Boutte v. Rig Hammers, Inc.

303 So. 2d 805
CourtLouisiana Court of Appeal
DecidedNovember 27, 1974
DocketNo. 4764
StatusPublished
Cited by3 cases

This text of 303 So. 2d 805 (Boutte v. Rig Hammers, Inc.) 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
Boutte v. Rig Hammers, Inc., 303 So. 2d 805 (La. Ct. App. 1974).

Opinion

WATSON, Judge.

In this matter, docket number 4764, Barry Boutte, the son of Elton and Gloria Holleman Boutte, sued for damages resulting from personal injuries sustained in an accident on November 4, 1971, while Barry was driving his parents’ 1971 Chevrolet on U. S. Highway 90, approximately 3.6 miles [806]*806east of Lafayette, Louisiana. U. S. 90 is a four-lane at the accident scene. Elton Boutte and his wife sued for the $50 deductible paid on the property damage to the automobile. This case was consolidated for trial and appeal with docket number 4763, La.App. 303 So.2d 809 wherein Motors Insurance Corporation sued as the collision insurer of the Boutte automobile, claiming the sum of $2865 for damages to the Boutte vehicle.

The accident was alleged by plaintiffs to have occurred as a result of the negligence of Willis H. Eschette in the course of his employment with Rig Hammers, Inc. Es-chette was driving a tractor-trailer truck owned by Rig Hammers, Inc. at the time of the accident. The truck was alleged to have turned left from the outside lane of traffic or the shoulder on the eastbound side of the highway across the inside lane of traffic and into the neutral ground. The Boutte vehicle, also eastbound, collided with the truck.

The trial court rendered judgment in favor of Barry Boutte and against defendants, Rig Hammers, Inc. and Willis H. Es-chette, in solido, as follows:

Personal Injuries: $3,000.00
Medical Expenses: 904.74
Loss of Income: 710.00
Total: $4,614.74

There was also judgment in favor of Elton Boutte in the sum of $50, against the same defendants, in solido.

Defendants, Willis H. Eschette and Rig Hammers, Inc., have appealed, contending that the trial court erred: in finding defendant Eschette to be guilty of negligence; in finding plaintiff Barry Boutte not guilty of contributory negligence; and in awarding damages of $4,614.74 to plaintiff Barry Boutte. Barry Boutte has answered the appeal asking that his award for personal injuries be increased from $3,000 to $6,000.

We affirm.

The issues in this appeal are all factual, the questions for decision being: (1) whether there is manifest error in the trial court’s decision on liability; and (2) whether there is an abuse of the trial court’s “much discretion” in the award for personal injuries.

The evidence was as follows :

Defendant, Willis H. Eschette, was called under cross-examination by plaintiffs and testified that on the date of the accident he was employed as a truck driver by Rig Hammers, Inc. Prior to the accident, he was on Highway 90 in the vicinity of Shorty’s Truck Stop (or Skelly’s Truck Stop) going toward New Iberia. He was driving a 1965 White truck and trailer with a total length of approximately 50 feet. Pie was eastbound, leaving Lafayette. He had stopped at the truck stop and was told by a fellow employee, Paul Bran-tley, to return to Lafayette. He pulled up to the highway from the truck stop and looked to his left. He then went into the outside lane of traffic. Seeing nothing coming, he went over to the inside lane of traffic. He traveled approximately 100 feet in the inside lane with his blinkers on before making his turn into the median. He then stopped for traffic in the westbound lanes. He stopped eight to ten feet back in order to have a clear view of traffic. He was completely stopped waiting for the traffic to clear when the Boutte vehicle struck his truck. He testified that he had turned at this crossover before and that he was aware that a couple of feet of his trailer were in the eastbound travel lane. He did not see the Boutte vehicle until it hit the truck.

Barry Paul Boutte, age 19 at the time of the accident, testified that the accident occurred at approximately 4:30 p. m. The speed limit was 70 miles an hour. He was going between 65 and 68 miles an hour. He saw the truck on the shoulder of the road when he was in the outside lane of traffic. He switched to the inside lane of traffic in order to give the truck room in the outside lane of traffic. “Instead of [807]*807doing that, he just cut straight across the highway and entered the crossover.” (Tr. 93) Barry immediately applied his brakes, since both lanes of traffic were blocked. His car skidded to the left and then sideways into the truck, the right side of the Boutte vehicle striking the rear cab wheels. Barry testified that he did not remember the actual impact. He was taken to the Lafayette General Hospital where he was treated for a collapsed right lung and other injuries. He remained there for approximately seven days. A tube was inserted in Barry’s side to re-inflate his lung and he testified that this procedure was extremely uncomfortable. The tube remained for a period of five days. After being released from the hospital, Barry saw his doctor three times. He testified that he had pain for four or five months after the accident. He was told not to participate in any heavy work for two months after he left the hospital. He was employed at Romero’s Aluminum Company in New Iberia at the time of the accident and missed approximately two months’ work as a result of the accident. He was making $1.75 an hour and was working 40 hours a week. He was also in the National Guard at the time and missed two drills for which he would have received $75 each. He resumed parachuting as part of his special forces National Guard training four months after the accident.

Barry Boutte testified that he had measured the neutral ground at the scene of the accident and that it measured 64 feet, including the inside shoulders. He testified that the visibility was unlimited at the time of the accident and that he first saw the Eschette truck when he was approximately a quarter-mile from it. The Es-chette truck appeared to be going two or three miles per hour, according to Boutte, and it proceeded along the righthand shoulder for approximately 250 feet before starting to turn across the road.

The parties stipulated as to the medical expenses and as to Barry Boutte’s employment and wages.

It was also stipulated that the property damage to the Boutte vehicle totaled $2,915; that Motors Insurance Corporation paid $2,865 of that amount and is subrogat-ed to that extent; and that the deductible paid was $50.

Trooper First Class Leroy Dugas of the Louisiana State Police testified that he investigated the accident in question on Highway 90 East. The highway at that point is a four-lane highway with numerous crossovers; the four lanes are divided by a neutral ground approximately 30 feet wide. The two eastbound lanes of travel are 24 feet wide, and he estimated the blacktopped shoulders as approximately five feet wide. Trooper Dugas stated that he was familiar with the area of the accident and that there were no obstructions to vision. He found the Boutte Chevrolet in the crossover and the truck partially in the crossover. The right side of the Chevrolet was damaged, but there was no damage on the front. The Chevrolet left approximately 180 feet of skidmarks beginning in the inside eastbound lane of Highway 90. The skidmarks were straight and then curved into the crossover; the point of impact was in the crossover itself. After viewing photographs of the accident, the officer stated that the trailer of the truck was only protruding a foot-and-a-half or two into the travel lane of the highway after the accident.

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Related

Boyance v. United Fire & Cas. Co.
242 So. 3d 745 (Louisiana Court of Appeal, 2018)
Loveday v. Travelers Ins. Co.
585 So. 2d 597 (Louisiana Court of Appeal, 1991)
Motors Insurance Corp. v. Rig Hammers, Inc.
303 So. 2d 809 (Louisiana Court of Appeal, 1974)

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Bluebook (online)
303 So. 2d 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boutte-v-rig-hammers-inc-lactapp-1974.