Bailey v. National Surety Corporation

149 So. 2d 669
CourtLouisiana Court of Appeal
DecidedApril 17, 1963
Docket5700, 5701
StatusPublished
Cited by15 cases

This text of 149 So. 2d 669 (Bailey v. National Surety Corporation) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bailey v. National Surety Corporation, 149 So. 2d 669 (La. Ct. App. 1963).

Opinion

149 So.2d 669 (1963)

Eugene M. BAILEY, Appellant,
v.
NATIONAL SURETY CORPORATION, Appellee.
Sam NEWMAN et al., Appellants,
v.
Eugene M. BAILEY et al., Appellees.

Nos. 5700, 5701.

Court of Appeal of Louisiana, First Circuit.

January 18, 1963.
As Corrected on Denial of Rehearing February 22, 1963.
Certiorari Refused April 17, 1963.

*670 Sanders, Miller, Downing, Rubin & Kean, by George C. Herget, Jr., Baton Rouge, for appellant.

Hynes & Lane by Horace C. Lane, Baton Rouge, for appellee.

Before ELLIS, LOTTINGER, LANDRY and REID, JJ.

ELLIS, Judge.

These suits arise out of an intersectional collision which occurred on January 3, 1961 between a 1958 Edsel automobile owned by Claude Morgan and being operated by Gloria Blaylock, wife of Sam Newman, and a 1958 Buick automobile owned and operated by Eugene M. Bailey. The accident occurred at the intersection of Stanford Avenue, Perkins Road and South Acadian Thruway in the City of Baton Rouge, Louisiana, at approximately 6:45 P. M. on January 3, 1961.

Eugene M. Bailey instituted suit in the Nineteenth Judicial District Court, Parish of East Baton Rouge, against National Surety Corporation, the liability insurer of the automobile being operated by Mrs. Newman, for damages arising out of the accident. Consequently, Sam Newman and his wife, Gloria Blaylock Newman, Claude Morgan, the owner of the 1958 Edsel operated by Mrs. Newman, and National Surety Corporation, the collision insurer of the 1958 Edsel instituted suit against Eugene M. Bailey and his liability insurer, State Farm Mutual Automobile Insurance Company, *671 seeking a judgment for damages in the amount of $55,424.88.

The two cases were consolidated for trial and after a hearing on the merits the District Judge rendered judgment in favor of the defendants in both suits on the ground that both parties involved in the collision were negligent. From this judgment Sam Newman, Gloria Blaylock Newman, Claude Morgan, Eugene M. Bailey and National Surety Corporation have prosecuted this appeal.

Gloria Blaylock Newman's version of the accident was that she was proceeding north on Stanford Avenue approximately 25 to 30 miles per hour; that Eugene M. Bailey was proceeding south on South Acadian Thruway, both parties approaching the intersection of these streets with Perkins Road.

It is not contested that the intersection of Stanford Avenue and South Acadian Thruway with Perkins Road is a controlled intersection and at the time of the accident the light was green in favor of north-south traffic and more specifically in favor of both plaintiff, Mrs. Gloria Newman, and defendant, Eugene M. Bailey.

Perkins road runs generally east and west and Stanford Avenue runs north and south into, but does not cross, Perkins Road. Acadian Thruway runs north and south into Perkins Road, but does not cross it. Acadian Thruway is offset to the east of Stanford Avenue at the juncture of Perkins Road by a distance equal to approximately the width of one traffic lane. There is a painted white line which delineates the offset and divides the north and south traffic lanes. At no time prior to the point of impact was the Newman car out of its northbound lane of travel. However, the left front portion of Bailey's automobile had proceeded out of its proper lane of travel and into the north lane.

Mrs. Newman contends that as she was approaching the intersection intending to go across Perkins Road onto South Acadian Thruway, the car driven by Mr. Bailey, coming from the opposite direction, suddenly and without any warning began turning to his left attempting to make a left turn into Perkins Road. Mrs. Newman further testified that upon observing defendant, Bailey, beginning a left turn she immediately applied the brakes of the vehicle which she was driving in an attempt to avoid the collision. When the brakes were thus applied the car skidded straight and the accident resulted. Plaintiff, Mrs. Newman, contends that defendant, Bailey, gave no signal or other indication that he was going to turn left, and that she had no knowledge that Mr. Bailey was intending to turn left until he suddenly began turning into the path of her vehicle. Mrs. Newman contends that if Bailey had come to a stop as testified that it was immediately prior to the accident and that she had already applied her brakes and was skidding into him. Defendant Bailey contends that he arrived at the intesection intending to make a left turn; that he observed Mrs. Newman across the intersection, and brought his vehicle to a stop; that Mrs. Newman was proceeding at an excessive rate of speed and lost control of her vehicle striking him almost head-on.

The point of impact occurred with the front of the defendant Bailey's vehicle approximately one and a half to two feet across his center line and projected into the north bound lane of traffic. The only eye witness to the accident was a Mr. Roppolo who was traveling west on Perkins Road. As he arrived at the intersection and approached the traffic light, it was red. Mr. Roppolo testified that as he drove up to the light he noticed that the automobile operated by defendant Bailey was approaching, "or rather had approached the intersection to make a left turn." He further testified that he could tell that defendant was going to make a left turn because he was angling to the left and did not recall having observed any signals given by defendant, Mr. Roppolo testified that he also observed the automobile operated by Mrs. Newman when she was approximately fifty feet from the *672 intersection, and that he estimated her speed at about 50 miles per hour; that at the last minute, plaintiff, Mrs. Newman, put on her brakes and skidded acress Perkins Road into the defendant Bailey. On cross examination, Mr. Roppolo testified that the accident happened very guickly after he first observed the vehicle, and that he was not sure in his estimates of speed and distances. A statement was produced wherein Mr. Roppolo had estimated the speed of plaintiff's vehicle at about 40 miles per hour.

It was stipulated in the trial court that the approximate stopping distance, including reaction distance and net braking distance under average conditions for northbound traffic on Stanford Avenue, through the intersection with Perkins Road and on to South Acadian Thruway at the date and time of the accident was approximately 83 feet for automobiles traveling 30 miles per hour. It was further established that the speed limit at the place of the accident was 30 miles per hour for vehicular traffic, and that the point of impact was approximately nine feet north of the northern line of Perkins Road. At the point of the intersection, Perkins Road is approximately 21 feet in width. Therefore, it appears that the distance from the point of impact to the southern line of Perkins Road is approximately 30 feet.

From our consideration of the record as a whole we are convinced that defendant Bailey was negligent in starting to make a left turn, or giving the appearance that he was going to make a left turn, in front of plaintiff's vehicle and this negligence was the sole proximate cause of the accident and resulting injuries. It is hornbook law that a left turn is one of the most potentially dangerous maneuvers a motorist is called upon to make and that before making the left turn one must ascertain that the maneuver can be executed safely and that it can be made without interferring with other traffic lawfully using the roadway. In Washington Fire & Marine Insurance Co. v. Fireman's Insurance Company, 232 La.

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Bluebook (online)
149 So. 2d 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-national-surety-corporation-lactapp-1963.