Louisiana Power & Light Co. v. Doussan Inc.

235 So. 2d 122, 1970 La. App. LEXIS 5341
CourtLouisiana Court of Appeal
DecidedMay 4, 1970
DocketNos. 3944, 3945
StatusPublished
Cited by4 cases

This text of 235 So. 2d 122 (Louisiana Power & Light Co. v. Doussan 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
Louisiana Power & Light Co. v. Doussan Inc., 235 So. 2d 122, 1970 La. App. LEXIS 5341 (La. Ct. App. 1970).

Opinion

CHASEZ, Judge.

The accident which gave rise to this litigation occurred on Friday, June 30, 1967 at approximately 6:00 P.M. in a semi-rural area of St. Bernard Parish. The vehicles involved were a 1967 Plymouth operated by Warren J. Thibodeaux, owned by Dous-san Incorporated, (Doussan herein) and insured for both liability and collision by Zurich Insurance Company. The other vehicle was a 1954 Chevrolet, owned and operated by William Cramer, and was apparently uninsured.

The accident occurred as the Cramer vehicle attempted to make a left turn off of the highway and was struck by the Dous-san vehicle being driven by Thibodeaux, while in the scope of his employment, and who was in the process of making a passing maneuver. A third car being driven by a witness, Luwisch, was between the Cramer vehicle and the Thibodeaux vehicle. In other words, Thibodeaux was attempting to pass both vehicles when he struck the Cramer vehicle in the left rear door and fender area as the Cramer vehicle was turning left off the highway.

The impact of the Thibodeaux vehicle with the Cramer vehicle propelled the latter into a fence which surrounded a Louisiana Power & Light Company substation.

On April 9, 1968 Louisiana Power & Light Company filed suit against Doussan Incorporated, Warren J. Thibodeaux (Doussan’s driver) and Zurich Insurance Company and also against William Cramer for property damage to its fence in the amount of $146.85.

On May 2, 1968 Doussan Incorporated, Warren J. Thibodeaux, and Zurich Insurance Company answered Louisiana Power & Light Company’s petition denying liability and as third party plaintiff joined William Cramer as a third party defendant and prayed that in the event they were cast in judgment in the main demand then William Cramer as third party defendant be cast in judgment for one-half the amount awarded plaintiff, Louisiana Power & Light Company.

On May 2, 1968 Doussan Incorporated and Zurich Insurance Company filed a petition naming William Cramer as defendant and prayed for property damages in the amount of $509.79, allegedly the damages incurred by the Doussan vehicle which Thibodeaux was driving.

On May 9, 1968 Cramer answered the petition of Doussan Incorporated and Zurich Insurance Company denying liability and also filed a reconventional demand against Doussan Incorporated and Zurich Insurance Company for personal injuries and property damage to his vehicle in the amount of $17,450.00 which damages were allegedly sustained as a result of the accident in question.

On May 13, 1968 Cramer answered Louisiana Power & Light Company’s petition denying liability. Cramer also an[124]*124swered Doussan Incorporated, Thibodeaux and Zurich Insurance Company’s third party demand denying liability and reurged his reconventional demand of May 9, 1968 praying for judgment against Doussan Incorporated, Warren J. Thibodeaux and Zurich Insurance Company, jointly and in so-lido, for the sum of $17,450.00.

On May 20, 1968 Doussan Incorporated, Warren J. Thibodeaux and Zurich Insurance Company answered the reconventional demands of May 9th and May 13th filed by Cramer and prayed for their dismissal.

By motion of counsel the cases were consolidated and heard together in the 25th Judicial District Court for the Parish of St. Bernard.

After a hearing on the merits judgments were rendered in the following manner. There was a judgment in favor of plaintiff, Louisiana Power & Light Company and against the defendants, Doussan Incorporated, Warren J. Thibodeaux and Zurich Insurance Company, jointly and in solido, for property damages to its fence in the amount of $146.85 with legal interest from date of judicial demand and for all costs. The demand of plaintiff, Louisiana Power & Light Company as against William Cra-mer was dismissed.

The third party demand of Doussan Incorporated, Warren J. Thibodeaux and Zurich Insurance Company against William Cramer for one-half of any amount it was held to be liable to Louisiana Power & Light Company, was dismissed. The demand of Doussan Incorporated and Zurich Insurance Company as plaintiffs and defendants in reconvention against William Cramer for property damages to the Dous-san Incorporated vehicle was dismissed. There was judgment in favor of William Cramer as defendant and plaintiff in re-convention against Doussan Incorporated and Zurich Insurance Company as defendants in reconvention, jointly and in solido, in the sum of $1,317.00, with legal interest from date of judicial demand and for all costs.

The substantive result of the trial court’s judgment is that the driver of the Doussan Incorporated vehicle (Thibodeaux) was held to have been negligent and that his negligence was the cause of the accident. William Cramer, the left-turning motorist, was completely exonorated from any negligence.

Doussan Incorporated, Warren J. Thibo-deaux and Zurich Insurance Company (appellants) have appealed and take the position that the award in favor of Louisiana Power & Light Company should be against Cramer alone, or, in the alternative, that he should be cast as a joint tort-feasor. They further contend that Doussan Incorporated and Zurich Insurance Company should be awarded property damages against Cramer and that Cramer’s recon-ventional demands against them should be dismissed.

Appellants basis for these contentions is that William Cramer executed an improper left turn in violation of statutory and jurisprudential requirements and was therefore negligent, which negligence was the proximate cause of the accident.

There has been no appeal as to the issue of quantum. Therefore the judgment of this court will be with reference to liability only.

As was previously stated the accident occurred when William Cramer attempted to turn left off of the highway into a power substation driveway in order to turn around because he had missed his left turn some distance back. As he executed his left turn his vehicle was struck by one being driven by Thibodeaux who was attempting to pass the Cramer vehicle as well as the Luwisch vehicle.

The law is unquestionable that before a driver may make a left turn off of a highway he must initially ascertain by careful observation that the maneuver can be executed safely without danger to normal overtaking traffic and must yield right-of-way to such traffic. Credeur v. [125]*125American Employees Liability Ins. Co., La. App., 220 So.2d 114 (3rd Cir. 1969). The burden rests heavily on the motorist who desires to make a left turn to explain how the accident occurred and to show that he was free from negligence. U. S. Fidelity & Guaranty Co. v. Bergeron, La.App., 148 So.2d 162 (1st Cir. 1962); Bouwell v. Marquette Casualty Company, La.App., 125 So.2d 168 (4th Cir. 1960).

Mr. Cramer testified that he gave a signal before he turned. Mr. Luwisch immediately behind Cramer testified that he saw Cramer’s brake lights but did not remember seeing any signal, either mechanical or by arm. Mr. Thibodeaux testified that Mr. Cramer gave no signal. Conceding that a signal was given, Mr. Cramer was not exonerated at that point. It was still his obligation to ascertain whether the turn could be made safely or not. In Ruple v. Travelers Indemnity Co., La.App., 129 So.2d 240, the court stated:

“The onerous burden placed upon a left turning motorist is not discharged by the mere signaling of an intention to turn.

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Bluebook (online)
235 So. 2d 122, 1970 La. App. LEXIS 5341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-power-light-co-v-doussan-inc-lactapp-1970.