McDonald v. Scotlandville Fire Protection District Commission

222 So. 2d 324, 1969 La. App. LEXIS 5001
CourtLouisiana Court of Appeal
DecidedApril 14, 1969
DocketNos. 7631, 7632
StatusPublished
Cited by5 cases

This text of 222 So. 2d 324 (McDonald v. Scotlandville Fire Protection District Commission) 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
McDonald v. Scotlandville Fire Protection District Commission, 222 So. 2d 324, 1969 La. App. LEXIS 5001 (La. Ct. App. 1969).

Opinion

LANDRY, Judge.

These consolidated cases arise from an intersectional collision between a left turning, southbound fire engine truck owned by defendant Scotlandville Fire Protection District Commission (Commission), being driven by the Commission’s employee, Donald Petrere, and a northbound Cadillac automobile owned and being driven by plaintiff Moses McDonald, the insured of plaintiff Service Casualty Company of New York (Service Casualty). The impact in question occurred at approximately 1:30 P. M., April 1, 1966, at the juncture of Scenic Highway (a four-lane north-south roadway) and 73rd Street, Baton Rouge, Louisiana. These intersection roadways form a “T-intersection”, in that 73rd Street runs easterly from Scenic Highway but does not extend westerly therefrom.

The trial court rendered judgment in favor of plaintiff McDonald against defendants Petrere and Commission in the sum of $22,500.00 for personal injuries and $3,-515.89 special damages. Plaintiff, Service Casualty, was granted judgment against both defendants in the amount of $3,910.00 pursuant to the subrogation of McDonald’s claim for damages to his automobile'.

Defendants have appealed contending (1) the trial court erroneously held Petrere liable for the accident (2) alternatively, failing to find McDonald guilty of contributory negligence barring his recovery as well as that of Service Casualty; (3) in the further alternative, failing to deny plaintiff’s recovery on the ground McDonald had the last clear chance to avoid the accident, and (4) in the final alternative, awarding plaintiff McDonald excessive recovery for personal injuries. Plaintiff McDonald has answered the appeal praying for an award for loss of earning capacity which was rejected by the court below.

We find the trial court correctly determined all issues raised by the parties to this litigation. Accordingly, we affirm the decision rendered below.

At the scene of the accident a neutral ground approximately 15 feet in width separates the northbound and southbound lanes of Scenic Highway; a break or gap there[326]*326in permits southbound motorists to turn left onto 73rd Street. Petrere, proceeding southerly in the inside southbound lane of Scenic Highway, stopped the fire engine completely within the neutral ground preparatory to making his intended left turn. Simultaneously, McDonald was traveling northerly in the outside northbound lane of Scenic Highway, at a speed of approximately 40 miles per hour, the legal maximum being 45 miles per hour. The impact occurred in the approximate center of the outside northbound lane of Scenic Highway, at which point the front of McDonald’s automobile struck the fire engine in the vicinity of its right door. The fire engine came to rest with its front wheels on the east curb line of Scenic Highway. McDonald’s vehicle left 42 feet of skid marks preceding the point of impact and came to rest virtually astride the center line of the two northbound lanes of Scenic Highway. There is no traffic signal at 73rd Street. One block to the south, however, the intersection of Scenic Highway and 72nd Street is controlled by an electric semaphore signal.

The gist of McDonald’s testimony is that he was proceeding along Scenic at a speed of approximately 40 miles per hour. At about the time he cleared the light at 72nd Street, he noted the fire engine pull into the neutral ground area and stop, its red light flashing. McDonald stated further that he continued his northerly travel until he observed the fire truck commence its left turn whereupon he immediately applied his brakes full force in a vain attempt to avoid a collision. He denied his attention was at any time diverted from the roadway.

Petrere’s testimony is to the effect he was returning to the fire station after having answered a call. He was in no particular hurry. As he approached 73rd Street traveling in the inside southbound lane, he came to a halt with his vehicle completely within the neutral ground area. His flashing red light was in operation but he was not sounding his siren. Petrere also stated he looked to the south and observed McDonald’s vehicle in the vicinity of the traffic light at 72nd Street and felt certain he had ample time to negotiate his intended left turn in complete safety. Consequently, he proceeded to turn, keeping his sight constantly on the oncoming McDonald car. As McDonald neared the intersection, Pe-trere noted McDonald was looking down at the seat of his vehicle as though fumbling with some object. According to Petrere, the McDonald vehicle appeared to be without a driver and he observed “oh, my God, he better raise up.” He stated further that McDonald did not look up until it was too late to avoid the collision. Petrere maintained there was nothing he could do to avoid the accident and that at the moment of impact the fire engine was completely across both northbound lanes of traffic.

Mark Gene Waddell, State Trooper, investigated the accident. He confirmed the position of the vehicles following the incident. Trooper Waddell also stated the McDonald automobile left 42 feet of skid marks before the point of impact. Wad-dell stated further that Petrere told him McDonald was looking downward toward the seat of his car immediately before the crash. He also related that physical evidence indicated McDonald attempted to swerve to his left to avoid the collision. According to Waddell, McDonald appeared to have been seriously injured. For this reason he made no attempt to question McDonald at the scene but rather first arranged for McDonald’s transportation to a hospital. Waddell further testified Petrere was the only witness who made a statement at the scene of the accident, Petrere’s story being essentially that he observed the McDonald car approximately 300 feet distant and proceeded to turn only because he felt he had ample time to do so without incident.

Louis P. Carroll, proprietor of a generator shop situated at the corner of 73rd Street and Scenic Highway, testified he was in front of his shop, about 60 feet south of the intersection. He was approximately forty to fifty feet from the street [327]*327facing southwesterly at about a 45 degree angle, seated in his boat in which he was installing a newly purchased outboard motor. Carroll also stated he observed the approach of the Cadillac which he was regarding with admiration. He conceded he never saw the fire engine until the moment of impact. Carroll further testified McDonald appeared to be approaching at a rapid rate of speed. He noted McDonald appeared to be “picking up something * * * and when he come up he come up right along even with me, and his brakes started squealing, and when it did I was looking around like that, and he went right into the fire truck, and that’s the first time I seen the fire truck and the first time I knew anything of what was going to happen.” Carroll further stated it was he who summoned the police but that he made no statement to the investigating officer. He explained that he did not come forward with his testimony until several months after the accident because no one questioned him following the accident and he was unaware an officer at the scene was attempting to obtain eyewitness accounts during the investigation that followed.

The trial court’s reasons for judgment appearing of record clearly reflect his acceptance of McDonald’s version of the accident and the conclusion that Petrere misjudged the proximity and speed of the approaching Cadillac when he commenced to turn left at this busy intersection situated on a main north-south traffic artery of the City of Baton Rouge.

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Cite This Page — Counsel Stack

Bluebook (online)
222 So. 2d 324, 1969 La. App. LEXIS 5001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-scotlandville-fire-protection-district-commission-lactapp-1969.