Hoffpauir v. Southern Farm Bureau Casualty Ins. Co.

124 So. 2d 409, 1960 La. App. LEXIS 1183
CourtLouisiana Court of Appeal
DecidedNovember 17, 1960
Docket106
StatusPublished
Cited by14 cases

This text of 124 So. 2d 409 (Hoffpauir v. Southern Farm Bureau Casualty Ins. 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
Hoffpauir v. Southern Farm Bureau Casualty Ins. Co., 124 So. 2d 409, 1960 La. App. LEXIS 1183 (La. Ct. App. 1960).

Opinion

124 So.2d 409 (1960)

Warren HOFFPAUIR et al.
v.
SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY et al.

No. 106.

Court of Appeal of Louisiana, Third Circuit.

November 17, 1960.

*410 Edwards & Edwards, by Nolan J. Edwards, Crowley, for defendant-appellant.

P. J. Chappuis, II, Crowley, for defendant-appellee.

Before TATE, FRUGE and HOOD, JJ.

HOOD, Judge.

This is an action for damages arising out of a motor vehicle collision which occurred in Jefferson Davis Parish on February 25, 1958. The suit was instituted by Warren Hoffpauir, individually and as administrator of the estate of his minor daughter, and by Mrs. Dolores Broussard Hoffpauir, against Maxiel Bertrand and his public liability insurer, Southern Farm Bureau Casualty Insurance Company. It is a companion suit to and was consolidated for trial with the actions entitled Bertrand et al. v. Audubon Insurance Company et al., La. App., 124 So.2d 415, and Audubon Insurance Company v. Bertrand et al., La.App., 124 So.2d 416. After trial of these cases on their merits, judgment was rendered in favor of plaintiffs in the instant suit, and defendants have appealed from that judgment.

The accident which precipitated this suit occurred about 4:15 p. m. on U. S. Highway 190, about two and one-quarter miles west of the Town of Elton. The highway at that point is straight and runs east and west. It is a two-lane, hard-surfaced road, 24 feet in width. At the time the collision occurred, the road was dry and visibility was good.

Shortly before the accident, Warren Hoffpauir was driving his Oldsmobile automobile in an easterly direction at a speed not in excess of 60 miles per hour. Approaching him from the opposite direction *411 in the westbound lane of traffic was a school bus followed by two large van trucks and an automobile driven by John D. Bertrand, the unemancipated minor son of defendant Maxiel Bertrand. Young Bertrand was returning home from Elton, where he had driven at his father's request to pick up Mrs. Maxiel Bertrand, who was a substitute teacher at Elton High School, and who was a passenger in the Bertrand vehicle at the time of the accident.

As the Hoffpauir automobile and the school bus approached each other, the bus was being driven at a very slow rate of speed toward a regular bus stop along the highway where the driver expected to discharge school children. This bus stop was located about 40 feet west of the Maxiel Bertrand store, which is on the south side of Highway 190. In front of this store is a large, graveled parking area. The shoulder along the south side of the highway and immediately east of the Maxiel Bertrand store is wide, graveled and well maintained.

While the Hoffpauir car was in the act of meeting and passing the school bus and van trucks, Bertrand suddenly turned his car to his left into the south or eastbound lane of traffic, directly in front of the approaching Oldsmobile, and a collision between the Hoffpauir and Bertrand vehicles occurred almost immediately thereafter. The front of the Hoffpauir car struck the right side of the Bertrand vehicle, the point of impact being in the eastbound, or Hoffpauir's, lane of traffic.

Bertrand testified that he had planned to turn to his left, cross the opposing lane of traffic to the south shoulder of the highway and then drive in a westerly direction along that shoulder to his father's store which was located about 200 feet west of the place where the accident occurred. He stated that he was aware of the fact that the school bus was just ahead of the two large trucks which were in front of him, and he knew that the bus would stop just west of the Bertrand store. He further testified that he saw the red flags and the stop sign extended from the bus and he "assumed" that all oncoming traffic had stopped. He was following closely behind the truck in front of him and did not see the Hoffpauir car until he pulled into the eastbound lane of traffic. The evidence establishes that the left front wheel of the Bertrand car was on the south edge of the pavement at the moment of impact.

The law provides that the driver of any vehicle on the highways of this State shall "not attempt to make a turn unless the way is clear." LSA-R.S. 32:235 subd. A. Also, the courts of this State have held many times that a left hand turn across a highway constitutes one of the most hazardous maneuvers that a driver is called upon to perform, and that a motorist endeavoring to execute a left turn must initially ascertain by a careful observation that the maneuver can be executed safely without danger to normal overtaking or oncoming traffic and must yield the right-of-way to such vehicles. Thomas v. Morgan City Canning Company, La.App.1954, 69 So.2d 548; Fornea v. Crain, La.App.1955, 79 So. 2d 95; Tyler v. Marquette Casualty Company, La.App.1955, 79 So.2d 376; Dunnington v. Richard, La.App.1955, 81 So.2d 33; Jenkins v. Fidelity & Casualty Company of New York, La.App.1957, 92 So.2d 120; Washington Fire & Marine Insurance Company v. Wallace, La.App.1957, 92 So.2d 777; Rothman v. Centanni, La.App.1957, 95 So.2d 34; Thompson v. Ferrara, La.App. 1957, 96 So.2d 113; Ponthieu v. Dubroc, La.App.1958, 108 So.2d 25; Babineaux v. Sims, La.App.1959, 111 So.2d 848.

In Washington Fire & Marine Insurance Company v. Firemen's Insurance Company, 232 La. 379, 94 So.2d 295, 296, the Supreme Court of this State said:

"The cases are legion which hold that before making a left turn the driver of an automobile must ascertain that he may do so safely; not only is this cardinal rule of the road founded on common sense, but in our State is a positive enactment, incorporated in the *412 Revised Statutes as R.S. 32:235, by the terms of which it is the mandatory duty of the driver of any vehicle on the highways of this State to ascertain, before turning upon any highway, that there is no traffic, vehicle or pedestrian, approaching from either direction which will be unduly delayed; and said driver `shall yield the right-of-way to such approaching traffic and shall not attempt to make a turn unless the way is clear * * *.'"

Bertrand admittedly made no effort to determine whether any vehicles were approaching in the eastbound lane of traffic before he turned into that lane. Under the established jurisprudence of this State, therefore, he was negligent in failing to maintain a proper lookout and in turning to his left into the opposing lane of traffic directly in the path of the approaching Hoffpauir vehicle.

Counsel for appellants argue, however, that Bertrand had a right to assume that the driver of any vehicle approaching the school bus from the west would stop, as required by law, and accordingly that he should not be held to have been negligent in acting upon that assumption and in making the left turn. A motorist has the right to assume that another motorist approaching from the opposite direction will obey the law and to act upon that assumption in determining his own manner of using the road. Hagaman v. Bankers Indemnity Insurance Co., La.App. 1942, 7 So.2d 390; Teche Lines v. Gorum, 1943, 202 La. 993, 13 So.2d 291; Thomas v. Checker Cab Company of New Orleans, 1956, 229 La. 1079, 87 So.2d 605.

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Cite This Page — Counsel Stack

Bluebook (online)
124 So. 2d 409, 1960 La. App. LEXIS 1183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffpauir-v-southern-farm-bureau-casualty-ins-co-lactapp-1960.