Pelt v. Home Indemnity Co.

118 So. 2d 148, 1960 La. App. LEXIS 891
CourtLouisiana Court of Appeal
DecidedFebruary 1, 1960
DocketNo. 4937
StatusPublished
Cited by8 cases

This text of 118 So. 2d 148 (Pelt v. Home Indemnity Co.) 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
Pelt v. Home Indemnity Co., 118 So. 2d 148, 1960 La. App. LEXIS 891 (La. Ct. App. 1960).

Opinion

LOTTINGER, Judge.

This is a suit for personal injuries and property damages arising from an automobile accident. The petitioners are Woodrow Pelt, and his wife, Mrs. Woodrow Pelt, who was a guest passenger in one of the vehicles. The defendants are Daymon H. Beams, his insurer, Home Indemnity Company, Mrs. Flora Hughes, and her insurer, the Audubon Insurance Company. The Lower Court awarded judgment in favor of petitioners and against all defendants. All defendants have taken this appeal. The petitioners have answered the appeal requesting an increase in the amount awarded. The record discloses, without contradiction, that the accident occurred on [149]*149September 11, 1958 at approximately 5:50 o’clock p. m. on U. S. Highway 171, and at a distance of approximately five miles south of Leesville, in the Parish of Vernon, Louisiana. Highway 171 is a main traffic artery running north and south, the construction is of asphalt for a width of twenty-two feet. At the vicinity of the accident, the shoulders of the highway are approximately six to seven feet wide on each side. Prior to the accident it had been drizzling, and, at the time of the impact the highway was wet, and it was either drizzling or raining.

At approximately 5:00 o’clock p. m. Mrs. Woodrow Pelt, one of the petitioners, together with Mrs. Flora Hughes, and Mrs. Emma Davis, all of whom worked at the P-X at Fort Polk, got off from their said work and entered the automobile belonging to Mrs. Hughes in order to return from their work to their respective homes situated in or near Leesville, Louisiana. At approximately the same time, Sgt. Daymon H. Beams completed his daily duties with the U. S. Army and entered his 1950 model Studebaker automobile preparatory to returning to his home at Leesville. On the way home Sgt. Beams stopped to buy gasoline at a filling station which was situated at approximately one-half mile from the scene of the accident. After completing his said purchase, he again entered U. S. Highway 171 and resumed his northerly travel in the rear of the Hughes’ vehicle. Along the way both vehicles were traveling from 35 to 45 miles per hour, and the Beams’ vehicle was the first vehicle to the •rear of the Hughes’ automobile.

After traveling a distance of approximately one-half mile from the said filling •station Mrs. Hughes turned on her left turn signal lights preparatory to turning into the driveway at the residence of Mrs. Pelt so as to let Mrs. Pelt out of the car. Mrs. Hughes testified that she put on her blinkers at a distance of approximately 300 feet from the Pelt driveway, and that the pilot light on the dashboard of her 1957 Chevrolet was blinking and clicking. At the time that she put on the lights she noticed the Beams’ car was a good distance behind her. After putting on her turn indicators, Mrs. Hughes gradually slowed her speed from approximately 35 to 40 miles per hour to approximately 15 miles per hour, during which interval she tipped her brakes so that the brake lights situated on the rear of her car would go on. When she was just a few feet south of the Pelt driveway and preparing to execute her left turn, she was struck violently from the rear by the Beams’ automobile. Mrs. Hughes testified that at the time of the impact she was proceeding at a speed of some 5 to 10 miles per hour and was fully in her right lane, or the east lane, of the highway.

Sgt. Beams did not testify at length upon trial of the matter except for the purposes of a little rebuttal evidence. His version of the accident was introduced into the record by way of deposition. Sgt. Beams testified as to his leaving Camp Polk, stopping to purchase gasoline, and then resuming his journey to the rear of the Chevrolet which he later discovered to be that of Mrs. Hughes. He stated that, after leaving the service station, he traveled at a speed of 35 to 45 miles per hour and at a distance of 50 or 60 paces in the rear of the Hughes’ automobile. Sgt. Beams said that a drizzle had been falling, however, upon reaching a point a block or so south of the impact it started raining heavy and it was necessary for him to turn on his windshield wipers. In his deposition he testified that he had to use some pliers to turn on his windshield wipers when he was a city block or so from the point of impact. The Sgt. further testified that he suddenly noticed both rear brake lights commence shining on the Chevrolet, and he immediately applied his brakes, causing him to skid and crash into the Chevrolet automobile. After applying the brakes, the Studebaker skidded down the highway and the left front wheel and door of his Studebaker collided with the rear right fender of the Chevrolet. Sgt. Beams testified that, [150]*150at the time he applied his brakes and at the time he struck the Hughes’ vehicle, it was proceeding in a northerly direction along the highway in its proper lane.

The testimony in the case shows that after the impact the Hughes’ vehicle came to rest on the west side of the highway in the ditch, and the vehicle was facing in a southerly direction and was situated north of the Pelt driveway. The Beams’ vehicle, on the other hand, came to rest on the east side of the highway facing in a southwesterly direction. The damage to the Hughes’ car was to the rear, mostly in the center and the right side. The damage to the Beams’ vehicle was to the left fender and left side, the front thereof being undamaged. Because of the inclement weather, no skid marks were noticed by any of the witnesses, and the point of impact could not be detected by the investigating officers. State Trooper Bolton testified, however, that most of the dirt was situated on the east lane of traffic with a small portion thereof on the west.

The record discloses that the three ladies in the Hughes’ vehicle were seated as follows. Mrs. Hughes was driving, Mrs. Davis was seated in the front center and Mrs. Pelt was seated on the right side of the front seat. The impact caused Mrs. Pelt to be thrown to the rear seat and her foot became caught between the two front seats. Mrs. Pelt received injuries for which claim is made in this suit.

The petitioner attempts to show that both Sgt. Beams and Mrs. Hughes were guilty of negligence for which they are legally responsible. They alleged that Sgt. Beams’ negligence consists of following too closely, traveling at an excessive rate of speed and failure to keep a proper lookout and to keep his vehicle under control. They alleged Mrs. Hughes to be negligent in driving at an excessive rate of speed, in not keeping her vehicle under control, failing to keep a proper lookout, and in attempting to make a left hand turn without giving a proper signal in the face of the approaching Beams’ vehicle.

The Lower Court held both Beams and Mrs. Hughes to be negligent, and that the negligence of both of these parties was the proximate cause of the collision and the re-' suiting damages to the petitioners. The Lower Court awarded judgment against all defendants, and in favor of Mr. Pelt, in the amount of $3,064.75, with legal interest on $2,814.75 from date of Judicial demand until paid, said award being for loss of wages of his wife, medical bills and $250 for future medical bills. A judgment was awarded in favor of Mrs. Pelt in the amount of $7,500. From this judgment all the defendants have appealed, and petitioners answered the appeal seeking an increase in amount.

The Lower Court was correct in holding: Sgt. Beams guilty of negligence, and we feel that such negligence was the proximate cause of the accident. The testimony of Sgt. Beams himself indicates that he was following the Hughes’ vehicle too closely, or was not keeping a proper lookout.

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Cite This Page — Counsel Stack

Bluebook (online)
118 So. 2d 148, 1960 La. App. LEXIS 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pelt-v-home-indemnity-co-lactapp-1960.