Coleman v. Ross

232 So. 2d 885, 1970 La. App. LEXIS 5667
CourtLouisiana Court of Appeal
DecidedMarch 3, 1970
DocketNos. 11376, 11377
StatusPublished
Cited by2 cases

This text of 232 So. 2d 885 (Coleman v. Ross) 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
Coleman v. Ross, 232 So. 2d 885, 1970 La. App. LEXIS 5667 (La. Ct. App. 1970).

Opinion

PRICE, Judge.

These are consolidated tort actions arising out of vehicular collisions occurring on May 30, 1967, in Caldwell Parish, Louisiana. Plaintiffs in Suit No. 11,376 are Donald W. Coleman, his wife, Mary T. Coleman, and Motors Insurance Corporation, their collision insurer. This action named as defendants Ned M. Ross, Monroe Frozen Food Company, Inc. of Shreveport (hereinafter'referred to as “Monroe”), and American Employers Insurance Company, the liability insurer of Monroe.

As a result of the accident described hereinafter, Mr. and Mrs. Coleman seek damages for the personal injuries to Mrs. Coleman, medical expenses paid on her behalf by Mr. Coleman, and the damage to the family automobile not covered by insurance. Motors Insurance Corporation asks for judgment for the amount paid to Coleman under the collision policy issued on the Coleman vehicle.

In Suit No. 11,377, Basil Roane Nether-land filed suit for personal injuries, medical expenses and loss of earnings against two groups of defendants alternatively: (1). Donald W. Coleman, Mary T. Coleman and State Farm Mutual Automobile Insurance Company, and (2). Monroe Frozen Foods Company, Inc. of Shreveport, [887]*887and its insurer, American Employers Insurance Company. Lumbermens Mutual Casualty Company joins as a plaintiff in this action, seeking the sum of $2,546.63 paid to Netherland for workmen’s compensation benefits under the provisions of an insurance policy covering his employer, Jitney Jungle, Inc.

For simplicity, Suit No. 11,376 will be called the “Coleman suit” hereafter, and Suit No. 11,377 will be referred to as the “Netherland suit”.

The accident giving rise to these claims occurred on U.S. Highway 165 at a point 2.2 miles south of Columbia. The highway involved is a conventional two-lane blacktop type construction with a wide shoulder of dirt and gravel. As Netherland was traveling south in his proper lane of traffic his vehicle was struck almost head-on by the automobile driven by Mrs. Coleman.

It is asserted in the Coleman petition, and by the testimony of Mrs. Coleman, that the accident was caused solely by the negligence of Ned M. Ross, the driver of a truck belonging to Monroe Frozen Foods. Mrs. Coleman’s testimony describing the accident is as follows: She was driving northerly on U.S. Highway 165 on her way to Columbia from her home in Jena. She stopped at a traffic signal in Grayson, some two or three miles prior to the accident scene. At this time she was following a bread truck which also stopped for the signal light. As these two vehicles pulled away from the light, a white truck identified as the Monroe truck, was observed by Mrs. Coleman for the first time as it pulled to a stop for the same signal she had just left. Some two miles toward Columbia Mrs. Coleman noted the bread truck reducing its speed to allow a large cattle truck, which had been overtaken, to make a right turn from the highway. As she braked her vehicle to allow for this situation, she saw the Monroe truck approaching rapidly in her rear view mirror. The Monroe truck struck the right rear of the Coleman vehicle and propelled it into the opposite lane for oncoming traffic, at which time it immediately collided with the southbound Netherland vehicle. After striking the Coleman vehicle the Monroe truck overturned on the right shoulder of the highway on its left side.

The defendants, Ross, Monroe and American Employers Insurance Company, answered both suits, denying any liability and asserting that Ross was not guilty of any negligence which contributed to the accident.

Ross, in his testimony, described the happening of the accident as follows: He was traveling northerly on U.S. Highway 165 approximately halfway between Grayson and Columbia, following a large cattle truck, a bread truck and two or three automobiles. The line began to slow to allow the cattle truck to turn to the right. As he slowed he saw the Coleman vehicle following behind him pull into the passing lane. As it reached a point about opposite the cab of his truck, he saw the Netherland vehicle approaching from the north and realized there would be an accident. He cut his truck to the right, and in attempting to dodge a tree just off the east shoulder his vehicle turned over on its left side. At the time his truck began to turn over he heard the collision of the Coleman and Nether-land automobiles. Ross denied having struck the Coleman vehicle.

Netherland testified that as he approached a line of vehicles proceeding in the opposite direction he was conscious of the presence of at least two trucks, one of which he could identify as being a bread truck. As he was passing these vehicles an automobile suddenly came into his path. He was uncertain whether it came from between the two trucks or from behind the second truck. He recalled that the impact with his car was almost instantaneous, and he had no time to take any evasive action.

There were no other eye witnesses to the accident other than the three drivers involved herein. The remaining evidence on the question of liability consisted of the [888]*888testimony of the State Troopers who investigated the accident and certain photographs of the vehicles involved.

The troopers who conducted the investigation testified that at the time Mrs. Coleman was contacted in the hospital, approximately one hour after the accident, she stated the truck had hit the right rear of her vehicle, causing it to move into the other lane of traffic. The two vehicles were inspected by these troopers, but they could not ascertain any damage to either which they could relate to a rear end collision. The photographs of the Coleman vehicle reflect some damage to the right rear fender and surrounding area, with the rear bumper pulled back on the right side. The photograph of the front of the Monroe truck does not reflect any damage to the heavy front bumper.

On the basis of this evidence the trial judge concluded that the accident happened in the manner described by Mrs. Coleman and was caused solely by the negligence of Ross in striking the rear of the Coleman vehicle with the front of the Monroe truck. Judgment was rendered in the Coleman suit against Ross, Monroe, and National Fire and Marine Insurance Company, in solido, awarding Mr. Coleman $190.00, Mrs. Coleman $2,000.00, and Motors Insurance Corporation $1,225.30. Monroe and National Fire and Marine Insurance Company were cast in the Netherland suit for the total sum of $12,600.00.

Both of these actions are now before us on a suspensive appeal perfected by the defendants cast in judgment. Plaintiff in the Netherland case has appealed devolutively in the Coleman suit merely to protect his right to a judgment against the Colemans and their insurer should this court reverse the trial court’s finding of fault on the part of the truck driver, Ross. Netherland answered the appeal taken in this action, asking that the judgment for personal injuries be increased to $15,000.00 and that he be allowed an additional sum of $1,600.00 for loss of earnings.

The appellants specify as error the finding by the trial court that Ross collided with the rear of the Coleman vehicle, propelling it into the opposite lane for oncoming traffic, and in finding that Mrs. Coleman had discharged the burden of proving herself free from fault to exonerate her presence in the improper lane when the collision occurred. Appellant also contends the amounts awarded Netherland and Mrs. Coleman for personal injuries were excessive.

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Cite This Page — Counsel Stack

Bluebook (online)
232 So. 2d 885, 1970 La. App. LEXIS 5667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-ross-lactapp-1970.