Le Jeune v. U. S. Fidelity & Guaranty Co.

105 So. 2d 327, 1958 La. App. LEXIS 643
CourtLouisiana Court of Appeal
DecidedJune 30, 1958
DocketNo. 4650
StatusPublished
Cited by7 cases

This text of 105 So. 2d 327 (Le Jeune v. U. S. Fidelity & Guaranty 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
Le Jeune v. U. S. Fidelity & Guaranty Co., 105 So. 2d 327, 1958 La. App. LEXIS 643 (La. Ct. App. 1958).

Opinion

LOTTINGER, Judge.

This is a suit for personal injuries and property damages resulting from a four-vehicle collision which occurred on Airline Highway near the intersection of Greenwell Springs Road, Baton Rouge, Louisian?. The petitioners are Johnece Lee Lejeune, who was driving one of the vehicles, and her husband, Noel F. Lejeune, Jr., who sues for medical bills and property damages to his automobile. The defendants are U. S. [328]*328Fidelity and Guaranty Company, the insurer of a Studebaker pickup truck driven by Donald Willie Cowart, Delta Fire and Casualty Company, the insurer of an automobile driven by Howard J. Helmke, Robert E. Wall, the employer of Duane Portero, who was driving a Dodge pickup truck, and his insurer, North River Insurance Company. Cowart, Helmke and Portero were the drivers of the other three vehicles which were involved in the accident. The Lower Court awarded judgment in favor of the defendants and dismissed the suit. Petitioners have appealed.

The record shows that the accident occurred on May 8, 1956 at about 4:20 o’clock p. m. All of the parties involved were proceeding in a northerly direction on the Airline Highway in Baton Rouge, Louisiana, in the vicinity of the intersection of the Airline Highway with Greenwell Springs Road. The Airline Highway is a four-laned thoroughfare, two lanes for traveling northerly and two lanes for traveling southerly, the northerly and southerly lanes being separated by a neutral ground. Greenwell Springs Road is a heavily traveled highway, running generally East and West and the intersection is a highly traveled one.

Immediately prior to the accident, petitioner, Mrs. Lejeune, was driving a Ford automobile on the Airline Highway in a northerly direction. She was in the left lane of traffic moving north. Following her in á northerly direction and in the left lane was a Studebaker pickup truck operated by Donald W. Cowart, following Cow-art was a Dodge pickup truck operated by Duane Portero, and following Portero at some distance was a Buick automobile operated by Howard J. I-Ielmke. Upon approaching the intersection with Green-well Springs Road, which intersection is controlled by a traffic light, the traffic headed northerly on the Airline Highway stopped for a red light. The petitioner was the lead car in the left hand lane, and both the Studebaker operated by Cowart. and the Dodge operated by Portero were stopped, in that order, immediately behind her. As the traffic signal turned green, the Buick automobile operated by Mr. Helmke was approaching at a distance of about one city block behind the Dodge pickup truck operated by Portero.

As the light turned green, the petitioner’s vehicle, as well as the Studebaker and Dodge pickup trucks, commenced moving at a slow rate of speed. The petitioner testified that she intended to make a left turn into a cutoff which runs from the northbound lanes across the neutral ground into the southbound lanes, purchase a newspaper from a newsboy who was standing on the neutral ground, and then continue the left turn so as to proceed to her mother’s home. Prior to the execution of this left turn, and while petitioner was either going at about five miles per hour or was stopped, a four-way collision occurred in which the Studebaker hit the Ford, the Dodge hit the Studebaker, and the Buick hit the Dodge.

The petitioner testified that she started from the green light at a very slow rate of speed which she estimated at about five miles per hour. After proceeding a short distance, some one hundred forty (140') feet, she turned on her left turn indicator and put out her left hand so as to signal for a left turn into the crossway. At about this time, and while she claims that she was still moving at a speed of five miles per hour, she was hit in the rear by the Studebaker pickup truck operated by Donald Cowart. The petitioner’s car stopped within a very short distance with its left front wheels against the curbing. Petitioner testified that she called the City Police, and that, after the investigation, she drove her car away from the scene of the accident.

Donald Cowart, who was driving the Studebaker pickup truck, testified that he was 19 years of age and stopped for the red light at a distance of about one car length behind the Ford operated by petitioner. After petitioner started on the green light, Cowart testified that he fol[329]*329lowed her and had come to a speed of approximately eight or ten miles per hour in second gear when the brake lights on the Ford came on. He testified that he immediately applied his brakes and was almost stopped when he was hit in the rear by the Dodge pickup truck operated by Portero. Cowart testified that he would have stopped without hitting the Ford if the Dodge had not hit his truck and shoved it into the Ford. It was stipulated that Cowart was within the scope of his employment at the time, of the accident.

Duane Portero, who was driving the Dodge pickup truck, testified that he was 24 years old and stopped for the red light in the rear of the Studebaker truck. He testified that he started off following the Studebaker when the light turned green and that when he passed under the signal light he was at a distance of twenty to thirty feet in the rear of the Studebaker. While he was passing under the light, he heard tires squealing and a crash and immediately applied his brakes. Portero claims that he stopped without hitting the Studebaker, but that after he had come to a complete stop, he was hit in the rear by the Buick which shoved him into the Studebaker. When he was hit by the Buick, Portero claims that he was approximately five (5') feet to the rear of the Studebaker truck. The Dodge pickup truck could not be operated after the accident and it was towed away from the scene.

Howard J. Helmke, who was driving the Buick automobile, testified that he was going forty-five miles per hour and was two blocks away from the intersection when he noticed the cars stopped for the red light. He released his foot from the accelerator and slowed down, and the light changed when he was approximately 150 to 200 feet away from the intersection, at which time he was going about thirty miles per hour. He testified that as he passed under the green light, he was about three car lengths behind the Dodge and traveling at a speed of about twenty-five miles per hour. Suddenly he saw the Dodge truck dip a little bit and saw dust fly and he immediately applied his brakes. He slid into the rear bumper of the Dodge, but testified that he could have stopped in about an additional five feet. Mr. Plelmke testified that the front end of his Buick was not really damaged. He stated that there were little impressions on the two knobs on each end of the bumper and a scratch on the bottom end of the bumper where the trailer hitch slipped under it.

The investigating officer testified as to the scene of the accident, although of course he was unable to give the sequence of the impacts. His testimony shows that there were six feet of skid marks left by the Studebaker, five feet of skid marks behind the Dodge and fifteen feet of skid marks behind the Buick. The Ford traveled six feet from the point of collision. The Ford came to rest at a distance of six feet in front of the Studebaker, and the Studebaker, Dodge and Buick came to rest against one another in that order. We can assume from his testimony that there were no skid marks made by the Ford.

Mr. John B. Alexander was an eye-witness to the accidents. He testified that he was in the left lane proceeding southerly at a distance of approximately twelve feet diagonally ahead of the Ford when the accident happened.

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Cite This Page — Counsel Stack

Bluebook (online)
105 So. 2d 327, 1958 La. App. LEXIS 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/le-jeune-v-u-s-fidelity-guaranty-co-lactapp-1958.