Pitre v. Skains

344 So. 2d 390, 1977 La. App. LEXIS 4689
CourtLouisiana Court of Appeal
DecidedMarch 21, 1977
DocketNo. 11132
StatusPublished

This text of 344 So. 2d 390 (Pitre v. Skains) 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
Pitre v. Skains, 344 So. 2d 390, 1977 La. App. LEXIS 4689 (La. Ct. App. 1977).

Opinion

LANDRY, Judge.

This appeal by Constant Pitre (Appellant), is from judgment rejecting his demands in tort, for damages for personal injuries to his minor son, Danny Pitre, against the owner, driver and insurer of a truck which collided head on with a vehicle belonging to Appellant, which vehicle was being driven by Appellant’s daughter, Clara Pitre, and in which Danny Pitre was riding as guest passenger. Appellant also sued his own insurer against whom he obtained judgment upon the trial court finding Miss Pitre solely at fault. We affirm.

The Pitre vehicle, a 1974 Ford Pinto, was insured by Continental Insurance Company (Continental). The truck a 1968 International flatbed, was owned by J & W Enterprises, Inc., insured by Bituminous Casualty Corporation (Bituminous), and being driven by J. E. Skains, President of owner corporation.

Subject accident occurred at about 3:00 P.M., October 4, 1974, on Louisiana Highway 1, a paved, two-lane, north-south roadway, approximately four-tenths of a mile south of the junction of said highway and Louisiana Highway 24, near LaRose, Louisiana. The weather was clear and the highway dry. Skains was traveling northerly in the truck which, though empty, weighed a total of 22,000 pounds, including the weight of a brick loading apparatus installed thereon. The truck, although a single unit, had two front wheels and eight rear wheels. Skains was accompanied by his employee-helper, Billy Bourgeois. Miss Pitre was traveling southerly, her younger brother occupying the right side of the front seat of her vehicle. Skains was driving about 45-50 miles per hour; Miss Pitre was proceeding at approximately 45 miles per hour.

The collision occurred in or near the south end of a moderate curve to the west, left for a northbound driver, right to a southbound motorist. The right front of the Skains truck struck the right front of the Pinto at a point one foot inside the center-line in the southbound lane, that is, one foot west of the centerline.

Two suits resulted from the accident. Appellant sued Continental, Skains, J & W, and Bituminous. Skains and J & W sued Miss Pitre and Continental. The actions were consolidated for trial. Appellant obtained judgment individually for $4,805.95, and on behalf of his minor son for $20,000 against Continental. Skains and J & W were awarded judgment against Miss Pitre and Continental. Appellant settled with Continental for $12,000, the limits of said insurer’s liability, with full reservation of his rights against all other defendants. This present appeal presents only the question of the liability of Skains, J & W, and Bituminous to Mr. Pitre and his minor son. Neither Miss Pitre nor Continental have appealed the judgments against them in favor of Skains and J & W.

Miss Pitre testified she was proceeding southerly in her proper lane of travel, at about 45 miles per hour, after having stopped at a local bakery to purchase a birthday cake for her guest passenger brother. She could not recall in'which lane she was traveling immediately before the accident or when she entered the curve or while traversing the curve. Within an instant or two prior to the impact, she observed the oncoming truck at which time she applied her brakes and veered to her right. She could not state in which lane she was traveling when she attempted these evasive maneuvers. She attributed her inability to recall further details to amnesia [392]*392resulting from head injuries she sustained in the accident.

Skains testified he was proceeding northerly in his proper lane of travel at about 45 to 50 miles per hour. As he approached the curve ahead, he met a southbound vehicle traveling immediately ahead of Miss Pitre. The Pitre vehicle entered the curve when his truck and the Pitre car were about 250 to 300 feet apart. At this time, he noticed the Pitre vehicle gradually drifting to its left into Skains’ lane. He removed his foot from his accelerator and rested it on his brake but did not apply his brakes. As he observed, the Pitre car continued its drift to the left and entered completely into the northbound lane. It appeared to Skains that the driver of the Pitre car was attempting to pull back into his proper lane, but the vehicle continued to drift to the left. As the vehicles approached each other, Skains supposed the oncoming driver was “playing chicken” and would resume his proper lane of travel. When the vehicles were about 100 feet apart, Skains concluded the oncoming driver would not resume his proper lane, and at that time he applied his brakes and veered sharply to his left. He reasoned that if he veered his truck, it would avoid a direct head-on collision between the vehicles, in which the oncoming car would either be totally demolished or would run beneath the truck, crushing the vehicle and its occupants. He explained that he felt a glancing impact might perhaps turn the vehicle and push it aside, thus affording the occupants of the automobile a better chance of survival. He believed the left front wheel of his truck was in the southbound lane at the moment of impact. At no time did he leave his proper lane until he attempted the mentioned evasive measures.

The accident was investigated by Trooper Gerald Guidry of the Louisiana State police, who arrived on the scene approximately five minutes after the mishap. He found 45 feet of measured skid marks left by all four wheels of the Pitre car, beginning completely in the northbound lane, curving uninterruptedly to and ending at the point of impact. Based on physical signs, he determined the point of impact to be in the southbound lane, one foot west of the cen-terline. He also found 82 feet of measured skid marks made by the Skains truck, beginning entirely in the northbound lane, veering to the left, and terminating at the point of impact.

Billy Bourgeois was looking out of the truck window until just before the impact, when he looked ahead. He saw the oncoming Pitre car in the northbound lane and shouted a warning. The impact occurred immediately thereafter.

Noel Cheramie was traveling southerly ahead of Miss Pitre by an estimated 150 to 200 feet. He passed the Skains truck traveling in its proper lane at what he considered an excessive speed. He followed the course of the Skains truck in his outside rear view mirror and saw the truck enter the southbound land about 50 to 100 feet after passing his car. The truck remained in the southbound lane until its bulk blocked his view of the Pitre car, which was traveling in the southbound lane when he last saw it. He observed the impact occur while the Skains truck was completely in the northbound lane, but he could not position the Pitre car at the moment of impact.

Van Cheramie was following the Pitre car with one vehicle intervening. He did not see the Pitre car leave its proper lane and observed nothing unusual about the movement of either the Pitre car or the truck. Although he was not aware of the imminence of an accident, he observed the impact take place while the Pitre car was completely in the southbound lane.

Ruth Roberson, a school teacher, was proceeding southerly about 300 feet behind Miss Pitre. She saw the approaching truck and knew an accident was imminent. The collision occurred about 225 feet ahead of her vehicle. At the moment of impact, the Pitre car was completely in the southbound lane. She did not observe the truck in the southbound lane until immediately prior to the collision.

Leon Richard, a school bus driver, was proceeding southerly with a bus load of [393]*393children.

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Bluebook (online)
344 So. 2d 390, 1977 La. App. LEXIS 4689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitre-v-skains-lactapp-1977.