Landreneau v. Allstate Insurance

186 So. 2d 908, 1966 La. App. LEXIS 5185
CourtLouisiana Court of Appeal
DecidedMay 9, 1966
DocketNo. 6638
StatusPublished
Cited by1 cases

This text of 186 So. 2d 908 (Landreneau v. Allstate 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
Landreneau v. Allstate Insurance, 186 So. 2d 908, 1966 La. App. LEXIS 5185 (La. Ct. App. 1966).

Opinion

BAILES, Judge.

This tort action arose out of two collisions involving three automobiles on the bridge spanning the Mississippi River between West Baton Rouge and East Baton Rouge Parishes at 1:45 o’clock on the morning of November 16, 1963. The plaintiff, a minor at the time of the accident but who reached majority prior to the filing of this suit, was a guest passenger in the automobile to be herein referred to as vehicle No. 2. The defendants are Sherman J. Provost, owner and operator of a 1958 Ford automobile, hereinafter referred to as vehicle No. 1; Joseph J. Fontenot, operator of a 1962 white Falcon automobile, being the one above referred to as vehicle No. 2; [909]*909and Lawrence S. Womack, operator of a 1962 green Falcon automobile, hereinafter referred to as vehicle No. 3. This latter vehicle was insured under a public liability-policy issued by State Farm Mutual Automobile Insurance Company, who also is a defendant herein.

The Allstate Insurance Company was erroneously made a defendant herein as the public liability insurer of vehicle No. 2. Upon determining Allstate Insurance Company was not such insurer, plaintiff secured the dismissal of Allstate from this litigation.

After trial of this matter, the lower court rendered judgment in favor of plaintiff and against defendants, Provost and Fontenot, in solido, in the amount of $8,179.30. The other defendants were dismissed. Only the plaintiff has appealed.

The highway which traverses the Mississippi River via the bridge in question is U. S. Highway 190. The bridge is large and high, providing four lanes for vehicular travel, being two lanes for west bound traffic and two lanes for east bound traffic separated in the middle by a single railroad track. The evidence shows vehicular traffic lanes of this bridge are several hundred feet above the waters of the Mississippi River, and that the bridge is approximately one (1) mile in length. From ground level there is an incline for about one-fourth mile in length on either side, and a flat, level portion about one-half mile in length. The speed limit on this bridge is SO mph. The road was dry and the night was clear. No lights of any kind are affixed to or illuminate this bridge.

The State troopers who investigated this accident testified the accidents occurred about 200 feet east of the west end of the level portion of the bridge. This would be 200 feet short of the decline of the traffic lanes traveling west.

The record reflects the following facts about which there is no dispute. The driver of vehicle No. 1 was proceeding west across the bridge in the far right or north traffic lane when his automobile stalled. Immediately he attempted to start his automobile, however his efforts were to no avail. He testified he was unable to get out of his car to flag traffic for at least several minutes because the flow of traffic was so constant it barred his exit. However, there is other convincing testimony which showed traffic at that time of the morning on this particular occasion was very light. At any rate, Provost did nothing to protect traffic approaching the rear of his stalled automobile. While vehicle 1 was in such position, vehicles No. 2 and No. 3 were approaching from the rear. The testimony of both the drivers of vehicle No. 2 and No. 3 is that vehicle No. 2 overtook and passed vehicle No. 3 prior to the time either vehicle reached the bridge. Fontenot testified he was driving a little faster than was Wom-ack, he passed him to the left and then pulled into the right lane ahead of Womack, and that he remained in that traffic lane until an instant before his collision with vehicle No. 1. Womack testified substantially the same, however, he added he was at no time more than two car lengths behind Fontenot. His testimony, in part, is as follows:

Cross-examination by Mr. Brewer. Page 171 of the Record.

“Q. As you were traveling westerly on the highway on this side [meaning the Baton Rouge side of the bridge] do you recall any vehicles passing you ?
A. A white Falcon passed me before I got to the approach of the bridge, but no other traffic passed at the time.
Q. About how fast were you going as you approached the bridge?
A. About 50 or 55, somewhere along in there, I wasn’t going very fast.
[910]*910Q. Was the white Falcon going very fast?
A. No, sir, he just eased past me.
Q. Which lane of traffic were you in as you went up the bridge?
A. I was in the right lane of traffic, the outside lane.
Q. Did you notice any car in front of you?
A. To my opinion, the white Falcon when it passed it stayed in the left lane I can’t remember really if he got back in the right lane or if he stayed in the left lane, but it seemed like he stayed in the left lane.
Q. What do you base that on ?
A. Memory mostly, just—
Q. Do you remember the white Falcon staying in the left lane, or not?
A. I just can’t remember offhand whether he really stayed in the left lane or moved over into the right lane.”
Mr. Womack further testified on examination by his own counsel, as follows, as found on page 202 of the record:
By Mr. Lane.
“Q. Mr. Womack, when the Fontenot car passed you was there much difference in the speed of the two drivers?
A. No, sir, they were pretty close to the same thing.
Q. I believe you stated that he just eased by you, is that the way you describe it?
A. Yes, sir, he just — the car just gradually came past, not very fast, just came steadily past.
Q. Did he ever get very far ahead of you? Was there ever much difference separating the two cars?
A. No, sir, one car length, two at the most I would say.
* '*'*** *
Q. What was the first notice you had that anything unusual was happening?
A. Well, as I topped the bridge I thought I saw car lights on my side of the road and I swerved to the left and at that time I ran back of Mr. Fontenot’s car.
Q. What time interval elapsed there from the time you saw the car lights ?
A. It was short. It seemed almost the same time.
Q. Did you have time to put on the brakes ?
A. I don’t think I did, I don’t remember doing it, no, sir.
Q. What did you do?
A. I swerved my car and I hit him, that’s the last thing I remember. I hit a car.”

We are convinced Fontenot, driver of vehicle No. 2, after passing vehicle No. 3 prior to reaching the bridge, moved into the right or north lane. As vehicle No. 1 was stalled in the right or north lane, there would have been no reason or cause of contact between vehicle No. 1 and No. 2 had vehicle No. 2 remained in the left lane.

Mr.

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Related

Landreneau v. Allstate Insurance
190 So. 2d 229 (Supreme Court of Louisiana, 1966)

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Bluebook (online)
186 So. 2d 908, 1966 La. App. LEXIS 5185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landreneau-v-allstate-insurance-lactapp-1966.