Guidry v. Covington

225 So. 2d 311, 1969 La. App. LEXIS 5817
CourtLouisiana Court of Appeal
DecidedJuly 2, 1969
DocketNo. 7712
StatusPublished
Cited by1 cases

This text of 225 So. 2d 311 (Guidry v. Covington) 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
Guidry v. Covington, 225 So. 2d 311, 1969 La. App. LEXIS 5817 (La. Ct. App. 1969).

Opinions

LOTTINGER, Judge.

This is an automobile accident case. These two cases were consolidated for trial, but the case of Daniel Covington v. Easton Broussard and John Guidry was compromised and settled after the Trial Court rendered its judgment, therefore, this opinion is limited to the case of John Guidry v. Eldon Covington.

The accident in question occurred on July 26, 1965, at approximately 8:00 p. m. at the intersection of U.S. 190 at the extension of Church Street, approximately one mile west of the city limits of the City of Hammond, Louisiana. At the scene of the accident, U.S. 190 and Church Street meet so as to form a straight line in a generally easterly and westerly direction. At the point of the intersection, U.S. 190 curves to the right or southerly at approximately a forty-five degree angle, so that an automobile traveling easterly on U.S. 190, or toward Hammond, would curve to the right to continue on U.S. 190 rather than going straight on Church Street.

For traffic traveling west on Church Street, there is a stop sign and an overhead red flashing light at the intersection. For westbound traffic using U.S. 190, there are two signs, one stating “YIELD AHEAD”, and the other stating “YIELD”, and near these signs there is a pedestal mounted yellow signal light.

[313]*313For eastbound traffic, which would be on U.S. 190 going toward Hammond, there is a yellow, or amber, flashing light, suspended from a span of wire which hangs completely across the highway, and about twenty to twenty-five feet above the ground. This signal light flashes in a westerly direction down U.S. 190, but from all indications, it is situated over the center line of U.S. 190 as this center line would continue in its curve, rather than over the center line continuing onto Church Street.

Immediately prior to the accident, Eas-ton Broussard was traveling east on U.S. 190 at approximately forty to forty-five miles per hour. Broussard was operating a tractor-trailer type truck which was owned by John Guidry. At a point approximately two city blocks prior to or west of the intersection, Broussard activated his left turn signal and commenced slowing down. Mr. Benton Box, the operator of the automobile behind the truck, testified that he saw the rear left turn indicator working, and that the truck slowed down. Broussard testified that he slowed to approximately fifteen miles per hour at the intersection. The left turn signal by the truck indicated that the truck intended to continue straight onto Church Street by crossing the westbound lane of U.S. 190.

Eldon Covington was proceeding westerly on U.S. 190. With Eldon Covington was his brother, Daniel Covington, who was riding in the front passenger seat. Eldon Covington indicated that he was familiar with this intersection and knew that there was a “YIELD” sign, but stated that he did not see it, nor did he slow down when he approached the intersection. The accident occurred when Eldon Covington drove his automobile through the “YIELD” sign without stopping and struck the right side of the truck driven by Broussard.

John Guidry, the owner of the truck, filed suit for $1,453.34, consisting of $753.-34 damages to his truck and $700.00 in damages for loss of use of the truck. The defendant Eldon Covington reconvened for pain and suffering, personal injuries, and for. property damage. The Trial Court found in favor of the defendant, Eldon Covington, on the main demand, and in favor of the plaintiff and defendant in re-convention, John Guidry, on the reconven-tional demand. From this judgment the plaintiff, John Guidry, has appealed. The defendant, Eldon Covington, has not answered the appeal.

As above stated, there was a flashing yellow or amber light facing in a westerly direction so as to be visible to eastbound traffic on U.S. 190. The law relative to flashing yellow or amber signals is found in LSA-R.S. 32:234, which provides:

“A. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows:
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“(2) FLASHING YELLOW OR AMBER (CAUTION SIGNAL) — When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through or past such signal only with caution.”

Since the Trial Court has not favored us. with written reasons for judgment, we do not know what determination was made by the Trial Court as to the location of this particular flashing yellow light, and as to what lane of traffic it was intended to control. For the sake of argument, we must consider that the light was intended for all traffic approaching from the west on U.S. 190, and in particular for the vehicles which intended to cross over from U.S. 190 to the extension of Church Street. Easton Broussard, the driver of the truck, activated his left turn signal light when he was two blocks ahead of the intersection, and he commenced slowing down his vehicle so that he was traveling at approximately fifteen miles per hour at the point of the intersection. He therefore approached this flashing caution signal with caution.

[314]*314For traffic coming from the east on U. S. 190, there were two signs indicating “YIELD”. The statutory law as regarding the yield signs is found in LSA-R.S. 32:123, as follows:

“A. Preferential right of way at an intersection may be indicated by stop signs or yield signs.
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“C. The driver or operator of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions, or shall stop if necessary, before entering the cross walk on the near side of the intersection or, in the event there is no cross walk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. Having slowed or stopped in this manner, the driver shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard.”

Eldon Covington testified that he knew of the presence of the yield signs, but did not stop. He continued through the signs at approximately thirty-five to forty miles per hour until it was too late to stop. He further testified that he had seen the truck some time before the accident and could have applied his brakes had he desired to do so. He never did apply his brakes. Easton Broussard testified that he also knew of the yield signs and knew that he should have been on the favored street.

We are of the opinion that under the facts as presented, Easton Broussard was never confronted with such circumstances so as to indicate to him that Covington was not going to stop at the yield sign. We are further of the opinion that because .there are more stringent regulations applicable to a yield sign than to a flashing caution light, Easton Broussard must be declared to have been on the favored street.

As was stated in McCaa v. Hertz Corporation, La.App., 178 So.2d 772, 773, 2d Cir. 1965:

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Cite This Page — Counsel Stack

Bluebook (online)
225 So. 2d 311, 1969 La. App. LEXIS 5817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guidry-v-covington-lactapp-1969.