LeDay v. New York Fire & Marine Underwriters, Inc.

203 So. 2d 562, 1967 La. App. LEXIS 5072
CourtLouisiana Court of Appeal
DecidedOctober 26, 1967
DocketNo. 2100
StatusPublished
Cited by7 cases

This text of 203 So. 2d 562 (LeDay v. New York Fire & Marine Underwriters, Inc.) 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
LeDay v. New York Fire & Marine Underwriters, Inc., 203 So. 2d 562, 1967 La. App. LEXIS 5072 (La. Ct. App. 1967).

Opinion

CULPEPPER, Judge.

This is a companion suit to Lovenia Wilson, Individually and as Natural Tutrix for the Minor, Gallow v. New York Fire & Marine Underwriters, Inc. and Thompson, La.App., 203 So.2d 566, and Thomas v. New York Fire & Marine Underwriters, Inc. and Thompson, La.App., 203 So.2d 566, in which separate judgments are being rendered by us this date. They are three suits for damages for personal injuries arising out of the same two-car collision.

The injured parties were passengers in an automobile driven by Clifton Anderson, Jr. (Not a party defendant.) The other vehicle was driven by Robert Thompson, Jr., the minor son of the defendant, Dr. Robert B. Thompson, who is insured by the defendant, New York Fire & Marine Underwriters, Inc.1 From an adverse judgment the plaintiffs have appealed.

The substantial issue on appeal is whether young Thompson was negligent in making a left turn at the intersection where he was struck by the approaching vehicle driven by Anderson. Thompson contends the sole cause of the accident was Anderson’s deficient lookout and highly excessive speed; that this speed caused Thompson to misjudge the time he had to complete his left turn; and that if Anderson had been traveling at the legal speed limit of 30 miles per hour, Thompson would have had ample time to complete this left turn in safety. Easter v. Davis, La.App., 153 So.2d 463.

The scene of the collision is the intersection of Main Street, which runs east and west, with Chataignier Street, which runs north and south in the city of Ville Platte. Main Street has two traffic lanes, one east bound and the other west bound, plus a parking lane on each side. Traffic at the intersection is controlled by a signal light.

The accident occurred on Christmas night, December 25, 1965 at about 8:30 p. m. The Anderson automobile was proceeding in a westerly direction along Main Street toward the intersection. The testimony of Anderson and his passengers is generally to the effect that they had been going about 30 miles per hour and had slowed to 15 miles per hour for the traffic light, which was red; as they neared the intersection, the light turned green and they accelerated to about 30 miles per hour; when they reached a point approximately 30 feet from the intersection they saw for the first time the Thompson truck approaching at a speed of 30 to 35 miles per hour; it did not stop but made a left turn directly in front of them; Anderson hit his brakes, but was unable to avoid a collision.

Young Thompson was proceeding in an easterly direction on Main Street, intending to turn left at the intersection. He testified that he stopped for the traffic light which was red; when the light changed to green, he saw the approaching Anderson vehicle approximately 150 yards (450 feet) ahead and about in front of B. J. Fontenot’s Store; he judged that he had ample time to make a safe left turn onto Chataignier Street and hence started this maneuver; he had travelled a distance of about 30 feet and straightened out, with only about three feet of the rear portion of his truck remaining in the westbound traffic lane, when the right rear of his truck was struck a glancing blow by the right front fender of the Anderson automobile. He estimated the speed of the Anderson vehicle at 60 to 65 miles per hour.

[564]*564The trial judge found that the sole cause of the accident was the excessive speed of the Anderson automobile. He states in his reasons for judgment:

“The law as such does not prohibit left turns if they are made under safety circumstances. In this case the evidence reveals that this young man had stopped for a red light and as the light turned green he noticed this other car coming from 150 yards away and decided that he had ample time to turn. The evidence further reveals that if the driver of this automobile, Clifton Anderson, .Jr., had not been driving at an excessive rate of speed there would have been no accident.
“In other words, because the credibility of the plaintiffs and the driver has been impugned the Court has not considered their testimony as worthy of belief with regard to the accident itself. Therefore, the Court is of the opinion that the sole and proximate cause of this accident was the negligence of Clifton Anderson, Jr. in driving at an excessive rate of speed under the circumstances.”

After carefully reviewing the record, it is our conclusion that the evidence does not support the finding of excessive speed on the part .of Anderson. The only evidence to this effect is the testimony of young Thompson that the Anderson automobile was traveling 60 to 65 miles per hour. Such an estimate could possibly be reconciled with the other facts if the Anderson automobile had actually been 150 yards (450 feet) from the intersection at the time young Thompson started his left turn. But the evidence shows conclusively that this distance was not 150 yards, but, instead, was 150 to 175 feet.

Thompson said the Anderson automobile was in front of B. J. Fontenot’s Store when he started his left turn. To the same effect is the testimony of an independent witness, Carroll Prudhomme, and his passenger, Brenda Ortego, who were in a car immediately behind Thompson, and who also said that when Thompson started his left turn the Anderson vehicle was approximately in front of B. J. Fontenot’s Store. However, these two independent witnesses estimated the distance to Fontenot’s Store at 150 to 175 feet. Prudhomme actually went to the scene the morning of the trial and stepped off the distance between the intersection and Fontenot’s Store and found it to be 67 steps, which at his estimate of two and one-half feet for each of his steps, would be 1651/2 feet. It is noted, that both of these are defendants’ own witnesses.

In their original brief filed on appeal counsel for defendants actually admit that when young Thompson started his left turn the Anderson vehicle was 150 to 175 feet from the intersection, not 150 yards (450 feet). This brief states:

“Bobby Thompson, Jr., the driver of the truck, estimated that this distance was about 450 feet, however Carol Prud-homme, on the day of the trial, actually stepped off this distance and found it to be 67 steps, or a distance of approximately 150 to 175 feet. (Tr. 342).
“Under the aforesaid circumstances, the sole question presented to this Court at this time is: Is it negligence or contributory negligence for a vehicle parked at a red light to make a left hand turn in front of an oncoming vehicle which is 150 to 175 feet feet away at the time that the left turning vehicle begins its turn?”

Now let us consider Thompson’s contention that if Anderson had been traveling at the legal speed of 30 miles per hour, Thompson could have completed his turn in safety. At 30 miles per hour, a car travels 44 feet per second and would traverse the approximately 165 feet in question in 3.7 seconds. It is obvious that the left turn could not have been completed safely in 3.7 seconds. Actually, young Thompson testified that it took 15, 16 or 17 seconds to make his left turn. Can oil Prudhomme estimated that it took Thompson 5 or 6 or maybe 10 seconds. The distance required [565]*565to complete the turn was about 30 feet. Thus, using any of these estimates as to the time required to make the left turn in question, it is obvious that there was not sufficient time, even assuming that Anderson was proceeding at the legal speed limit of 30 miles per hour.

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Bluebook (online)
203 So. 2d 562, 1967 La. App. LEXIS 5072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leday-v-new-york-fire-marine-underwriters-inc-lactapp-1967.