Correge v. Webb

284 So. 2d 355
CourtLouisiana Court of Appeal
DecidedDecember 19, 1973
Docket5535
StatusPublished
Cited by17 cases

This text of 284 So. 2d 355 (Correge v. Webb) 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
Correge v. Webb, 284 So. 2d 355 (La. Ct. App. 1973).

Opinion

284 So.2d 355 (1973)

Mrs. Regina Rousseau, wife of/and Melvin F. CORREGE
v.
Robert E. WEBB et al.
Consolidated with No. 5536, Mrs. Gail C. Black, wife of/ and
H. Jimmerson Black
v.
Robert E. WEBB et al.

No. 5535.

Court of Appeal of Louisiana, Fourth Circuit.

August 21, 1973.
Rehearings Denied November 2, 1973.
Writ Refused December 19, 1973.

*356 Salvadore T. Mule, New Orleans, Bernhardt C. Heebe and Odom B. Heebe, Metairie, for plaintiff-appellant.

Hammett, Leake & Hammett, Frank B. Hayne, III, New Orleans, for defendant-appellant.

Many, Hartman, Lococo & Dwyer, H. Gordon Hartman, New Orleans, for plaintiffs-appellants.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John C. Combe, Jr., New Orleans, for defendants-appellees.

Before REDMANN, LEMMON and STOULIG, JJ.

LEMMON, Judge.

These consolidated cases arose from a two-car intersectional collision. Mrs. Gail Black, the driver of one vehicle, sued the other driver, Robert E. Webb, his employer, Bill Watson Ford, Inc. and the employer's insurer, Liberty Mutual Insurance Company. In the other suit Mrs. Regina Correge, a guest passenger in Mrs. Black's automobile, sued the same parties and joined Government Employees Insurance Company, Mrs. Correge's uninsured motorist carrier, in the event that the uninsured Mrs. Black was held liable for the accident.

After a trial on the merits, the trial court found Mrs. Black solely negligent and dismissed her suit. In the consolidated case the court rendered judgment in favor of Mrs. Correge against Government Employees, dismissing the other defendants. *357 Mrs. Black, Mrs. Correge, and Government Employees have appealed.

The accident occurred in early afternoon in good weather at the intersection of Gentilly Boulevard and Franklin Avenue in the City of New Orleans. The configuration of the intersection and pertinent measurements are shown on the following diagram prepared by an engineering expert:[1]

The crucial issue on appeal is whether Mrs. Black entered the intersection on a green (or yellow) light rather than a red light, as found by the trial judge. In the fixed time cycle of the signal controlling Franklin Avenue traffic, the yellow signal followed green and showed for four seconds, whereupon the signal changed to red. No malfunction of the signal was reported on the day of the accident.

*358 Webb was traveling east on Gentilly Boulevard in the center lane of the three moving lanes. Mrs. Black was traveling south on Franklin Avenue in the right of the two moving lanes and approached the intersection from Webb's left.

The drivers presented different versions of the accident. Mrs. Black testified that the light was green as she approached the intersection and changed to yellow after she had entered the intersection and was crossing the westbound lanes of Gentilly Boulevard. Suddenly, she was struck in the right rear by a car which she did not see prior to impact. She stated that she was traveling between 30 and 35 miles per hour and did not reduce her speed prior to the collision.

Mrs. Black's mother, Mrs. Correge, was a passenger in the front seat. She testified that the light turned to yellow when they were crossing the neutral ground area. She also did not see Webb before the collision. Although she did not know how to drive, she estimated their speed at 30 to 35.

Two teenagers, who were waiting at a bus stop on the southwest corner of the intersection, corroborated Mrs. Black's version. The first testified that he saw Mrs. Black enter the intersection on a green light; that when she was halfway across, the light turned to yellow, and Webb jumped out from a stopped position; that the light was still yellow when the impact occurred; that there were no other cars on Gentilly except Webb's; that he did not notice the color of the light controlling Gentilly Boulevard traffic; and that Mrs. Black was traveling at about 30 miles per hour.

The other young man testified that the light was green as Mrs. Black approached the intersection, but turned to yellow "when she hit it"; that he did not see Webb prior to the collision, nor did he hear any braking or horns; that when the cars hit, the light had just turned red; and that Mrs. Black was going 25 to 30 miles per hour prior to the collision.

On the other hand, Webb testified that the light turned red as he approached the intersection; that he slowed and stopped at the back line of the pedestrian crosswalk; that while he was stopped, there was a Chevrolet on his left and a City Department of Streets dump truck on his right; that when the light turned green, he proceeded forward at a normal rate of speed; that the Chevrolet also started forward but braked suddenly and stopped just prior to his collision with Mrs. Black; and that as he started forward, he had a satisfactory view of the intersection to the front and at an angle to either side, but his view to the left was completely obstructed by the Chevrolet.

The truck driver testified that he stopped the loaded 2½-ton truck behind the crosswalk; that Webb was also behind the crosswalk; that when the light turned green, he started forward ahead of Webb in low or "grandma" gear, traveling about two miles per hour; that Webb proceeded from the stopped position slowly, passed him, and then collided with Mrs. Black, with whom he almost collided also; and that he didn't recall if there was a vehicle on Webb's left in the neutral ground lane.

A pedestrian, who was waiting at the same bus stop as the teenagers, verified that the City truck was in the lane closest to him and that the light was green for Gentilly Boulevard traffic when the truck pulled off from the stopped position. He stated that about ten vehicles were stopped on Gentilly Boulevard behind the pedestrian crosswalk, waiting for the light, and that none of them moved before the light changed. He was standing near the front of the truck, which prevented him from seeing Webb's vehicle when the traffic moved and from actually seeing the collision, although he saw the cars right after the collision occurred.

The trial judge found as a fact that Webb started from a stopped position *359 when the light turned from red to green. There is certainly much evidence in the record to support this factual conclusion, and although there is evidence to the contrary, we cannot find that the trial judge committed manifest error in making this finding of fact. We note that the principal contradictory evidence, furnished by one of the teenage bystanders, could have been inaccurate in that his view may have been obstructed to some extent by the City truck, the presence of which he denied.

The trial court also found as a fact that Mrs. Black entered the intersection when the light had already turned red and thus concluded that she was the sole cause of the accident. We also find that the evidence adequately supports this factual determination.

If Mrs. Black had entered the intersection (as she testified) just before the light turned to yellow and was traveling at a speed of 30 to 35 miles per hour, then she necessarily would have cleared the intersection in the four seconds before the light turned to red. The intersection measured approximately 80 feet from the curb on the north side of Gentilly Boulevard to the curb on the south side. A motorist traveling at 30 miles per hour covers 44 feet in one second or 176 feet in four seconds. Thus, if the speed estimate by Mrs.

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Bluebook (online)
284 So. 2d 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/correge-v-webb-lactapp-1973.