Olson v. Ponthier

225 So. 2d 259, 1969 La. App. LEXIS 6112
CourtLouisiana Court of Appeal
DecidedJune 27, 1969
DocketNo. 2768
StatusPublished
Cited by2 cases

This text of 225 So. 2d 259 (Olson v. Ponthier) 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
Olson v. Ponthier, 225 So. 2d 259, 1969 La. App. LEXIS 6112 (La. Ct. App. 1969).

Opinions

SAVOY, Judge.

This is a suit for personal injuries and damages arising out of an automobile accident that occurred June 19, 1964, on Louisiana Highway No. 1 near Echo, in Rapides Parish. Prior to the accident three vehicles were proceeding northerly along the highway. The lead vehicle was a 1963 Chevrolet truck or tractor of the type used to haul a trailer owned by defendant, Paul Wall. This truck was being driven by defendant, Elton J. Ponthier, in the course and scope of his employment with Paul Wall, and it was insured by defendant, Great American Insurance Company. The second vehicle was a pick-up truck being driven by Lloyd Nash, who is not a party to this suit. The last vehicle was a 1961 Ford automobile owned by plaintiff, Rueben C. Olson, and being driven by plaintiff, David B. Ostrow. The accident occurred when defendant Ponthier began a left turn to enter a private driveway at a cotton gin, and the truck collided with the car being driven by Ostrow, who was in the process of passing the two forward vehicles.

After trial on the merits, the district court found that the sole and proximate cause of the accident was the negligence of plaintiff Ostrow, and judgment was entered in favor of defendants rejecting the claims of both plaintiffs and dismissing their suit at their costs. Subsequently, defendants filed a rule to fix certain costs. After a hearing the rule to fix costs was denied. From the judgment on the merits, [261]*261plaintiffs have filed an appeal to this court. Defendants have filed an answer to the appeal relating to the rule for costs which was dismissed.

On the merits, the issues raised in this case are those of negligence, contributory negligence, last clear chance and quantum.

The record shows the accident occurred at approximately 7:00 A.M. on June 19, 1964, on Louisiana Highway No. 1 in front of a cotton gin south of Echo, in Rapides Parish. The highway in the area involved is straight and level, and is paved with concrete some 18 feet wide, with shoulders five feet wide on each side. There were no signs or markings on the highway forbidding passing for northbound traffic. A ditch runs along the west side of the highway, and three private roads cross the ditch to the cotton gin from the west side of the highway. At the time of the accident, the weather was clear and the highway was dry. The speed limit in the area was 60 miles per hour.

Just prior to the accident all three vehicles were traveling in a northerly direction along the highway. Ponthier was alone driving his employer’s 1963 Chevrolet truck tractor, proceeding to pick up a trailer at the cotton gin. Following this truck was the pick-up truck being driven by Nash. Plaintiff Ostrow was alone in the Ford automobile and proceeded to pass the two preceding trucks as Ponthier made a left turn to enter one of the roads leading to the cotton gin. The two vehicles collided in the left or southbound lane of traffic at a point about three feet over the center line with plaintiff’s car striking headon into the truck at its left rear dual wheels. The truck was at an angle across the southbound lane of the highway at the point of impact with its front wheels near or just off the west edge of the paved highway. The impact was severe, plaintiff’s car was heavily damaged. Both vehicles were moved before the state trooper arrived.

After making his investigation and talking with the drivers, the trooper who investigated the accident placed the point of impact about three feet over the center line in the southbound lane of the highway, about 20 or 30 feet south of the “T” intersection formed by the highway and the driveway going to the cotton gin. He found no skid marks on the highway and estimated the truck was traveling about 25 miles per hour before making the left turn and that plaintiff was traveling about 60 miles per hour. He concluded that the car struck the truck at its left rear dual wheels, where he found imprints of paint. He estimated the damage to the car at $950.00. His report showed a defect in the truck’s left rear signal lights, but he did not recall whether there was no such system or whether the existing lighting system was defective. Nor did he recall whether he checked to see if this system was damaged by the collision.

Plaintiff Ostrow testified he was on his way to work at England Air Force Base from Marksville when he saw two trucks ahead which were' going about 40 or 45 miles per hour. He stated the pick-up was only a half a car length ’ behind the defendants’ truck. He testified he was driving about 50 miles per hour, and as he approached the two trucks from the rear, he saw no signals or lights and the way seemed clear, so he proceeded to pass, increasing his speed to 55 or 60 miles per hour. He testified he was about one and one-half car lengths behind the pick-up when he turned into the left lane to pass, and that as he pulled abreast of the pick-up, the driver of the lead truck stuck out his arm for a left turn and simultaneously made a sharp left turn. It did not appear to him that the truck decreased its speed at all in making the left turn. He thought his car first struck the left front side of the truck and then veered off striking the left rear tire, and that the truck was turning into the first of the three driveways to the cotton gin. He also testified that the front of his car was demolished, [262]*262and that the axle or drive shaft of the truck was broken. He did not see any brake or other signal lights on either truck as he was passing.

Defendant Ponthier testified he was going to pick up a trailer at the cotton gin and intended to turn into the second of the three driveways. He estimated that the first two driveways were about 20 or 25 feet apart. He testified that as he approached the area, he was driving about 40 miles per hour. He turned on his left turn blinker lights about 150 feet from his turn and began slowing down. He then looked in his rear view mirror, saw the pick-up truck, and then gave a hand signal for a left turn. The pick-up seemed to lag back, and he began his left turn at a normal angle about 20 feet before the second driveway at a speed of about five miles per hour. He stated he looked into the rear view mirror for the last time just before he made the turn, but he did not see the car until the moment of impact. His truck was at an angle on the highway at impact. He testified he gave the hand signal when he was about 75 or 100 feet from the driveway. He estimated the pickup was 35 or 40 feet behind him when he began his turn. He testified he checked the truck’s blinker system early on the morning of the accident, and that it was working. He also testified that Ostrow admitted after the accident that he was driving “too fast”.

A disinterested witness, Lloyd Nash, was driving the intervening pick-up truck. He testified he came up behind the large truck tractor at or before a curve in the highway about a quarter of a mile from the place of the accident. He testified that the two trucks proceeded along at about 40 miles per hour, and that when the lead truck was about 100 feet from the driveway, the driver gave a left turn hand signal. At that moment Nash estimated he was 3 or 4 car lengths behind the truck. He testified he slowed to about 15 or 20 miles per hour to allow the truck to make its turn, and that he was about 30 or 40 feet from the truck when it began its left turn. He testified the lead truck came to almost a stop before its turn, and when he saw the car pass him, he realized an accident was imminent and pulled his car to the right side of the road.

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Cite This Page — Counsel Stack

Bluebook (online)
225 So. 2d 259, 1969 La. App. LEXIS 6112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-ponthier-lactapp-1969.