Roberts v. London Guarantee & Accident Co.

140 So. 2d 770
CourtLouisiana Court of Appeal
DecidedApril 4, 1962
DocketNo. 9698
StatusPublished
Cited by3 cases

This text of 140 So. 2d 770 (Roberts v. London Guarantee & Accident 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
Roberts v. London Guarantee & Accident Co., 140 So. 2d 770 (La. Ct. App. 1962).

Opinion

AYRES, Judge.

This is an action by plaintiffs, husband and wife, for the recovery of damages and expenses resulting from personal injuries sustained by the latter and of property losses sustained and medical expenses incurred by the former in a motor vehicle collision of January 23, 1961. Involved were plaintiffs’ station wagon, driven by Mrs. Roberts, and a Chevrolet automobile of defendant’s assured, Charles B. Long, operated at the time by his wife, Mrs. Ruby Looney Long.

The accident occurred on State Highway 511, an extension of 70th Street of the City of Shreveport, seventy to eighty feet east of its intersection with the Flournoy-Lucas Road, and some distance east of a cutoff, or bypass road leading through a church yard, into which Mrs. Long intended to pass before continuing south on the intersecting road. Mrs. Roberts was traveling in an easterly direction, Mrs. Long, in the opposite direction. Immediately prior to their meeting, Mrs. Long attempted a left turn and proceeded across the center line of the highway into the left-hand lane, plaintiff’s right-hand lane, directly in front of plaintiff’s oncoming vehicle. A head-on collision was the result. The point of impact was in plaintiff’s proper lane of travel and in Mrs. Long’s left, or wrong, lane.

Plaintiffs allege that Mrs. Long was negligent in failing to maintain a proper lookout, in driving at an excessive rate of speed in a dense fog, and in leaving her proper lane of travel and crossing over into the left lane directly in front of plaintiff’s oncoming ve-[772]*772hide. These acts of negligence were denied by defendant, which alleges that Mrs. Roberts was negligent, or, in the alternative, contributorily negligent, in driving at an excessive and dangerous rate of speed in view of the heavy fog and limited visibility, and in failing to keep a proper lookout or to keep her automobile under control.

The trial court concluded that the proximate cause of the accident was Mrs. Long’s act in leaving her proper lane of travel and crossing onto the left-hand side of the road directly in front of the automobile driven by Mrs. Roberts. Accordingly, judgment was rendered in favor of plaintiff husband for $750.30 and, in favor of plaintiff wife, for $2,500.00. From this judgment, defendant appealed. Mrs. Roberts, through an answer to the appeal, prays that the award in her favor be increased to $4,750.00.

The accident occurred about 8:00 a.m. Mrs. Roberts had driven her husband to Greenwood, where he was engaged as a public school teacher, and was returning to their residence. Her speed had been about 40 m.p.h. On reaching the intersection with the Flournoy-Lucas Road, she reduced her speed and completed the crossing at a speed of 15-20 m.p.h., after which she accelerated her pace to about 25 m.p.h. A heavy fog covered the highway for about one-fourth mile in either direction from the scene of the accident. Visibility was reduced to 15-20 feet. Mrs. Long, who was driving westerly with the intention of turning left at a cutoff road leading through a church yard and then proceeding in a southerly direction on the intersecting road, turned before she reached the cutoff road. Immediately as she crossed over the center line into the left lane, a head-on collision occurred with plaintiff’s vehicle. Mrs. Long testified she had reduced her speed, prior to the accident, to 12 m.p.h., and that, although her visibility was reduced by the fog to 15 feet, she never saw plaintiff’s vehicle before the collision. Mrs. Roberts saw the oncoming car as it crossed the center line into her lane of travel at a distance of about 15 feet away; whereupon she immediately applied her brakes to avoid a collision, but was unsuccessful in doing so.

Appellant’s argument for a reversal of the judgment is predicated upon the contention that driving at an excessive speed in a blinding fog constitutes negligence and fixes liability upon the motorist guilty of such action. Cited in support of this proposition are these cases: Giorlando v. Maitrejean, La.App. Orleans, 1945, 22 So.2d 564; Employers’ Fire Ins. Co. v. Rodgers, La.App. 2d Cir., 1950, 47 So.2d 404; Dixie Highway Express v. C. C. Galbraith & Son, La.App. Orleans, 1952, 61 So.2d 218; Hecht v. Toye Bros. Yellow Cab Co., La.App. Orleans, 1953, 62 So.2d 520.

These cases are readily distinguishable from the instant action as they concern motorists who, unable to see, struck objects on their side of the road, which objects had a right to be where they were, such as, for instance, a forward-moving vehicle. This court aptly observed, in Taylor v. Fidelity & Casualty Co. of New York, La.App. 2d Cir., 1951, 55 So.2d 307, 310:

“ * * * It has many times been stated that a motorist has the right to assume that his proper lane of traffic will be clear and unobstructed by traffic approaching from the opposite direction even in those instances where his vision is impaired by natural obstacles.”

See, also : Cox v. Louisiana Department of Highways, La.App. 2d Cir., 1946, 25 So.2d 824, 827 (writs denied); Dowden v. State, La.App. 2d Cir., 1955, 81 So.2d 48, 55.

We are, nevertheless, in general accord with the pronouncements of the authorities cited and relied upon by appellant and others which might be cited with reference to the imposed requirements of unusual care while driving a motor vehicle in fog, smoke, or other serious obstructions to visibility. Notwithstanding, we are, however, in agreement with the conclusion of the trial court that Mrs. Roberts’ failure in [773]*773this respect, if any, did not constitute either a proximate or a contributing cause of this particular accident. The sole cause of the accident, in our opinion, was Mrs. Long’s gross negligence in driving across the center line of the highway and blocking the movement of traffic. Mrs. Long’s maneuvers were in violation of the prohibitory provisions of the Highway Regulatory Act. For instance, it is provided in LSA-R.S. 32:236, subd. A:

"The driver of any vehicle upon a highway of this state, before starting, stopping or turning from a direct line shall first see that such movement can be made in safety, and, if any pedestrian may be affected by such movement, shall give clearly audible signal by sounding the horn; and, whenever the operation of any other vehicle may be affected by such movement, shall give a signal as required in this Section, plainly visible to the driver of such other vehicle, of the intention to make such movement.” (Emphasis supplied.)

The jurisprudence in accord with the aforesaid statutory provision is so replete with pronouncements to that effect that citation of authority is deemed no longer necessary. The holdings are also legion to the effect that a left turn is one of the most dangerous maneuvers a motorist may undertake, and that such movement should never be undertaken until it is ascertained that it may be made in safety and without unduly delaying or affecting the normal movement of traffic. Thus, a driver of a motor vehicle attempting to turn from a mam highway to his left onto an intersecting roadway bears the burden, in the event of an accident, of showing there was no fault on his part, and, when he attempted to do so, there was ample distance and time within which to complete the maneuver. Michelli v. Rheem Mfg. Co., La.App. Orleans, 1948, 34 So.2d 264; Codifer v. Occhipinti, La.App. Orleans, 1952, 57 So.2d 697, 699.

As was observed in the latter case:

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Bluebook (online)
140 So. 2d 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-london-guarantee-accident-co-lactapp-1962.