Harrington v. Velinsky

567 So. 2d 148, 1990 WL 122973
CourtLouisiana Court of Appeal
DecidedAugust 22, 1990
Docket21636-CA
StatusPublished
Cited by8 cases

This text of 567 So. 2d 148 (Harrington v. Velinsky) 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
Harrington v. Velinsky, 567 So. 2d 148, 1990 WL 122973 (La. Ct. App. 1990).

Opinion

567 So.2d 148 (1990)

Patrick Hough HARRINGTON, Plaintiff-Appellant,
v.
Paul L. VELINSKY, Safeguard Insurance Company and H.A. Lott, Inc., Defendants-Appellees.

No. 21636-CA.

Court of Appeal of Louisiana, Second Circuit.

August 22, 1990.

*149 Jack M. Bailey, Jr., Shreveport, for plaintiff-appellant.

Lunn, Irion, Johnson, Salley & Carlisle by Ronald E. Raney, Shreveport, for defendants-appellees Paul L. Velinsky and Safeguard Ins. Co.

Mayer, Smith & Roberts by Paul R. Mayer, Jr., Shreveport, for defendant-appellee H.A. Lott, Inc.

Before MARVIN, LINDSAY and HIGHTOWER, JJ.

LINDSAY, Judge.

The plaintiff, Patrick Hough Harrington, appeals from a judgment based upon a jury verdict denying his claim for personal injury damages arising from an automobile accident. We affirm the judgment.

FACTS

At approximately 9:40 a.m. on March 10, 1986, the plaintiff and Mr. Paul Velinsky were involved in an automobile accident at the intersection of Texas and Market Streets in Shreveport. At that time, H.A. Lott, Inc., a construction company, was engaged in the construction of a multi-story office building at the corner of Texas and Market Streets. The building was being constructed for the Commercial National Bank (CNB).

Normally, Texas Street has three eastbound traffic lanes and three westbound traffic lanes. However, during the construction of the CNB building, a board walkway had been built adjacent to the construction site and it occupied the extreme right, eastbound lane of Texas Street, thereby leaving only two lanes for eastbound traffic. Further, large trucks often occupied the eastbound center lane, as they stopped to deliver building supplies to the construction site. At those times, only the far left lane was left open to traffic.

On the morning of the accident, an off-duty Shreveport police officer, Sgt. Ed Gurley, was working for H.A. Lott, Inc., directing trucks into the construction site. Sgt. Gurley was in full Shreveport police department uniform. At the time this accident occurred, Sgt. Gurley had directed a large truck into the lane next to the boardwalk, near the intersection of Texas and Market Streets. The front of the truck was approximately two car lengths from the intersection. Sgt. Gurley testified that a barricade was placed in front of the truck blocking the space between the truck and the intersection of Texas and Market Streets. This left only the extreme left, eastbound lane open for traffic.

Immediately prior to the accident, Mr. Velinsky was proceeding eastbound on Texas Street in the far left traffic lane. This was the only clear lane available for traffic. He stopped at the stop light at the corner of Texas and Market Streets and activated his turn signal to make a right turn from Texas Street onto Market Street. The light turned green and Mr. Velinsky looked at Sgt. Gurley, who was standing close to the corner. Sgt. Gurley pointed to the green light and Mr. Velinsky nodded affirmatively. Sgt. Gurley then made a gesture to Mr. Velinsky directing him to make the right turn.

Mr. Harrington's vehicle was behind Mr. Velinsky, in the only open eastbound lane. Observing the officer's signal, Mr. Velinsky moved into the intersection and began the right turn (with his right turn signal activated). At that time, Mr. Harrington apparently cleared the barricade in front of the delivery truck, moved his vehicle to the right and attempted to pass Mr. Velinsky on the right side as they both entered the intersection. The vehicles collided near the middle of the intersection. The right front portion of Mr. Velinsky's automobile collided with the left rear portion of Mr. Harrington's vehicle.

On July 1, 1986, Mr. Harrington filed suit against Mr. Velinsky, his insurer, Safeguard Insurance Company, and H.A. Lott, Inc. Mr. Harrington alleged that Mr. Velinsky was negligent in turning right from the left lane and that Lott's employee, Sgt. Gurley, was negligent in signaling Mr. Velinsky *150 to make the turn without first checking for traffic on Mr. Velinsky's right.

Mr. Harrington claimed that as a result of the accident he had suffered a cervical injury, which caused neck and back pain, mental depression and anxiousness. In addition, the plaintiff, an attorney, claimed his injuries adversely affected his law practice.

The case was tried before a jury in March, 1989. On March 16, 1989, the jury found that Mr. Velinsky was not guilty of any fault or negligence in causing the accident. The jury also found that neither H.A. Lott, Inc. or any of its employees, including Sgt. Gurley, were guilty of any fault or negligence which was a cause in fact of the accident.

The plaintiff appealed the trial court judgment. He asserts numerous assignments of error.

FINDING OF FAULT

The plaintiff argues that the jury erred in failing to find that Mr. Velinsky and Sgt. Gurley were negligent and that their negligence was a proximate cause of the accident. The plaintiff contends that Mr. Velinsky was negligent in turning right from the extreme left lane, without checking for traffic to his right. The plaintiff also contends that Sgt. Gurley was negligent in signaling Mr. Velinsky to turn right without checking for traffic to the right of Mr. Velinsky. The plaintiff argues that both Mr. Velinsky and Sgt. Gurley admitted that they failed to check for traffic to Mr. Velinsky's right, and by so doing, admitted they were negligent. The plaintiff contends that by failing to find that Mr. Velinsky and Sgt. Gurley were negligent, the jury committed error in failing to make an award of damages. We find these arguments to be meritless.

Statutes

The plaintiff claims that Mr. Velinsky, at the time he attempted to make his right turn from the far left lane, was in violation of several Louisiana motor vehicle regulations. LSA-R.S. 32:58 provides that it is unlawful for the driver of a vehicle to negligently fail to maintain reasonable and proper control of a vehicle while operating the vehicle on the public roads of this state.

LSA-R.S. 32:71 provides that, except under specific circumstances, a vehicle shall be driven upon the right half of the roadway.

LSA-R.S. 32:101 provides that when a driver intends to turn right, "both the approach for the right turn and the right turn shall be made as close as practicable to the right-hand curb or edge of the roadway."

LSA-R.S. 32:104(A) provides, in pertinent part, that no person shall turn a vehicle at an intersection unless the vehicle is in the proper position upon the roadway as required in LSA-R.S. 32:101, or turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.

The plaintiff claims that Mr. Velinsky, by turning right from the left lane, violated these provisions and therefore was negligent in causing the accident.

Mr. Velinsky and his insurer, Safeguard Insurance Company, argue that Mr. Velinsky acted within statutory guidelines in attempting to complete his right turn under the circumstances of this case. They argue that LSA-R.S. 32:56 provides that no person shall fail or refuse to comply with any lawful order or direction of any police officer invested by law with the authority to direct, control, or regulate traffic. They also argue that LSA-R.S. 32:231 provides that the driver of a vehicle shall obey the instructions of any traffic control device unless otherwise directed by a traffic or police officer. Mr. Velinsky and his insurer claim that Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
567 So. 2d 148, 1990 WL 122973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrington-v-velinsky-lactapp-1990.