

H: “A consideration of whether an absolute rule should be formulated must focus upon the subject matter involved and the potential variables as to facts and circumstances.”

Rule: When vision is obscured, the jury should determine whether failure to stop constitutes negligence under the general test of whether act was consistent with a reasonable man.

Attempt to set absolute rule had proven unworkable and unjust
“Only in the most unusual and exceptional circumstances indicating clear fault and liability should the court hold defendant negligent as a matter of law”