Lapeyrouse v. LeCompte

343 So. 2d 1117, 1977 La. App. LEXIS 4687
CourtLouisiana Court of Appeal
DecidedFebruary 14, 1977
DocketNo. 11056
StatusPublished
Cited by5 cases

This text of 343 So. 2d 1117 (Lapeyrouse v. LeCompte) 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
Lapeyrouse v. LeCompte, 343 So. 2d 1117, 1977 La. App. LEXIS 4687 (La. Ct. App. 1977).

Opinion

LANDRY, Judge.

These consolidated actions arise from an automobile accident which occurred in Ter-rebonne Parish on Louisiana Highway 56, a paved two lane highway, at approximately 5:30 A.M., on the dark and very foggy morning of March 24, 1972. The collision involved a 1961 Cadillac owned by Percy LeCompte and being driven by his wife, Laurella LeCompte and a 1965 Pontiac owned and being driven by Horace Chau-vin. Mrs. LeCompte was traveling northerly, Mr. Chauvin was proceeding southerly. The vehicles collided, virtually head on, in the southbound lane of travel as Mrs. Le-Compte was attempting a left turn into the driveway of her sister, Mrs. Clarence Picou, who lived on the west side of the highway. The LeCompte vehicle was insured by Firemen’s Insurance Company of Newark, New Jersey (Firemen’s); Chauvin’s automobile was insured by Fidelity & Casualty Company of New York (Fidelity). Mr. Chauvin was alone. Mrs. LeCompte had as her guest passengers, her sister Mrs. Roseline Duplantis Lapeyrouse and Mrs. Lapey-rouse’s son, Keith Pellegrin, a minor at the time of the accident.

Mrs. Lapeyrouse sued Chauvin; Fidelity, whose policy limits on Chauvin’s vehicle are $5,000 - $10,000 - $5,000; Percy LeCompte; and, Firemen’s whose coverage on the Le-Compte car is $50,000 - $100,000; for personal injuries and medical expenses both for herself and on behalf of her minor son, Keith Pellegrin. Mrs. Lapeyrouse was joined in her action by her husband, Levis Lapeyrouse, to whom Mrs. Lapeyrouse was married after the accident but before suit was filed. Mr. Lapeyrouse claimed damages for future medical expense anticipated in treatment of his wife’s injuries. Chauvin sued Mr. and Mrs. LeCompte and Firemen’s for personal injuries and property losses. Mr. and Mrs. LeCompte filed suit against Chauvin and Fidelity for serious personal injuries sustained by Mrs. LeCompte and medical expense incident thereto in the stipulated amount of over $5,000.

During trial, it was stipulated by counsel for all parties that all claims against Chau-vin individually were reduced to the limits of Fidelity’s coverage, and that no personal judgment would be rendered against Chau-vin, in excess of his insurance policy limits.

After consolidated trial below, judgment was rendered: (1) In favor of Mrs. Lapey-rouse in the sum of $15,500.00 against Chauvin, Fidelity, Percy LeCompte and Firemen’s, in solido; (2) In favor of Levis Lapeyrouse against these same defendants in the sum of $2,335.02, less a credit of $679.43 due Fidelity for special damages paid Mrs. Lapeyrouse, which decree was amended to award said special damages to Mrs. Lapeyrouse; (3) Rejecting Mr. Lapey-rouse’s claim for future medical expense and also rejecting Mrs. Lapeyrouse’s claim for alleged business losses and nursing expenses assertedly owed Mrs. Lapeyrouse’s daughter and other individuals; (4) Reject[1119]*1119ing the claims of Chauvin and the Le-Comptes against each other and their respective insurers on the ground that Chau-vin and Mrs. LeCompte were joint tort fea-sors; and, (5) Continuing the claim of Keith Pellegrin who had attained the age of majority since the accident but who could not be substituted as a party litigant in his own name because he left home prior to trial and his whereabouts could not be determined. Judgment against Fidelity was restricted to $5,000 in conformity with its policy coverage.

Chauvin and Fidelity have not appealed the judgment against them in favor of Mrs. Lapeyrouse. Neither has Chauvin appealed dismissal of his claim against the Le-Comptes and Firemen’s. Mrs. Lapeyrouse has appealed, seeking: (1) Increase of her award for personal injuries; (2) Recovery of loss of business profits and expense incurred because of her inability to operate her florist business; (3) Recovery of nursing expenses; and (4) Future medical expense for anticipated plastic surgery. Mr. LeCompte and Firemen’s have appealed seeking reversal of the judgment in favor of Mrs. Lapeyrouse, and alternativély requesting that the award to Mrs. Lapeyrouse for personal injuries be affirmed.

In oral argument before this court, it was stipulated by Mr. LeCompte’s counsel that Mr. LeCompte’s claim against Chauvin and Fidelity for special damages incurred in treatment of Mrs. LeCompte’s extensive injuries has been abandoned.

We reverse the judgment insofar as it holds Mrs. LeCompte to be a joint tort feasor and casts Percy LeCompte and Firemen’s; in all other respects the judgments are ^ affirmed.

Mrs. LeCompte testified that shortly before the accident she picked up her sister, Mrs. Lapeyrouse, to attend a memorial Mass to be said that morning for their mother. She was proceeding along the highway in a dense fog, with her headlights on, just before daylight, her range of vision being approximately 80 feet. She was proceeding to the home of another sister, Mrs. Clarence Picou. She drove at a speed of 25 to 30 miles per hour in her proper lane until she reached a point opposite the Picou driveway. Because of her limited visibility, she stopped in the northbound lane opposite the driveway, turned on her left turn signal light, and looked intently ahead for oncoming traffic. She remained stopped a few seconds and asked Mrs. Lapeyrouse, who was seated to her right, whether Mrs. La-peyrouse saw any oncoming vehicles. Receiving a negative reply from her sister, she commenced her left turn. She recalled nothing more concerning the accident.

Mrs. Lapeyrouse’s testimony is essentially that Mrs. LeCompte was driving cautiously in the northbound lane until she reached the Picou driveway. At this point, Mrs. LeCompte brought her vehicle almost to a stop in the northbound lane and then began a left turn. She remembered nothing further regarding the circumstances attending the accident. She confirmed that the morning was very foggy but that there was some visibility as she could see the Picou residence on the west side of the highway, before Mrs. LeCompte began her turn.

Mr. Chauvin testified he spent the prior evening and night at several beer parlors and pool halls from about 9:00 P.M. until approximately 1:30 A.M., drinking beer and playing pool. He admitted having 6 .to 8 bottles of beer, following which he slept in his automobile until a few minutes prior to the accident. After awakening in his car, he waited a few minutes for his head to clear and then started toward his home some 10 to 12 miles away. He was proceeding southerly at a speed of 45 to 50 miles per hour, with his lights on, until just before the accident, at which time he reduced his speed to about 30 or 35 miles per hour because of the fog. At trial and in a statement given an adjuster while a hospital patient following the accident, Chauvin related there was a visibility of about 200 feet at the time of the accident. His statement recites that he saw the oncoming LeCompte car while it was about 200 feet distant, at which time Mrs. LeCompte was proceeding normally in the northbound lane at a slow speed. His statement further recites that [1120]*1120Mrs. LeCompte turned left when he was only 20 feet away. At trial, however, Chauvin testified that while visibility was about 200 feet, he did not see the LeCompte car until it was about 50 feet away; that he could not explain why he did not see the LeCompte car sooner; and, that Mrs. Le-Compte turned when he was only 10 to 12 feet away. He denied seeing blinker lights in operation on the LeCompte vehicle. A statement by an acquaintance of Chauvin indicates that he and Chauvin were together drinking until considerably later than 1:30 A.M. on the morning of the accident.

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Bluebook (online)
343 So. 2d 1117, 1977 La. App. LEXIS 4687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lapeyrouse-v-lecompte-lactapp-1977.