Bonnette v. Employers' Liability Assurance Corp.

182 So. 2d 758, 1966 La. App. LEXIS 5354
CourtLouisiana Court of Appeal
DecidedFebruary 7, 1966
DocketNo. 2047
StatusPublished
Cited by3 cases

This text of 182 So. 2d 758 (Bonnette v. Employers' Liability Assurance Corp.) 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
Bonnette v. Employers' Liability Assurance Corp., 182 So. 2d 758, 1966 La. App. LEXIS 5354 (La. Ct. App. 1966).

Opinion

CHASEZ, Judge.

This suit arose out of the multi-automo-bile collision in the South-bound neutral .-ground traffic lane of Causeway Boulevard, Just South of Lake Pontchartrain Causeway -toll plaza, in Jefferson Parish.

Three vehicles are involved: The Nagim ■vehicle, insured by Employers’ Liability Assurance Corporation, Ltd.; the Bonnette vehicle, insured by United States Fire Insurance Company; and the Breckenridge vehicle, insured by Allstate Insurance Com-pany.

The Nagim vehicle was operated by Ken-neth Nagim, and Patricia Quarrella, Eugenie Charbonnet, Bobby Dufrechau, and Mary Mell Melancon were passengers. The IBonnette vehicle was operated by Mr. Mil-bon Bonnette, and Mrs. Bonnette, the Bon-nettes’ two minor children, Gregory and Gwen, and Mr. and Mrs. Eldern Ray Sanders were passengers. Mr. Breckenridge was the sole occupant of his vehicle.

Milbon Bonnette filed suit on his own behalf and for the use and benefit of his minor children against the insurers of Nagim, Breckenridge and, to the extent that the action was brought for the use and benefit of his minor children, against his own insurer.

Mrs. Dorothy Pinion Bonnette and Mr. and Mrs. Eldern Ray Sanders sued these same defendants in separate actions.

Mrs. Salvatore Tornabene, widow of Dennis J. Melancon, Sr., individually, and as natural tutrix of her minor daughter, Mary Mell Melancon, sued the Nagim and Bonnette insurers.

Nagim’s insurer filed third-party petitions against the Bonnette and Breckenridge insurers, and the Breckenridge insurer filed third-party petitions against the Nagim and Bonnette insurers.

All pleadings of all parties were answered by all defendants. All cases were consolidated, and all damages were stipulated. The only issue tried was that of liability. Separate judgments were rendered by the court.

The court below rendered judgment in favor of all plaintiffs against Employers’ Liability Assurance Corporation, Ltd., the insurer of the Nagim vehicle, and released all other defendants and third-party defendants.

The defense urged here is based upon an alleged absence of negligence on the part of the defendant and, alternatively, on contributory negligence.

The allegations of error made by appellant seem to be simply that the findings and conclusions of the trial court are unsupported in the evidence. We do not agree.

[760]*760The lower court in its reasons for judgment stated the following:

“The multiple accidents, out of which these consolidated cases arise, occurred on Causeway Boulevard a short distance from the South end of the Causeway in the lanes for traffic headed toward the River from the bridge.
“Young Nagim made a left turn from the neutral ground area on Causeway Boulevard, into the lane nearest the neutral ground toward the River. Bonnette, who had just come off the bridge, struck the Nagim vehicle just before or a few seconds after Nagim had completed his turn.
“Breckenridge was proceeding off the bridge behind two other vehicles. One of the cars ahead of him pulled into the right lane and his testimony was that the car which remained in the left lane suddenly swerved to the right. When the car swerved, Breckenridge immediately saw the Bonnette car, which was stopped in the left lane after striking the Nagim car, in the roadway ahead of him. He applied his brakes, attempted to avoid the accident, was unable to do so and struck the Bon-nette car. One or more accidents followed, which are not at issue here.
“The accidents occurred at night in rainy weather. Visibility of all parties was apparently somewhat restricted by the rainy weather.
“The burden of proof was on the driver of the Nagim vehicle to establish by the preponderance of the evidence that he could safely execute the left turn. This burden has not been carried.
“While there is some evidence that the Bonnette vehicle may not have had its head lights burning or that the lights were weak, the Court considers the evidence to have established that the Bonnette vehicle was proceeding within the speed limit, its lights were in proper working condition and were turned on and that the driver thereof had no reason to anticipate the Nagim vehicle turning directly into^his path.
“The Court believes froni the evidence, that Breckenridge, was overtaking the car ahead of him when the car suddenly pulled to the right to avoid the Bonnette car. However, there is no evidence that Breckenridge was traveling at an excessive rate of speed or that he could or should have seen the Bonnette car in time to avoid striking it. There is no doubt but that Breckenridge was faced with a sudden emergency when the car immediately ahead of him pulled to the right and he first had an opportunity to see the stopped Bonnette vehicle in his path.
“There is no issue of contributory-negligence in the suit on behalf of Mary Mel Melancon.
“The quantum of damages was stipulated by the parties and judgment is rendered accordingly.”

The record establishes that the collision, occurred about 6:15 p. m., on Sunday, November 10, 1963; that it was a cold, dark,, and rainy night; that Causeway Boulevard at the point where the accident occurred was surfaced with asphalt and consisted of' 2 North-bound and 2 South-bound lanes, separated by a neutral ground.

The Nagim vehicle crossed the Northbound lane, stopped in the neutral ground, and then made a slow left turn into the-South-bound neutral ground traffic lane. Seconds after making this turn the Nagim-vehicle was struck from behind by the Bon-nette vehicle. The Nagim vehicle came to-rest on the righthand shoulder of the road some 90 feet from the point of impact. The Bonnette vehicle came to rest in the neutral ground lane. The Breckenridge vehicle collided with the rear of the Bonnette vehicle seconds later.

Kenneth Nagim, the driver of the Nagim-vehicle, testified that he came to a full stop-[761]*761in the neutral ground with his car on a •slight Southwest slant; that he looked to the North (his right) to see if any cars ■were coming; that he had a clear view of the roadway and could see for about a city block, but saw nothing; that he asked his ■passengers to also look and they saw nothing; that he then made a slow left turn and was struck from behind shortly after completing the turn. He admitted, on ■cross-examination, that the toll plaza may have obstructed his vision a little.

The 4 passengers in the Nagim vehicle .generally corroborated Kenneth Nagim’s •testimony.

Milbon Bonnette testified that he was going about SO miles per hour when he first saw the Nagim vehicle pull into his path; that he was alongside the toll office when Tie first saw the Nagim vehicle pull out in front of him; that after the accident he ■measured the distance from the center of the toll office to the South side of the turnaround as 101 feet; that he could not ■swerve right because of other traffic; that his headlights were on at all times; that his brakes and tires were in good condition; that he applied his brakes but was unable to stop because the road was wet, and that his automobile went into a slide.

Mrs.

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Related

Sanders v. Employers' Liability Assurance Corp.
182 So. 2d 762 (Louisiana Court of Appeal, 1966)
Bonnette v. Employers' Liability Assurance Corp.
182 So. 2d 763 (Louisiana Court of Appeal, 1966)
Tornabene v. Employers' Liability Assurance Corp.
182 So. 2d 763 (Louisiana Court of Appeal, 1966)

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Bluebook (online)
182 So. 2d 758, 1966 La. App. LEXIS 5354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonnette-v-employers-liability-assurance-corp-lactapp-1966.