Poche v. Frazier

232 So. 2d 851
CourtLouisiana Court of Appeal
DecidedMarch 9, 1970
Docket3769-71
StatusPublished
Cited by59 cases

This text of 232 So. 2d 851 (Poche v. Frazier) 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
Poche v. Frazier, 232 So. 2d 851 (La. Ct. App. 1970).

Opinion

232 So.2d 851 (1970)

Eugene J. POCHE, Jr., et al.
v.
Bobby FRAZIER et al.
Alton ANDERSON et al.
v.
Bobby FRAZIER et al.
Richard Lee HAUSCHILD et al.
v.
Bobby FRAZIER et al.

Nos. 3769-71.

Court of Appeal of Louisiana, Fourth Circuit.

March 9, 1970.
Rehearing Denied April 6, 1970.

*853 Harry Nowalsky, New Orleans, Norman J. Pitre, Luling, for plaintiffs-appellees.

Alexander C. Cocke, Jr., Bryan, Caraway, Schaefer & Cocke, New Orleans, and Ralph R. Miller, Norco, for defendants-appellants, Main Mutual Insurance Co. and Claude J. Landry.

C. B. Ogden, II, New Orleans, George Oubre, Norco, for defendants-appellants, Fremin-Smith Services, Inc., and Hartford Accident and Indemnity Co.

Francis G. Weller of Deutsch, Kerrigan & Stiles, New Orleans, for defendant-appellee American Casualty Insurance Co.

Before SAMUEL, CHASEZ and DOMENGEAUX, JJ.

*854 DOMENGEAUX, Judge.

These three consolidated cases involve tort claims arising out of two automobile accidents which occurred on November 20, 1965, at approximately 5:10 p. m., on or near the Bonnet Carre Spillway Bridge on U. S. Highway 61 just west of New Orleans in St. Charles Parish. Highway 61 at that point is a four lane highway running northwest and southeast. There are two lanes running in each direction. The flow of traffic in opposite directions is divided by a double yellow line. This physical layout is also true of the Bonnet Carre Spillway Bridge, except that the highway on the bridge is bounded on both sides by a concrete abutment. A pickup truck owned by Louis Carmouche and being operated by Claude Landry was traveling on the said highway in a southeasterly direction in the right or outside lane of traffic. Just before entering the bridge the truck collided with an automobile being driven by Bobby Frazier in the same direction, but in the left or inside lane. The impact caused the Frazier automobile to cross the double yellow line into the left inside lane of the northwest bound traffic. This produced a headon collision between the Frazier vehicle and an automobile being driven in a northwesterly direction by Eugene Poche, Jr., in his left or inside lane of traffic. Mrs. Poche, Mr. and Mrs. Alton Anderson, and Mr. and Mrs. Richard Hauschild were passengers in the Poche vehicle. A fourth automobile being driven by Lorraine Braud Zeringue in the same direction and lane as the Poche vehicle crashed into the back of the Poche automobile immediately following its collision with the Frazier automobile.

The Andersons and Hauschilds filed separate actions for their injuries, charging negligence to Bobby Frazier and his alleged liability insurer, Travelers Protective Insurance Company; Claude Landry and Louis Carmouche, the latter who was the owner of the vehicle operated by Landry, and Main Mutual Insurance Company, the liability insurer of the Carmouche truck; Alvin Fremin and Henry Smith, d/b/a Fremin-Smith Services (properly-Fremin-Smith Services, Inc.) and its liability insurer, Hartford Accident and Indemnity Company, alleging Fremin-Smith Services, Inc., was the employer of Claude Landry at the time of the accident; Lorraine Braud, individually, and Eugene Poche, Jr., and his liability insurer, American Casualty Insurance Company.

The Poches filed suit against Frazier, Travelers Protective Insurance Company, Claude Landry, Louis Carmouche, Main Mutual Insurance Company, Fremin-Smith Services, Inc., Hartford Accident and Indemnity Company and Lorraine Braud.

State Block, Inc., owner of the Poche vehicle, filed suit against the above named persons for property damage to that vehicle.

In the Anderson and Hauschild matters American Casualty Insurance Company, by third party proceedings, brought action against Frazier, Travelers Protective Insurance Company, Claude Landry, Louis Carmouche, Main Mutual Insurance Company, Fremin-Smith Services, Inc., Hartford Accident and Indemnity Company and Lorraine Braud.

All actions were consolidated and tried before a jury in the Twenty-Ninth Judicial District Court on July 29-August 2, 1968.

After the trial the jury found, on special interrogatories directed to them, that:

1. Bobby Frazier was negligent and his negligence was the proximate cause of the accident.
2. Claude Landry was negligent and his negligence was the proximate cause of the accident.
3. Lorraine Braud was negligent but her negligence was not the proximate cause of the accident.
4. Eugene Poche was not negligent.
5. Louis Carmouche had not leased his truck to Fremin-Smith.
*855 6. Claude Landry was an employee of Fremin-Smith Services, Inc., at the time of the accident.
7. Bobby Frazier was not afforded liability insurance coverage through Travelers Protective Insurance Company.
8. Eugene Poche was entitled to $75,000.00 for injuries and permanent disability and $10,000.00 for past and future medical expenses for him and his wife.
9. Miriam Poche was entitled to $75,000.00 for injuries and permanent disability.
10. State Block, Inc., was entitled to $3,300.00 property damage.
11. Alton Anderson was entitled to $50,000.00 for injuries and permanent disability and medical expenses of $15,000.00 past and future for him and his wife.
12. Hazel Anderson was entitled to $20,000.00 for injuries and permanent disability.
13. Richard Hauschild was entitled to $5,000.00 for injuries and permanent disability and medical expenses of $15,000.00 past and future for him and his wife.
14. Connie Hauschild was entitled to $75,000.00 for injuries and permanent disability.

After the trial, but before the matter was submitted to the jury and before argument of counsel, Fremin-Smith Services, Inc., and Hartford Accident and Indemnity Company filed exceptions of no right or cause of action based upon the testimony that Claude Landry was not an employee of Fremin-Smith Services, Inc., and, therefore, Fremin-Smith Services, Inc., could not be held responsible for his acts of negligence, if any. The exceptions were overruled by the trial judge.

At approximately the same point in the proceeding, that is, after the close of the testimony but before the matter was argued or submitted to the jury, defense attorneys asserted that there was newly discovered evidence pertinent to the trial. Motion was made to reopen the case to hear the testimony of a new witness, one Jenny Jones. The court refused to reopen the case but allowed interested defense attorneys, by proffer, to relate into the record substantially what would have been Miss Jones' testimony.

The trial judge thereafter rendered judgment in accordance with the jury's verdict and cast Bobby Frazier, Claude Landry, Fremin-Smith Services, Inc., Hartford Accident and Indemnity Company to the limits of its policy and Main Mutual Insurance Company to the limits of its policy, jointly, severally and in solido.

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Bluebook (online)
232 So. 2d 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poche-v-frazier-lactapp-1970.