Eason v. Hartford Accident & Indemnity Co.

327 So. 2d 187
CourtLouisiana Court of Appeal
DecidedFebruary 9, 1976
Docket12812
StatusPublished
Cited by7 cases

This text of 327 So. 2d 187 (Eason v. Hartford Accident & Indemnity 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
Eason v. Hartford Accident & Indemnity Co., 327 So. 2d 187 (La. Ct. App. 1976).

Opinion

327 So.2d 187 (1976)

Florence Manasco EASON et ux.
v.
HARTFORD ACCIDENT & INDEMNITY CO. et al.

No. 12812.

Court of Appeal of Louisiana, Second Circuit.

February 9, 1976.

*188 Gahagan & Gahagan by Henry C. Gahagan, Jr., Natchitoches, Wilkinson, Carmody & Peatross by Samuel W. Caverlee, Shreveport, for plaintiffs-appellants.

Blanchard, Walker, O'Quin & Roberts by Jerald L. Perlman, Shreveport, for defendant-appellee Houston Fire & Cas. Ins. Co.

Mayer, Smith & Roberts by Paul R. Mayer, Shreveport, for defendants-appellees Chevis H. Webb and Hartford Acc. & Indem. Co.

Before BOLIN, MARVIN and SMITH, JJ.

MARVIN, Judge.

Plaintiffs Eason, husband and wife, sued for personal injury to Mrs. Eason, related expenses and property damage arising out of a two-vehicle accident while Mrs. Eason was a guest passenger in her husband's pickup. Suit was filed against the owner of the other vehicle involved (Mr. Webb) which was being driven by the owner's wife, and against the liability insurer of each vehicle. Judgment below rejected the demands of each plaintiff and only the plaintiff wife appeals.

The accident occurred about 3:30 p.m. on a weekday in Bossier City on Barksdale Blvd. This is a four-lane thoroughfare at and near the accident scene with two lanes for southbound traffic. Before and at the time of the accident it was raining. Water had accumulated, but to no substantial depth, on the westernmost edge of the outside southbound lane. Both vehicles were southbound at a rate of speed less than the 35 mph speed limit. The Eason pickup was in the southbound outside lane while the Webb vehicle, a four-door conventional type station wagon was in the southbound inside lane. Mrs. Webb was accompanied by her two sons. Mark Webb, age 10, was in the right front seat. Kirk Webb, age 11½, was on the seat immediately behind the front seat.

In her allegations, Mrs. Eason contended that Mrs. Webb was attempting to pass when she negligently and carelessly drove her station wagon into the Eason pickup, alleging that the doctrine of res ipsa loquitur "should apply" to place the burden of proving "freedom from negligence" on defendant. In the alternative, Mrs. Eason alleged specific acts of negligence against Mrs. Webb. Thereafter and in the alternative, Mrs. Eason alleged ". . . and only if [the] court should hold . . . [Mr. Eason] . . . negligent in any manner, which negligence is specifically denied. . ." that the Eason liability insurer should be held for damages. Specific acts of negligence were then alleged against Mr. Eason by supplemental petition of Mrs. Eason.

*189 Mrs. Eason testified that she saw the station wagon for the first time when the glanced through the rear window of the truck to observe dark rain clouds behind the truck. At that time "she [the station wagon] was in her [the inside southbound] lane," according to Mrs. Eason. She then said she was looking out of the driver's side window of the pickup to see the station wagon ". . . coming over closer on us. . . and the car [station wagon] looked like it was going to try to pass us and then. . . the front of her [Mrs. Webb's] car hung our [front] bumper."

Mr. Eason testified, ". . . all I know, she just come up beside me and my bumper hung her" while he was in his lane. He says he did not see the station wagon ". . . not until it hit." He estimated the speed at "probably" 15 mph. The two vehicles separated before they stopped in the southbound lanes, eventually to be driven off the roadway to a parking area in front of adjacent commercial establishments before the police arrived to investigate.

Mrs. Webb testified that they were in "heavy traffic" and that there were vehicles ahead of and behind her in each southbound lane. She said she first heard "this crashing sound . . . it was a tearing sound, metal, that's what it was" and that she asked ". . . the boys to look and see what was causing that . . ." at a time when she was entirely within the left or inside lane. Mrs. Webb testified: "I became aware of . . . Mr. Eason's truck after I heard the scraping sound and I looked over and he was on the side. . ."

As shown by photographs and other evidence, the front bumper of the truck was bent forward at its configuration with the immediate left corner of the truck. There was slight damage to the left headlight rim of the truck. There was no damage to the right front of the station wagon or to its right front side or quarter panel. There was damage at the front seam of the right front door where it meets the quarter panel, and extending from this point down the two right doors of the station wagon to the rearwardmost seam of the right rear door. This damage is on the approximate level of the front bumper of the truck. The molding strip on the side of the station wagon at approximately the level of the headlight rim of the truck was pushed and bent approximately three feet towards the rear of the station wagon. Only that part of the molding strip on the rear door was damaged. There was no apparent damage to this molding strip on the right rear quarter panel, the front door or the right front quarter panel.

There was no debris or other evidence to indicate to the investigating officer where on the highway the impact or side swipe occurred. Mr. Webb, who arrived after the accident, testified that he inspected the damage to the vehicle and observed blue paint (the color of the station wagon) on the left front of the truck bumper. He said he pointed this out to the investigating policeman. The policeman made no written memoranda and did not remember this. Mrs. Eason remained in the truck after the accident. Mr. Eason stated that he did not know anything about blue paint on the left front of the truck bumper. Mrs. Webb did not look at the front of the bumper.

The Webb boys generally corroborated their mother's version as to the "scraping sound" and where the truck was, at or shortly after the time the sound occurred. Mark Webb additionally testified that before and at the time the scraping sound occurred he was looking downward through the right front window and vent window of the station wagon at the dashed line separating the two southbound lanes. He said he had been watching in this fashion for some distance as the station wagon moved along, attempting to get the effect or illusion that the dashed lines were or appeared to be a Solid line. He said at no time did the station wagon cross the dashed line. No other witness testified as to the relation *190 of the lane line to the vehicles, although each driver insisted that his or her vehicle was in its proper lane.

The trial court did not place the burden on the drivers to show freedom from fault as Mrs. Eason's pleadings primarily contended, and held in a very brief opinion that ". . . the burden is upon him who alleges the fault of another to prove it by a reasonable preponderance of the evidence." The court found "as a fact" that Mrs. Eason ". . . failed absolutely to offer any evidence as to the liability of the alternative defendant [the liability insurer of the truck] and has failed . . . [the] burden of proving that this accident was caused by the fault [of Mrs.] . . . Webb."

MRS. EASON'S CONTENTION ON APPEAL

In Mrs. Eason's appellate brief, confirmed in oral argument, these statements are made:

"A review of the record shows that the Webb version (Eason moved into the Webb lane of travel) is supported by the preponderance of the evidence.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Smith v. Safeway Insurance Co. of Louisiana
146 So. 3d 944 (Louisiana Court of Appeal, 2014)
Burks v. Abbot Laboratories
917 F. Supp. 2d 902 (D. Minnesota, 2013)
Richardson v. Aldridge
854 So. 2d 923 (Louisiana Court of Appeal, 2003)
O'Donnell v. Adriatic Insurance
792 So. 2d 858 (Louisiana Court of Appeal, 2001)
Snyder v. Taylor
523 So. 2d 1348 (Louisiana Court of Appeal, 1988)
Veals v. Manis
437 So. 2d 359 (Louisiana Court of Appeal, 1983)
McGowan v. Guerin
372 So. 2d 660 (Louisiana Court of Appeal, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
327 So. 2d 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eason-v-hartford-accident-indemnity-co-lactapp-1976.