Freeman v. Liberty Mutual Insurance

175 So. 2d 659, 1965 La. App. LEXIS 3997
CourtLouisiana Court of Appeal
DecidedMay 24, 1965
DocketNo. 6421
StatusPublished
Cited by8 cases

This text of 175 So. 2d 659 (Freeman v. Liberty Mutual Insurance) 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
Freeman v. Liberty Mutual Insurance, 175 So. 2d 659, 1965 La. App. LEXIS 3997 (La. Ct. App. 1965).

Opinion

LOTTINGER, Judge.

This is a suit in tort wherein the petitioner, Gerald Freeman, claims personal injuries as a result of an accident involving a motorcycle owned and being operated by him which was in collision with an automobile. The defendants are Cameo, Inc., a Texas corporation authorized to do and doing business in Louisiana, and its liability insurer, Liberty Mutual Insurance Company. The Lower Court awarded judgment in favor of Mr. Freeman in the amount of $22,500.00 for his injuries, pain and suffering, $1000.00 for future medical expenses, $2500.00 for present and future loss of wages, and $3189.68 for accrued [661]*661medical expenses, thus making a total of -$29,189.68.

From this judgment, the plaintiff timely perfected a devolutive appeal asking that the amount of the judgment be increased. This appeal was answered by both of the defendants who had been cast in judgment and in their answer the defendants re-urged the plea of contributory negligence originally pleaded in the District Court, and alternatively asked for a reduction of the award to Mr. Freeman to the sum of $10,000.00.

Thisi answer of the appeal by the defendants places before this Court for review the entire case, both with reference to liability and with reference to quantum.

The facts disclose that the accident in question occurred on June 22, 1962, at approximately 1:30 A.M. on U. S. Highway 90 East of Houma, Louisiana and at just about the City Limits of the City of Houma, Louisiana and almost directly opposite a service station known as the Highway 90 Gulf Service Station.

Just prior to the accident, Mr. Billie Jo Barrett was driving a 1954 Ford Panel truck owned by the defendant, Cameo, Inc., in his capacity as an employee of Cameo, Inc. Mr. Barrett testified that he was on duty for Cameo, Inc. at the time of the accident, that he had left Lafayette, Louisiana, some time between 8:30 and 9:00 P.M. of the same night that the accident happened. He was accompanied by a helper, one Wayne Blackburn. Mr. Barrett testified that he and his helper had had supper in Morgan City, Louisiana, some time between 11:00 and 11:30 P.M., and that he and his helper had stopped to drink a beer immediately prior to the accident. He testified that they drank this beer in a tavern inside the City Limits of Houma and a very short distance from the place where the accident happened. After Mr. Barrett and his helper had drunk a beer, he testified that they got into the truck, got back on Highway 90 and proceeded north in the direction of New Orleans in search of a service station. He saw the lights of the Highway 90 Gulf Service Station ahead and across Highway 90, slowed his vehicle, and as he came abreast of the entrance to the service station, commenced making a left hand turn to go into the service station. As he was in the process of making the turn and when the left front fender of his vehicle was between two and three feet into the left hand lane of traffic, he collided with a 1960 Harley-Davidson motorcycle being operated by the plaintiff and traveling in a southerly direction on Highway 90 toward the City of Houma.

A city policeman from the City of Hou-ma, Louisiana, who investigated the accident and arrived at the scene very shortly after it happened, found the truck which had been operated by Mr. Barrett still partially in the south bound lane of traffic, found the plaintiff’s motorcycle burning and a total loss, testified that the point of impact was well within the south bound lane of traffic as he determined from debris etc., and found the plaintiff on the west shoulder of the road some 71 feet from the point of impact. The officer also testified that he found the left front wheel of the truck across the center line of the highway. The officer’s testimony indicates that while there was a very light fog present on the highway, that as he approached the scene of the accident, he was able to see the plaintiff’s motorcycle burning from a distance which he had measured and knew to be four-tenths of a mile.

Mr. Freeman, the plaintiff, accounted for the major portion of the time preceding the accident by testimony that he had visited a friend’s home and watched television for a considerable length of time, then gone to a drive-in restaurant and bar in the City of Houma where he drank one or more Coca-Colas, then went to the Silver Dollar, a tavern on U. S. Highway 90 north of Houma. He stayed there for a period of three to four hours, at which time he left to go back toward Houma, accompaniel by a female employee of the. Silver Dollar [662]*662who rode with him as a passenger. It was very shortly after his departure from the Silver Dollar that the accident happened.

Mr. Freeman was unable to give any positive testimony with reference to the details of the accident. He testified that the last thing that he remembered was leaving the Silver Dollar on his motorcycle, going south toward Houma on Highway 90 in his proper lane of traffic, and then waking up in the hospital after the accident..

Our review of the entire record convinces us that the Lower Court was correct in its finding that the employee of Cameo, Inc., who was driving its vehicle, was negligent, and that said negligence was the proximate cause of the accident. These two vehicles were approaching each other in opposite lanes of traffic and the driver of one of the vehicles, then owned by the defendant, Cameo, Inc., decided to execute that most dangerous type of maneuver, a left hand turn, and when he had only just commenced to execute said turn, came into collision with the other vehicle. The road was straight, and, except for what the witnesses described as a very light fog, was clear. It was certainly clear enough for Mr. Barrett, the driver of the defendant’s truck, to have seen the approaching vehicle. Mr. Barrett testified that he did not see the plaintiff’s motorcycle until it was right on him, and the fact that the truck left only 18 inches of skid marks from the right rear wheel bear this out. The testimony indicates, and the District Judge found as a matter of fact, that the lights on the plaintiff’s motorcjmle were burning at the time of the accident. The law places upon the driver who makes a left hand turn the absolute dirty to ascertain that his path, both ahead and to the rear, is clear before attempting to make this turn. One of the many cases so holding is Washington Fire and Marine Insurance Co. v. Fireman’s Insurance Co., 232 La. 379, 94 So.2d 295. It has also been held on many occasions that a left hand turn is one of the most dangerous maneuvers a motorist may execute and in doing so, great caution should be exercised. See Barnes v. Spikes, La.App., 148 So.2d 303 and cases therein cited.

Let us now consider the plea of contributory negligence on the part of Mr. Freeman which was urged by the defendants. Their first contention is that Mr. Freeman was operating his motorcycle without a headlight. As previously set forth, the District Judge found as a matter of fact that the light on the plaintiff’s motorcycle was burning prior to and at the time of the accident. There is direct testimony from the fireman who. extinguished the fire burning the motorcycle after the accident that the light of the motorcycle was burning at the time that he commenced to extinguish the fire. Mr. Barrett testified that he did not know whether the light on the motorcycle was burning or not. Mr. Freeman testified positively that he had turned his light on at the time that he left the Silver Dollar, immediately prior to the accident.

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

Related

Jones v. Lingenfelder
537 So. 2d 1275 (Louisiana Court of Appeal, 1989)
Ebey v. Coggins
474 So. 2d 1352 (Louisiana Court of Appeal, 1985)
Abadie v. Employers Group Insurance Co.
250 So. 2d 84 (Louisiana Court of Appeal, 1971)
Kempff v. B. E. King & Sons, Inc.
222 So. 2d 921 (Louisiana Court of Appeal, 1969)
Sedotal v. Gaspard
207 So. 2d 849 (Louisiana Court of Appeal, 1968)
Daigle v. Guinchard
208 So. 2d 11 (Louisiana Court of Appeal, 1968)
Templet v. Walters
204 So. 2d 429 (Louisiana Court of Appeal, 1967)
Bernard v. Castille
197 So. 2d 731 (Louisiana Court of Appeal, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
175 So. 2d 659, 1965 La. App. LEXIS 3997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-liberty-mutual-insurance-lactapp-1965.