Coward v. United States Fidelity & Guaranty Co.

289 So. 2d 506
CourtLouisiana Court of Appeal
DecidedJanuary 25, 1974
Docket4400
StatusPublished
Cited by5 cases

This text of 289 So. 2d 506 (Coward v. United States Fidelity & Guaranty 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
Coward v. United States Fidelity & Guaranty Co., 289 So. 2d 506 (La. Ct. App. 1974).

Opinion

289 So.2d 506 (1974)

Henry COWARD, Jr., Plaintiff-Appellant,
v.
UNITED STATES FIDELITY & GUARANTY COMPANY et al., Defendants-Appellees.

No. 4400.

Court of Appeal of Louisiana, Third Circuit.

January 25, 1974.
Rehearing Denied February 25, 1974.

*507 Tate & Tate, by Paul C. Tate, Mamou, for plaintiff-appellant.

Plauché, Smith & Hebert, by Andrew L. Plauché, II, Lakes Charles, for defendant-appellee.

John W. Hebert, Jennings, for defendant-appellee.

Marcantel & Cassidy, by Bernard N. Marcantel, Jennings, for defendant-appellee.

Before FRUGÉ, MILLER, and PONDER, JJ.

FRUGÉ, Judge.

Plaintiff, Henry Coward, Jr., instituted this suit as a result of a two-truck collision which occurred shortly after eleven o'clock on the morning of November 12, 1970. Plaintiff was the owner and driver of a 1966 Ford pickup truck which collided with a 1956 Ford rice truck owned by Ruffin J. Richard and driven at the time of the accident by Homer Sonnier. The accident transpired approximately three miles south of U. S. Highway 190, at the intersection of Louisiana Highway 26 with a parish gravel road located in Jefferson Davis Parish, Louisiana.

Plaintiff instituted suit to recover alleged damages from Homer Sonnier, his excess insurer, Southern Farm Bureau Casualty Insurance Company, and from Ruffin J. Richard and his insurer, United States Fidelity and Guaranty Company. The trial court, in denying recovery to plaintiff, held:

"(1) The accident occurred at an intersection within the meaning of La.R.S. 32:76;
(2) Defendant, Homer Sonnier, was negligent in attempting an improper left turn from Louisiana Highway 26 into the intersecting road; and
(3) Plaintiff, Henry Coward, Jr., was negligent in violating La. 32:76 by attempting to pass on the left while within 100 feet of an intersection and his negligence was a proximate cause of the accident."

Plaintiff has appealed the lower court's adverse determination. We affirm.

The crux of the plaintiff's appeal is concerned with the lower court's determination of contributory negligence on the part of the plaintiff. In brief, appellant has accepted the following statement of the case, as included in the lower court's written reasons for judgment, as "generally correct", except for the portions appellant has commented upon in double brackets. Other than an oversight, as indicated by our own single brackets, this statement of facts is fully supported by the evidence. Therefore, we have excerpted those paragraphs relevant to our consideration, and give express attention to those parts appellant contends to be demonstrably erroneous.

".... At the time of the accident the rice truck was being driven by Homer Sonnier accompanied by Zenon Richard, the father of Ruffin J. Richard. Henry Coward, Jr., the plaintiff was the sole occupant of his pick-up truck. The right front of plaintiff's pick-up truck collided with the left rear of the rice truck. [[This is incorrect as to plaintiff's truck, as discussed below.]] According to State Trooper Warner Miller, who investigated the accident, the plaintiff's truck left skid marks of approximately 28 feet in length beginning in his passing lane and according to the debris dropped from the rice truck at the point of impact show that the impact occurred in the west or southbound lane of Louisiana Highway 26 approximately 10 or 15 feet north of its intersection with the parish gravel road.
"Prior to the collision both vehicles were proceeding south in the west lane of Louisiana Highway 26. Plaintiff was traveling from his home in Mamou, Louisiana, to Jennings, Louisiana, to attend classes in the M.E.T. III Inc. program. *508 Although classes began at 8:00 o'clock A.M., at 11:00 o'clock that morning the plaintiff was still about 18 miles short of his destination.
"Defendant's truck, driven by Homer Sonnier, was returning from Elton, Louisiana, where he had delivered a load of soybeans. He was headed for the field where crops were being harvested. On approaching the relevant intersection Sonnier slowed his truck and apparently began to maneuver into the eastbound (sic) [northbound] lane in order to make a left turn into the intersecting parish gravel road. In the meantime plaintiff had also crossed over into the eastbound (sic) [northbound] lane of Highway 26 for the purpose of passing the truck driven by Sonnier. Apparently the plaintiff became aware of the truck's intention to turn left because the plaintiff slammed on his brakes and veered his truck southwesterly back toward the west lane of Highway 26 resulting in the accident. Following the collision, plaintiff's truck ended crosswise on Highway 26 with the front end facing east some 40 feet south of the point of collision. The impact caused the rice truck to make a sharp U-turn in the highway and overturn. Following the collision the rice truck was lying flat on its right side with its right wheels against the eastern edge of the pavement at the mouth of the parish road intersection. Its front end was facing north.
"At the time of the accident the weather was clear and the road surface dry. The parish gravel road intersecting Highway 26 at the situs of this accident is easily observable and identifiable as an intersection to a motorist approaching the intersection from the north. Plaintiff testified that he was familiar with the existence of this intersection, having seen it on several previous occasions. On the date of the accident the plaintiff first saw this intersection at the same time he saw defendant's rice truck preceding him and before plaintiff began his passing movement. He testified that he identified it and recognized it as an intersection when he was approximately three blocks north of it.
"There are no signs on Highway 26 marking the intersection and there are no yellow lines on the surface of the highway prohibiting passing at the intersection. However, there are black and white striped posts or bridge markings to alert a motorist to the existence of culverts on both sides of Highway 26 at the intersection. Louisiana Highway traffic "STOP" signs are installed on the shoulders of the parish road. Utility pole lines run along one edge of the parish road on both the east and west sides of Highway 26. The parish road is unmarked and unnumbered, but it is a public road with a 50-foot right-of-way. The roadbed is 27 feet wide along its entire route and easily accommodates two-way motor traffic. In addition to the roadbed the right-of-way includes parallel and open drain ditches on each side of the roadbed, shoulders and spoilbank. Mr. Murray Langley, who was the Police Juror in charge of this public road at the time of the accident testified that he maintained this road as a public road and that the road services some 20 to 25 farm families living two and one-half miles from Highway 26. Farm trucks continuously use this parish road during the harvest months of September, October and November.
"A parish map was introduced in evidence marking the location of the parish road and the intersection with Highway 26.
"Although the driver of defendant's truck, Homer Sonnier, testified that he did signal a left turn with his hand and also put on his left turn indicator the testimony of the State Trooper was to the effect that the turn indicator lights were not actually connected at the time of the accident and even if they had been connected there was so much dirt *509

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Bluebook (online)
289 So. 2d 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coward-v-united-states-fidelity-guaranty-co-lactapp-1974.