Martin v. Bruchhaus

74 So. 2d 316, 1954 La. App. LEXIS 846
CourtLouisiana Court of Appeal
DecidedMay 31, 1954
Docket3850
StatusPublished
Cited by8 cases

This text of 74 So. 2d 316 (Martin v. Bruchhaus) 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
Martin v. Bruchhaus, 74 So. 2d 316, 1954 La. App. LEXIS 846 (La. Ct. App. 1954).

Opinion

74 So.2d 316 (1954)

MARTIN
v.
BRUCHHAUS.

No. 3850.

Court of Appeal of Louisiana, First Circuit.

May 31, 1954.
Rehearing Denied September 15, 1954.

Louis D. Curet, Baton Rouge, for appellant.

Percy C. Smith and Herschel N. Knight, Jennings, for appellee.

CAVANAUGH, Judge.

Plaintiff appeals from a judgment in his favor in the sum of $1,200 for damages awarded him for physical pain and suffering, inconvenience and discomfort, and mental pain, anguish and embarrassment as a result of injuries he alleges were suffered by him in an automobile collision occurring at the intersection of Highway 190 and the Barnsdall Road in the Parish of Jefferson Davis just east of the Town of Elton on May 10, 1951. Plaintiff is the Sheriff of West Feliciana Parish, and was a passenger in a Buick automobile owned by the Sheriff's Department of that Parish which, at the time of the accident, was being driven by Sam D'Amico, an attorney at law of Baton Rouge, when it was involved in an accident with a small Chevrolet truck owned and operated by the defendant.

The petition alleges and the evidence shows that the defendant made a left turn in front of the Buick automobile in which the plaintiff was a passenger, causing the driver of the Buick automobile to have to swerve to the left and go off the highway striking a culvert in order to avoid striking defendant's truck. Both vehicles just prior to the accident were travelling east.

The defendant, after pleading a general denial, charged the driver of the Buick automobile with affirmative acts of negligence in driving at an excessive rate of speed, not having his car under control, not remaining *317 on the right side of the highway and applying his brakes too suddenly and forcefully, but did not plead contributory negligence on the part of plaintiff.

The appellant here has asked an increase of the quantum because he feels that the amount awarded by the Lower Court is grossly inadequate and the defendant has answered the appeal contending that the accident was caused by the negligence of the driver of the Buick automobile and that no damages should have been awarded at all, but that if damages were awarded, the judgment should not exceed $500.

The Trial Judge has furnished us with a written opinion in which the evidence has been fully analyzed and the law applicable thereto correctly applied, except as to quantum, as follows:

"This is a suit by Sheriff T. H. Martin of West Feliciana Parish against Mr. Fred Bruchhaus of Jefferson Davis Parish for damages for personal injuries resulting from an accident which occurred on or about May 10, 1951, at the intersection of U. S. Highway 190 and the Barnsdall Road located in the extreme northeast corner of Jefferson Davis Parish, Louisiana. At the time of the accident Sheriff Martin was a passenger in a 1951 Buick Sedan being driven by Mr. Sam J. D'Amico, an attorney from Baton Rouge, Louisiana.

"Petitioner avers that at approximately 6:45 p. m. on or about May 10, 1951, he and Sam J. D'Amico were driving East on U. S. Highway 190 with petitioner a passenger riding on the right front seat; that as the Buick automobile driven by Sam D'Amico approached a point on U. S. Highway 190 where it is intersected by the Barnsdall Road in the Parish of Jefferson Davis, a 1950 Chevrolet truck owned and operated by Mr. Fred Bruchhaus and which had been in a stopped position off the highway on the right or south shoulder, started from a parked position and moved into the highway directly in front of the Buick automobile in a northerly direction; that the emergency created by the negligent action of the defendant in moving into the highway immediately in front of the Buick automobile's path made it necessary for the driver of the Buick automobile to swerve to the left and apply his brakes in order to avoid a collision; that as the driver of the Buick automobile swerved to the left and into the left lane of traffic, defendant was proceeding across the highway in a northerly direction and onto the Barnsdall road; that in order to avoid a collision with the Chevrolet truck, the driver of the Buick automobile was forced to steer the Buick still further to the left and onto the left shoulder and into a ditch, whereupon the Buick automobile struck a concrete culvert with considerable force; that at no time did the driver of the Chevrolet truck give any signal or indicate in any way that he was going to move onto the highway or move across the highway directly in the path of on-coming traffic, nor was there any reason to suspect that he was going to do so; that as a result of the accident, petitioner sustained a severe blow to his face and mouth which blow caused the loss of four front teeth; that as a result of the collision petitioner suffered damages as follows:

"A.  Physical pain and suffering,
     inconvenience and discomfort    $5,000.00
"B.  Mental pain and anguish,
     embarrassment                    5,000.00
                                     _________
                                    $10,000.00

"Petitioner alleges that the sole and proximate cause of the said collision was due to the negligence of defendant.

"The defendant admits the occurrence of the accident. However, he denies all the material allegations of the petition and alleges that the accident was due solely to the negligence of plaintiff. His answer alleges that he did hold out his hand, giving a signal that he was about to make a left turn into the Barnsdall road; that when he started making said turn, the Buick automobile was a long distance off and defendant had ample time to make the left turn; that, however, the Buick car was being driven at a rate of speed far greater than is permitted by law, and *318 did approach the Barnsdall Road more quickly than defendant had anticipated, because defendant did not anticipate that the car was approaching at a speed in excess of 80 miles per hour, but even so, if the driver of said Buick automobile had not become panicky and had remained on his side of the road, even traveling at such excessive speed, there would have been no accident; that defendant had driven his truck into the Barnsdall road, clear of Highway 190, when the Buick automobile swerved to the left or north shoulder of the highway; that there was no necessity for the driver of the Buick automobile to swerve to the left and into the left lane of traffic, or into the left or north shoulder of the highway, or into a ditch.

"As is usual in proceedings of this nature the evidence is conflicting and irreconcilable. However, it is agreed that it was daylight and the weather was good at the time of the accident.

"At the outset it should be pointed out that there has been no question raised as to contributory negligence. Defendant did not plead it in the pleadings, nor did he urge it in his brief. Therefore, it is not necessary to consider any question of contributory negligence. French v. T. S. C. Motor Freight Lines, La.App., 39 So.2d 363. Oliphant v. Town of Lake Providence, La.App., 193 So. 516. However, each party has plead that the accident was entirely due to the negligence of the other party, and we must therefore consider the evidence.

"During the course of the trial several objections were made to the admissibility of evidence. The court in some instances reserved its ruling and permitted the evidence to go in subject to a later ruling. Since neither party furnished authorities in connection with their respective objections, the objections are hereby overruled except insofar as such evidence may be considered as enlarging the pleadings.

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Cite This Page — Counsel Stack

Bluebook (online)
74 So. 2d 316, 1954 La. App. LEXIS 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-bruchhaus-lactapp-1954.