DeLaune v. Lousteau

193 So. 2d 907, 1966 La. App. LEXIS 4481
CourtLouisiana Court of Appeal
DecidedDecember 19, 1966
DocketNo. 6813
StatusPublished
Cited by7 cases

This text of 193 So. 2d 907 (DeLaune v. Lousteau) 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
DeLaune v. Lousteau, 193 So. 2d 907, 1966 La. App. LEXIS 4481 (La. Ct. App. 1966).

Opinion

SARTAIN, Judge.

Appellants appeal from a judgment rendered against them in solido in the sum of $74,876.77, together with legal interest thereon from date of judicial demand until paid and for all costs, in favor of Elaine T. DeLaune, for personal injuries, medical expenses, property loss and loss of wages. These damages resulted from an automobile collision which occurred on May 22, 1961, at about 4:30 p. m. o’clock in the City of Baton Rouge on the Scenic Highway at Ontario Street.

Following the accident and before the date of the trial, defendant, Marquette Casualty Company, was placed in rehabilitation and all proceedings against it were stayed by order of the 19th Judicial District Court. LSA-R.S. 22:734.

The remaining defendants are Charles J. Lousteau, principal of Brusly High School, Brusly, Louisiana; and, his employer, West Baton Rouge Parish School Board. The suit was authorized against the latter by House Concurrent Resolution No. 82 of the 1962 Regular Session of the Louisiana Legislature. They contend that the accident was occasioned by the acts of negligence of plaintiff and an unknown female driver designated as “Jane Doe”; or, in the alternative, if there is any negligence on the part of Lousteau, plaintiff’s right to recover is barred by her contributory negligence. Plaintiff asks that the district court’s decision be affirmed.

The evidence shows that at the scene of the accident Scenic Highway is a four lane thoroughfare running generally north and south. Ontario Street is a two lane street and joins Scenic Highway at right angles on the west side. This may also be described as a “T” intersection for Ontario Street does not continue beyond Scenic Highway on the east side. The north and south lanes of Scenic Highway are divided by a slightly raised strip. There is an opening in this center strip so that traffic on Ontario Street traveling in an easterly direction may cross the southbound lanes of Scenic Highway and then turn left to proceed north. Scenic Highway is given the right of way at this intersection as there is a stop sign facing traffic on Ontario as it enters Scenic Highway.

Plaintiff, who is a research chemist employed by Humble Oil & Refining Company in Baton Rouge, testified that she left her place of employment at approximately 4:15 p. m. o’clock, that at the intersection of Scenic Highway and Mohican Street, which is opposite the main gate at the Humble plant, she drove her car into the inside southbound traffic lane of Scenic Highway and had continued in this lane approximately nine blocks when the accident occurred. She further testified that as she was approaching Ontario Street, there was a line of cars stopped in the outside southbound traffic lane of Scenic Highway extending northward from the intersection of Chippewa Street and Scenic Highway, which is one block south of Ontario Street, to approximately one block north of Ontario Street. She reduced the speed of her automobile so as to proceed at a rate of twenty or thirty miles an hour. She stated she took this precautionary measure so that in the event one of the drivers in the outside lane would decide to pull into the inside lane in front of her she could avoid an accident. The inside lane was comparatively free of cars, there being only one vehicle in that lane preceding plaintiff by approximately one block.

Plaintiff further stated that when she was approximately a half a block north of Ontario Street, she noticed that an opening or gap had been left in the line of stopped cars in the outside southbound lane of [909]*909Scenic Highway at Ontario Street. She surmised that this was to enable traffic from Ontario Street to make a right turn to proceed south in the outside lane of Scenic Highway. She explained: “I didn’t conceive of anyone making a left-hand turn into Scenic Highway with that amount of traffic — going through four lanes of traffic. And the next thing I knew there was a car in my lane and I hit it.” When she reached a point very close to Ontario Street and while still traveling in the inside southbound lane of Scenic Highway, the front of Mr. Lousteau’s car suddenly appeared before her resulting in an immediate collision.

Defendant, Mr. Lousteau, testified that as he approached Scenic Highway in an easterly direction on Ontario Street he stopped for the stop sign. He intended to cross the southbound lanes of Scenic Highway and make a left turn so as to proceed north on Scenic Highway toward the Mississippi River Bridge. He noticed that the traffic on Scenic Highway was very heavy and also that there was a line of cars in the outside southbound lane thereof hacked up from the traffic light at Chippewa, one block south on Ontario, to a point north of Ontario Street. A woman driver (the “Jane Doe” hereinabove referred to) in this line of cars brought her car to a stop in such a manner as to leave a space between herself and the car immediately in front of her. She then motioned to Mr. Lousteau to enter Scenic Highway. Relying entirely on her signal and without attempting to ascertain if there was any traffic in the outside southbound lane of Scenic Highway, he proceeded to cross the southbound lanes, to make a left turn and proceed north. He testified that he was crossing right in front of the woman who motioned him out. He did not see plaintiff’s car until after the accident had occurred. He estimated his speed at the moment of collision as between 10 to 15 miles per hour.

The point of collision was fixed by the police officers who investigated the accident at a point 10}4 feet east of the west curb of Scenic Highway, and 914 feet west of the center dividing “hump” of Scenic Highway. This testimony corroborates that of the plaintiff’s when she stated that the Lousteau car was right upon her when it made its first appearance.

In his reasons for judgment as to the negligence of defendant, Lousteau, the trial judge stated-:

“It is not often that the issues of liability in an automobile collision suit are as clearly defined as they are in the instant case. There can be no question but that Mr. Lousteau was guilty of gross negligence in entering a major, heavily-traveled thoroughfare which enjoyed a superior right-of-way, with his vision to his left completely obscured, with utter inattention on his part to motorists approaching from that direction and with no concern whatever for traffic proceeding northward in the two northbound traffic lanes of Scenic Highway.
“The rule is well settled to the effect that a motorist who merely stops before attempting to enter a right-of-way thoroughfare has only performed one-half the duty resting upon him. To stop and then proceed without ascertaining if it is safe to do so is negligence of a gross character and renders such driver guilty of negligence. Likewise, it has been held in many cases that a motorist intending to execute a left turn in an intersection must initially ascertain by careful observation that the maneuver can be executed safely. Dyck v. Maddry, et al, 81 So.2d 165 ([La.App.] C.A. 2nd Cir.), and cases therein cited.
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“As the defendant Lousteau entered the intersection with the intention of making a left turn, he did not ascertain by careful observation that that maneuver could be executed safely. In fact, by his own admission, he made no observation whatever, his mind focusing completely upon the kindness and courtesy of the woman driver who beckoned him to enter the highway.”

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Bluebook (online)
193 So. 2d 907, 1966 La. App. LEXIS 4481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaune-v-lousteau-lactapp-1966.