Brown v. Travelers Insurance Co.

255 So. 2d 111, 1971 La. App. LEXIS 5803
CourtLouisiana Court of Appeal
DecidedSeptember 27, 1971
DocketNo. 3565
StatusPublished
Cited by2 cases

This text of 255 So. 2d 111 (Brown v. Travelers Insurance Co.) 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
Brown v. Travelers Insurance Co., 255 So. 2d 111, 1971 La. App. LEXIS 5803 (La. Ct. App. 1971).

Opinions

MILLER, Judge.

Plaintiffs, all members of the John Brown family, were awarded damages for their personal injuries and for the wrongful death of John Brown. The injured parties were guest passengers in a Ford sedan which was traveling too fast for the iced over bridge and the prevailing heavy fog conditions. While in the inside or passing lane, the Ford rear-ended Midstate Beer Distributors’ slow moving truck and trailer after the rig had slowly proceeded from a stopped position in the outside lane to a point where the trailer was almost if not entirely in the inside or passing lane. De.fendant Travelers Insurance Company, insurer of Midstate Beer Distributors truck and trailer, appealed. We find the truck driver free from negligence and reverse.

The accident occurred at about 7:00 a. m. on February 17, 1970 on the new bridge which spans Red River between Alexandria and Eineville. The bridge is of four-lane construction, the two 15' wide northeast bound lanes which take traffic to Pineville being separated from the two 15' wide southwest bound lanes by a 12" to 14" high concrete divider. The posted speed limit on the ramp and bridge is SO miles per hour.

LSA-R.S. 32:64(A) provides:

“No person shall drive a vehicle on the highway within this state at a speed greater than is reasonable and prudent under the conditions and potential hazards then existing, having due regard for the traffic on, and the surface and width of, the highway, and the condition of the weather, * * * ”

It was established that from 5 to 10 miles per hour was the maximum safe speed on the ramp and bridge under the prevailing conditions.

The accident occurred in the inside (left) lane of the northeast bound lanes on the level portion of the bridge some few feet southwest of the southwest portion of the bridge’s steel superstructure. The ramp is level for a distance of 120 feet southwest of this steel superstructure and gradually slopes downward for an additional distance of at least 430 feet before it reaches a point where the concrete road is supported by a land fill. Exhibit Brown-1 at Tr. 63. These facts are relevant because of the impressive testimony that ice formed on the ramp wherever air circulated under the paved roadway.

At the scene of the accident there was dense fog reducing visibility to about two car lengths and the ramp surface was covered with heavy ice. There was no ice or fog on the road approaching the ramp leading to the bridge and there are many conflicting statements as to where the ice and fog began. In well considered written reasons the trial judge summarized the testimony of all witnesses, but did not make a factual determination as to where the ice [113]*113and fog began. We find that the evidence preponderates that the fog and ice began at least 150 feet southwest of the site of this accident. It was established that the fog was clearly visible to all motorists long before they reached the fog, and that the ice was not so visible until they reached the area iced over. There were no signs posted or any other warning that the bridge was iced over.

The City of Alexandria had dispatched one of its pickup trucks and three men to the bridge that morning to salt down the roadway. The pickup truck was heading northeast and the men were working in the fog in the right or outside northeast bound lane. They were on the level portion of the ramp or bridge at or near the southwest portion of the steel superstructure. They did not post warnings of their activity. The claim against the City was compromised during the trial. While the City truck was stopped or barely moving, Mr. Porche (not involved in this appeal) drove his Pontiac automobile into the rear end of the City truck. The Porche Pontiac and the City truck remained in the outside lane with the front of the Pontiac against the rear of the City truck.

The Midstate Beer Distributors’ truck and trailer weighed some 30,000 pounds with its load. The tractor was 10 to 12 feet long and the trailer was 30 feet long. Mr. Willis, the driver, was proceeding toward Pineville in the outside lane and was slowly following an unidentified car up the ramp. As they entered the fog bank, he turned on his headlights. He reacted to the brake lights on the car ahead and stopped behind the stopped unidentified car. He then observed that the unidentified car had stopped behind the City-Porche wreck. The unidentified car then slowly proceeded from its stopped position into the passing lane and safely passed around the City-Porche wreck and the tail lights disappeared into the fog.

Willis then looked in his left rearview mirror and seeing no overtaking headlights drove the Midstate tractor-trailer into the left lane to go around the City-Porche wreck. As the tractor was in the left lane and the trailer was partially in both lanes, the right rear of the trailer was struck by the front end of Ezra Ryland’s Chevelle stationwagon which was heading northeast and was entirely in the outside lane. The front of the Chevelle was substantially damaged, but Ryland was not seriously injured. The tractor-trailer continued to move into the left lane and when it was almost, if not entirely, in the left lane it was struck in the rear a second time, this time by the Ford sedan driven by Richard Deal and in which the Browns were guest passengers.

The Deal Ford was in the passing lane. The front end of the Ford was uniformly demolished. Exhibit Defendant-City #1, Tr. 64.

Deal had been wakened early that morning by members of the Brown family with the request that he take their sick father John Brown to a hospital. He took his car to the Brown residence where Mr. Brown was carried to the car and placed in the back seat. Deal thought Mr. Brown was suffering from a stroke or a heart attack for he was unable to communicate and had difficulty breathing. They went to sée Dr. David M. Carlton of LeCompte who examined Mr. Brown in the car and immediately wrote an admission slip to Charity Hospital in Pineville. Dr. Carlton was of the opinion that the 75 year old patient was suffering from heart failure.

Deal testified that he was driving only 20 miles per hour when he reached the top of the bridge (some 120 feet southwest of the superstructure) and indicated that he slowed his speed because of the fog. He did not see ice on the road. The trial court found that 20 miles per hour was excessive under the circumstances, and we agree. Furthermore, we agree with the trial court’s finding that the extensive damages to the front of Deal’s vehicle and the extensive injuries to Deal and the Browns [114]*114“support a conclusion that the Deal vehicle must have been going at an excessive rate of speed when the brakes of that vehicle were applied.”

Ryland testified in a pre-trial deposition that he saw the headlights of the Deal vehicle, “ * * * and they were coming. That car was really rolling. The car was really driving. I mean the man seemed like was going at least fifty miles a hour. Going awful fast.” (Deposition page 6, Tr. 64.) Ryland also testified that the truck and trailer were more over in the left lane and moving slowly at the time Ryland hit the right rear end of the trailer. (Deposition page 9.) He estimated that five or six seconds passed after his accident before the real accident, and that “By the time the (Deal) car hit it, it was pretty near all the way over. The back end was. The front end was already over.” (Deposition page 10.) At trial Ryland reduced his estimate of Deal’s speed, but the physical evidence supports his original testimony.

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Related

Brown v. Travelers Insurance
255 So. 2d 351 (Supreme Court of Louisiana, 1971)
Deal v. Travelers Insurance Co.
255 So. 2d 115 (Louisiana Court of Appeal, 1971)

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Bluebook (online)
255 So. 2d 111, 1971 La. App. LEXIS 5803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-travelers-insurance-co-lactapp-1971.