Broussard v. Thompson

128 So. 2d 477, 1961 La. App. LEXIS 1995
CourtLouisiana Court of Appeal
DecidedMarch 6, 1961
DocketNo. 180
StatusPublished
Cited by5 cases

This text of 128 So. 2d 477 (Broussard v. Thompson) 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
Broussard v. Thompson, 128 So. 2d 477, 1961 La. App. LEXIS 1995 (La. Ct. App. 1961).

Opinion

FRUGE, Judge.

This suit arose as a result of injuries received by plaintiff,-Agiia Broussard, on December 4, 1958, as she was attempting to walk across Laurel Street in Eunice, Louisiana, when she was struck by an automobile driven by Mrs. Clayton Thompson. At the time of the accident Mrs. Thompson was on a community mission. The Travelers Insurance Company issued a public liability insurance policy in favor of Clayton Thompson and his wife Verna Thompson who are co-defendants herein. From a judgment adverse to defendants they prosecute this appeal. Plaintiff answered the appeal asking that the award be increased.

[478]*478The accident occurred at approximately 10:00 a. m. on Laurel Street in front of the Eunice Post Office a short distance past the intersection of Laurel Street with Third Street. Laurel Street, U.S. Highway 190, runs East and West, accommodating two lanes of traffic in opposing directions. Third Street runs North and South, and also accommodates two lanes of traffic in opposing directions. At said intersection there is a semaphore signal, or what is ordinarily termed a “stop-light”, directing traffic. Defendant, Mrs. Thompson, was traveling in an easterly direction on Laurel Street and approaching the intersection when plaintiff was leaving the Post Office. Although the Post Office is not at an ordinary pedestrian cross-walk, it is generally known in the area that pedestrians frequently cross the street (Laurel St.) directly from the Post Office rather than going to the intersection to negotiate the crossing. It is not disputed that there was no traffic immediately preceding defendant in an easterly direction. There is some question as to whether or not there were vehicles in the north lane, i. e., the west bound lane. However, it is apparent that there was a truck in the west bound or north lane which stopped for the light at the intersection. There is disagreement as to whether or not plaintiff stepped in front of the truck or in the rear of the truck. Plaintiff testified that she was 6-8 feet into the south lane (defendant’s lane) when she was struck and this is corroborated by the testimony of other witnesses. There is also a dispute as to whether or not defendant “ran” a red-light. However, whether the light was red, caution or green will not alter the result we have reached herein. Plaintiff’s evidence is to the effect that the defendant was seen by plaintiff as she emerged onto the sidewalk from within the Post Office and onto the street when defendant was west of the intersection, and that the light was red. Immediately before plaintiff was struck by defendant’s automobile plaintiff’s daughter, who was following her mother several feet in the rear, shouted a warning to her mother. However, the warning was not timely received and plaintiff was struck by defendant’s automobile. Defendant testified that she traveled this street frequently and knew that people crossed the street directly in front of the Post Office as above described; that she did not look for people attempting to cross the street in that manner; that the way was free of traffic; that she (defendant) never saw plaintiff until she hit her; that she was looking straight ahead and didn’t see her walking across the street. Furthermore, one witness, Joe Brown, testified that had he been in defendant’s position he could have seen plaintiff, i. e. that there was nothing to prevent him (if in defendant’s position) from seeing plaintiff.

Plaintiff alleged that the accident was caused solely as a result of the negligence of defendant in running a red light; failing to keep a proper lookout; driving in excess of the speed limit; in failing to have her car under proper control ; and in failing to see what she should have seen, and failing to do what she should have done. Alternatively, plaintiff plead the doctrine of last clear chance. Defendant answered denying negligence and alleging that the accident was the direct result of the gross and flagrant negligence of plaintiff, and alternatively plead contributory negligence.

The lower court held for plaintiff on the doctrine of last clear chance with appropriate citation of authority therefor. The trial court found, from the evidence, that:

“The Court finds, as a fact, that there were no obstructions between the Thompson automobile which prevented Mrs. Thompson from observing the said plaintiff, consequently the court is definitely of the opinion that there was sufficient distance, established by evidence, for the defendant to have seen the said plaintiff (or [479]*479should have seen) in sufficient time to avoid the collision.
“The Street on which the accident occurred is approximately 60 ft. in width, so obviously plaintiff, an elderly woman age[d] 58, had walked from the sidewalk southward some 36 to 38 ft. into the street prior to being struck. Mrs. Thompson’s view was unobstructed, consequently she could have seen plaintiff in ample time to have avoided the accident.” (Emphasis added.)

The court in applying the doctrine of last clear chance (and employing the doctrine of the case of Jackson v. Cook, 189 La. 860, 181 So. 195) found that:

“Mrs. Thompson admits she was not looking even though she knew people customarily crossed the street where the accident occurred, which is directly in front of the Post Office

With this finding of the trial court we are in full accord. In the case of Zachery v. Southern Farm Bureau Casualty Ins. Co., La.App., 116 So.2d 847, which is analogous to the case at bar, it was held that where the plaintiff-pedestrian had crossed the center line and there were no obstructions and nothing else to prevent pedestrian from seeing oncoming vehicles, the pedestrian was guilty of negligence in failing to look for oncoming vehicles or if she looked, in failing to observe oncoming automobile, however, the driver of the car, who had no obstructions to prevent him from seeing pedestrian, and who was thoroughly familiar with crowded condition of the street at that particular time of day and who was driving at an excessive rate of speed, had the last clear chance to avoid the accident and his failure to avail himself of it was the proximate cause of the injuries sustained by plaintiff. In the case at bar defendant was thoroughly familiar with the fact that pedestrians crossed the street directly in front of the Post Office. Although the record does not show that defendant was exceeding the speed limit, it is not necessary that she be found to have been exceeding the speed limit for the reason that the speed required is that which is reasonable and commensurate with a given set of circumstances at the time and place. In the Zachery case, supra, that court adopted the language of the case of Jackson v. Cook, 189 La. 860, 181 So. 195, 198, to the effect that:

* * * In the present case the plaintiff was guilty of gross negligence which continued up to the moment of the accident. The driver of the car did not see, but could have seen, plaintiff in his peril if he had been looking ahead. The mere fact that the driver of the car in this case did not see plaintiff does not absolve the defendant from liability because it was the duty of the driver to look, and, according to the findings of both courts, he was not looking. * * * ”

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Cite This Page — Counsel Stack

Bluebook (online)
128 So. 2d 477, 1961 La. App. LEXIS 1995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broussard-v-thompson-lactapp-1961.