Carpenter v. Hartford Acc. and Indem. Co.

333 So. 2d 296, 1976 La. App. LEXIS 4266
CourtLouisiana Court of Appeal
DecidedMay 24, 1976
Docket10709
StatusPublished
Cited by22 cases

This text of 333 So. 2d 296 (Carpenter v. Hartford Acc. and Indem. 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
Carpenter v. Hartford Acc. and Indem. Co., 333 So. 2d 296, 1976 La. App. LEXIS 4266 (La. Ct. App. 1976).

Opinion

333 So.2d 296 (1976)

Arthur CARPENTER
v.
HARTFORD ACCIDENT AND INDEMNITY CO.

No. 10709.

Court of Appeal of Louisiana, First Circuit.

May 24, 1976.

*297 J. Glenn Dupree, Baton Rouge, for appellant.

Edward W. Gray, Baton Rouge, for appellee.

Before LANDRY, COVINGTON and PONDER, JJ.

LANDRY, Judge.

Plaintiff Arthur Carpenter (Appellant) appeals from judgment rejecting his demand for damages for personal injuries, related medical expense, property damage, loss of wages and loss of business profits sustained and incurred as the result of an intersectional collision between an automobile owned and operated by Appellant and a police car on an emergency mission. Hartford Accident & Indemnity Company (Appellee), insurer of the police vehicle involved, is the sole defendant herein. The trial court found the driver of the police car negligent but dismissed Appellant's suit upon finding Appellant contributorily negligent. We reverse and render judgment in favor of Appellant.

The accident occurred at approximately 11:30 P.M. on January 4, 1975, at the intersection of Eden Street and Labauve Avenue in Plaquemine, Louisiana. Just before the accident happened, Jessel M. Ourso, Jr., Deputy Sheriff, Iberville Parish, accompanied by Deputies Orian Goliath and Keith Hanks, was driving a Sheriff's Department vehicle on routine patrol. While proceeding southerly on Highway 1, *298 just outside the municipal limits of Plaquemine, Ourso received a radio call to check on a fire reportedly in progress at the Plaquemine Elementary School. Ourso immediately reversed his direction, activated all emergency equipment on his vehicle and proceeded northerly on Highway 1 toward the city at an admitted speed of approximately 60 miles per hour. Upon reaching Fort Street in the city limits, which street runs east and west, and at which point Highway 1 becomes Eden Street, Ourso continued northerly on Eden Street, notwithstanding that Eden Street is a two lane major thoroughfare and is one-way south. The described intersection of Eden Street, Fort Street and Highway 1 is controlled by a semaphore traffic signal. At Fort Street a motorist traveling northerly on Highway 1 is required to either turn right and follow Highway 1 a block east to Church Street and then turn left in a northerly direction, or turn left at Fort and proceed one block west to Railroad Avenue and turn right to continue north. However, Ourso, in his haste to reach the fire, continued north on Eden Street and traveled the wrong way on this major thoroughfare of the city. Ourso concedes that he knew he was traveling against traffic on a one way street and that other routes were available, but he felt the route chosen was the most direct to the school.

The police unit was equipped with a small dashboard-mounted bubble top rotating red light, two flashing red lights approximately five inches in diameter mounted behind the radiator grill, and a siren which made a loud continuous noise audible for a distance of approximately one-quarter mile. Ourso and Hanks testified that all the mentioned equipment was in operation from the moment Ourso started toward the fire continuously to the instant of impact.

Labauve Avenue, which runs east and west, is situated one or two blocks north of Fort Street. It is conceded that the intersection of Eden and Labauve is well lighted. Appellant's residence is located at the northeast corner of the intersection. A drug store is situated at the northwest corner. On the southwest corner is a service station and on the southeast corner is a large residence on the grounds of which are some rather large shrubs which obstruct the view to the left (south) of a driver proceeding westerly on Labauve. Eden is the favored thoroughfare. A stop sign on Labauve requires drivers on that street to yield to traffic on Eden.

Ourso and Hanks testified that when their police car was approximately one block south of Labauve, appellant's car was seen stopped at the intersection with its lights off. Appellant then pulled slowly into the intersection, whereupon Ourso applied his brakes forcefully. The police vehicle slid sideways and struck Appellant's vehicle on its left side.

Appellant testified that he heard the fire signal, which indicated a fire at the school, and that he was en route to check on his washateria situated one block from the school. His car had been parked on Labauve Avenue where it was customarily left. He drove up to the stop sign with his lights on. He looked to his right (north) to check for southbound traffic on Eden and, observing no vehicles approaching from that direction, proceeded to cross the intersection. He stated that he did not hear a siren and did not see the patrol car with its lights flashing until it was approximately one-half block away, at which time he was already in the intersection.

La.R.S. 32:24 prescribes the privileges and duties of the driver of an emergency vehicle as follows:

"§ 24. Emergency vehicles; exceptions
A. The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this Section, *299 but subject to the conditions herein stated.
B. The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this Chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing the direction of movement or turning in specified directions.
C. The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and visual signals sufficient to warn motorists of their approach, except that a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
D. The foregoing provisions shall not relieve the driver of an authorized vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others."

The degree of care required of the driver of other vehicles, upon the approach of an emergency vehicle, is provided for by La.R.S. 32:125 which states:

"§ 125. Procedure on approach of an authorized emergency vehicle
A. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the highway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
B. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway."

Although La.R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
333 So. 2d 296, 1976 La. App. LEXIS 4266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-hartford-acc-and-indem-co-lactapp-1976.