Lewis v. Toledo National Insurance Co.

393 So. 2d 362, 1980 La. App. LEXIS 4883
Louisiana Court of Appeal·Decided December 15, 1980·No. No. 13509·Published·Cited by 1 cases

Opinion

LEAR, Judge.

This matter is before us on remand from the Supreme Court to articulate the factual conclusions and evidentiary basis for our prior decision affirming the judgment of the trial court.

This cause arose out of a two car collision on Highway 51 in the Parish of Tangipahoa. Appellant, Ray H. Lewis, filed suit in tort against defendants, Elias Sandel, Jimmy Hammer and Troy E. Sandel and his uninsured motorist carrier, Toledo National Insurance Company. In his suit, he alleged that these defendants were liable in solido to redress plaintiff’s damages.

Plaintiff alleged that defendants Troy Sandel and Jimmy Hammer had created a dangerous situation on the roadway when, after their cars collided and obstructed passage by other cars upon the highway, they failed to give warning to other motorists of the danger created thereby. Defendant Elias Sandel was sued as owner of the vehicle.

At the trial of the case, Toledo National Insurance Company (whose name was later changed to Credit General Insurance Company) filed an answer and third party demand, naming Hammer and the Sandels as defendants.

The only testimony offered by plaintiff on the issue of liability was his own. He testified in substance that he was proceeding north on Highway 51 between 11:00 and 11:30 p. m. when he encountered an oncoming vehicle whose driver asked “. . . for his light .. . . ” By his testimony, Lewis interpreted the blinking lights on the other vehicle as a request that he dim his own, with which he complied. He also stated that he slowed his vehicle:

“Q. You dimmed your lights?
A. I dimmed my lights. I was creeping along there, so I got right up on this other car cross ways the road on me, and so when I put on my brakes I pulled my brakes and my car kind of slid . . . and so when I did there when my car hit the other car and my chest hit against the steering wheel . . . and my head went through the steering wheel. It knocked me out. I stayed in the car a little while, then I got out and staggered to the other car and I looked. I didn’t see nobody, and wasn’t no lights on.
Q. Did anybody say anything to you?
A. Nobody said nothing to me.
Q. What did you do?
A. I staggered back to the car and I looked, and I went back to the car and stood up on side of the car shaking my head, and I got back

[364]*364Defendants’ version of the incident was materially different. Troy Sandel testified, and his testimony was corroborated by that of his sister, Cynthia Sandel, who was a passenger in his car.

In substance, their testimony was to the effect that they too were proceeding north when they were confronted by a sudden emergency. A southbound vehicle being driven by Jimmy Hammer was forced into their lane while attempting to avoid hitting a vehicle in front of them. When this happened, the southbound vehicle ended up in defendants’ lane of travel, causing a collision involving defendants’ car and that of Jimmy Hammer. Shortly after this collision, plaintiff proceeded northbound until he was confronted by this situation on the roadway. Troy Sandel testified as follows:

“[BY MR. PALMER:]
Q. You have heard the testimony of Mr. Ray Lewis as to what he saw and did on the night of the accident, could you state in your own words what happened that night?
[TROY SANDEL:]
A. What happened is I was . . me and my sister . . were coming from Hammond, and we had passed through Independence. This was South of Amite .. Iam not sure exactly how far South. There was a light rain. I was driving about 48 miles per hour, and a car changed lanes ahead of me .. it had been going South .. a car in front of him slowed down, he put on his brakes real quick, and spun around and landed in my lane, so that’s how the original collision happened. We were there in that position, with the two cars more or less joined together, blocking the northbound lane. The southbound lane was open, and...
BY MR. PALMER:
Q. At this point I would like to interject one question. There has been testimony by Mr. Lewis that a car came by and asked him to dim his lights . . in other words blinked . . right before the collision. Do you have any recollection of a car coming and blinking?
BY THE COURT: Strike the editorialization of the question when another car coming asked the other vehicle to blink his lights.
BY MR. PALMER: Your Honor I was quoting from him. He said he asked me ..
BY THE COURT: Proceed.
WITNESS:
A. I don’t remember seeing any other car. What we did at the time his car came, both cars had their blinkers on ... we had put our safety blinkers on . . my sister was sitting in my car, which was actually owned by my brother .. was sitting in my car holding the flasher on, so the flashers were on, and in addition we had a door open ... I don’t remember which one, but the lights were on inside the car, and it was a white car . . and then as the car got closer I stood in front and waved ....
BY MR. O’BRIEN: Excuse me. What car sir?
A. Mr. Lewis’ car . . . got closer to the scene where the original collision had taken place, I stood in front of the car and waved until I realized that I was going to die if I didn’t move, so I moved out of the way and I saw inside our care (sic) . . which was lit up .. I saw the ear at the time it was hit, and it was still lit up inside then.
BY MR. PALMER:
Q. Were the doors open on your car . . . I didn’t catch that?
A. At least one was, because the inside of our car was lit. I could see clearly inside.
Q. What color was your car?
A. White.
Q. How much time had elapsed, had anyone else taken notice of this accident before Mr. Lewis came on the scene?
[365]*365A. At least I think ... I don’t remember too well, but I think there were at least a couple of cars had stopped by then, and someone had gone to call the police . .. not as many ass later stopped, but ...
Q. Did they have their lights on, or do you remember?
A. I don’t really remember. I think some of them may have already started trying to driect (sic) traffic and use flashlights and things. I know I didn’t have a flashlight, I was just out in front of the car waving.
Q. You said you would die if yoü didn’t get out of the way and you jumped to the side of the road, and what happened?
A. I jumped off to the shoulder and looked back, and then I saw Mr. Lewis’ car hit ours with my sister inside . .. and more or less crumpled the thing up like a piece of waste paper. It was a pretty hard lick.
Q. Then what did Mr. Lewis do?
A. He got out and looked at the car, and then ...
Q.

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Lewis v. Toledo National Insurance Co., 393 So. 2d 362, 1980 La. App. LEXIS 4883 (La. Ct. App. 1980).

393 So. 2d 362 (Lewis v. Toledo National Insurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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