Lawes v. State Farm Mut. Auto. Ins. Co.

387 So. 2d 1200
CourtLouisiana Court of Appeal
DecidedJune 9, 1980
Docket13392, 13393 and 13394
StatusPublished
Cited by3 cases

This text of 387 So. 2d 1200 (Lawes v. State Farm Mut. Auto. 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
Lawes v. State Farm Mut. Auto. Ins. Co., 387 So. 2d 1200 (La. Ct. App. 1980).

Opinion

387 So.2d 1200 (1980)

Kathryn LAWES
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.
Vickie A. JAMES
v.
Eric MATHERNE et al.
Donald P. WALTHER
v.
Eric MATHERNE et al.

Nos. 13392, 13393 and 13394.

Court of Appeal of Louisiana, First Circuit.

June 9, 1980.
Rehearings Denied September 8, 1980.

*1201 Larry P. Boudreaux, Thibodaux, for plaintiff-appellant, Kathryn Lawes in No. 36397.

Sidney Ordoyne, Thibodaux, for plaintiff-appellant, Vickie James in No. 37268.

David Cambre, New Orleans, for defendants-appellants, City of Thibodaux and National Fire & Marine Ins. Co.

Johnny X. Allemand, Thibodaux, for plaintiff-appellant, Donald P. Walther in No. 36816.

Rudolph Hargis, Houma, for defendants-appellees, Vickie James and Travelers Ins. Co. in Nos. 36397 and 36816.

Robert Butler, III, Houma, for defendants-appellees, Eric Matherne & Alvina Matherne and State Farm Mut. Auto. Ins. Co.

Charles LeBlanc, Thibodaux, for defendant-appellee, Commercial Union Ins. Co.

John Ladd Lanier, Thibodaux, for defendants-appellees, Vickie James and Aetna Cas. & Surety Co. in Nos. 36397 and 36816.

Denis Juge, New Orleans, for defendant-appellee, Government Emp. Ins. Co.

Joseph Clark, Jr., New Orleans, for defendants-appellees, Donald Walther and Government Emp. Ins. Co.

Michael Holmes, New Orleans, for intervenor.

Before COVINGTON, LOTTINGER and COLE, JJ.

LOTTINGER, Judge.

These consolidated cases arise out of a three car accident in the City of Thibodaux, Louisiana. All of these suits will be handled in this opinion.

Two issues are before us on appeal:

(1) Is the absence of a stop sign at an intersection which has a blinking overhead red light a cause-in-fact of an accident which occurs when a motorist runs the red light? And if it is, does a municipality whose officials have been informed of the missing stop sign owe a duty to motorists to replace the stop sign timely?

(2) Does the impecuniosity of one joint tortfeasor require a reduction in the amount of damages assessed against the other tortfeasor in solido who is capable of paying the full amount of the judgment?

These issues arise in a suit involving personal injury claims resulting from a three car collision at the intersection of Plantation Road and Ridgefield Road in the City of Thibodaux on January 25, 1977, shortly after noon. Ridgefield Road is a two lane blacktop street running generally north and south, whereas Plantation Road is a two lane blacktop road running generally east *1202 and west. Plantation Road is the favored street, and both streets have posted speed limits of 25 miles per hour. Plaintiff Donald P. Walther, alone in his vehicle, was proceeding in an easterly direction on Plantation Road, and plaintiff Vickie A. James, accompanied by her guest passenger, plaintiff Kathryn Lawes, was proceeding in a westerly direction on Plantation Road. At the same time, defendant Alvina Matherne, alone in her vehicle, was proceeding in a southerly direction on Ridgefield Road. The three vehicles collided in the intersection and sustained extensive damage.

The intersection was regulated by traffic control devices. The east-west traffic on Plantation Road was regulated by a yellow flashing overhead traffic light. Traffic proceeding in a northerly or southerly direction on Ridgefield Road was regulated by a red flashing overhead traffic light, which had been in existence since 1960. In addition to the red flashing light, the Ridgefield Road traffic was also controlled by a stop sign. However, the stop sign regulating south bound traffic on Ridgefield Road was not in place.

Walther, James and Lawes filed suit against the Mathernes, the Mathernes' insurer, their own insurers under the uninsured motorist coverage, and the City of Thibodaux and its insurer. James and her insurer were sued by Walther, and Lawes sued the insurers of Walther and James. Various third party demands were also filed.

Judgment was rendered in favor of Kathryn Lawes against State Farm Mutual Automobile Insurance Company (the liability insurer of the Mathernes) and the City of Thibodaux in the sum of $24,599.91, with the liability of State Farm being limited to the extent of its liability policy.

Judgment was also rendered in favor of Vickie A. James and against the defendants, Eric and Alvina Matherne; their insurer, State Farm Mutual Automobile Insurance Company; and the City of Thibodaux, in the full sum of $2,767.67. The liability of State Farm was limited to the extent of its liability policy, and because of the financial inability of the Mathernes to stand in judgment, their liability was limited to and satisfied by their policy with State Farm.

Lastly, judgment was rendered in favor of Donald P. Walther and against the defendants, Eric and Alvina Matherne, State Farm Mutual Automobile Insurance Company and the City of Thibodaux and its insurer, National Fire and Marine Insurance Company, in the full sum of $18,920.70. The liability of State Farm was limited to the extent of its liability policy, and because of the financial inability of the Mathernes to stand in judgment their liability was limited to and satisfied by their policy with State Farm.

Various expert witness fees were also awarded, and all incidental demands which had been filed were dismissed.

In appealing these judgments, the City of Thibodaux and its insurer, National Fire and Marine Insurance Company, contend that the trial court erred in holding that the absence of the stop sign was a legal cause of the accident and that the City had a reasonable opportunity to erect the stop sign. The City and its insurer also claim that the trial court erred in failing to find contributory negligence on the part of Donald Walther and Vickie A. James, and in limiting the liability of the Mathernes to their policy limits.

Donald P. Walther and Kathryn Lawes both appealed, contending that the trial judge was in error in failing to render judgment against Vickie James. Plaintiff, Vickie A. James, also took an appeal in the suit in which she was a plaintiff, seeking an increase in damages.

LIABILITY OF THE CITY

In his written reasons for judgment the trial judge said:

"Regarding the liability of the City, the preponderance of the evidence establishes as fact:
"1) that the stop sign controlling traffic for the southbound lane of Ridgefield Road was missing at the time of the accident,

*1203 2) that its absence had been called to the City's attention on at least two occasions prior to the accident,

3) that the City had a reasonable time after such notice to replace the sign, and,
4) that the absence of the stop sign created a very deceptive and dangerous situation.
Evidence further showed that Ridgefield Road is the favored thoroughfare over all other intersecting streets until it reaches the intersection with Plantation Road and, that when the stop sign is in place the danger of someone failing to stop for the flashing red light is substantially reduced. The Court therefore finds that there was a direct relationship between the accident and the absence of the stop sign and that the City's failure to replace the stop sign was a substantial factor without which the accident would not have occurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marshall v. Beno Truck Equipment, Inc.
481 So. 2d 1022 (Louisiana Court of Appeal, 1986)
Pierrotti v. Associated Indem. Corp.
399 So. 2d 679 (Louisiana Court of Appeal, 1981)
Hebert v. Ordoyne
388 So. 2d 407 (Louisiana Court of Appeal, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
387 So. 2d 1200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawes-v-state-farm-mut-auto-ins-co-lactapp-1980.