Samanie v. Johnston Testers, Inc.

393 So. 2d 209, 1980 La. App. LEXIS 4933
CourtLouisiana Court of Appeal
DecidedNovember 10, 1980
DocketNo. 13715
StatusPublished

This text of 393 So. 2d 209 (Samanie v. Johnston Testers, Inc.) 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
Samanie v. Johnston Testers, Inc., 393 So. 2d 209, 1980 La. App. LEXIS 4933 (La. Ct. App. 1980).

Opinion

CHIASSON, Judge.

This is an appeal by Johnston Testers, Inc. and its insurer, The Travelers Insurance Company, defendants-appellants, from an adverse judgment holding them liable for injuries sustained by the plaintiff-appel-lee, Irene M. Samanie, in a four car collision on U. S. Highway 90 in Houma, Louisiana.

On the afternoon of August 24, 1976, plaintiff was proceeding in a westerly direction on Highway 90 in her 1969 Buick. U. S. Highway 90 in this area is a two lane paved highway with traffic flowing generally in easterly and westerly directions. She had come to a complete stop behind an unknown vehicle which had stopped to make a left-hand turn. Stopped immediately behind the plaintiff was Raymond Theriot, driving a pickup truck. The third vehicle was a 1971 Chevrolet owned by Walter Sanders and being driven by his daughter, Janice Sanders. Following the Sanders vehicle was the Johnston Testers 1976 [210]*210Chevrolet, driven by its employee, Raymond Duncan.

After the Samanie and Theriot vehicles had come to a stop behind the unknown car turning left, the Theriot vehicle was hit from the rear by the Sanders vehicle, propelling it into the rear end of the Samanie vehicle and causing injury to Mrs. Sama-nie’s neck, back and left arm. The Sanders car in turn had been hit from the rear by the Johnston Testers automobile.

Appellants contend that Mrs. Samanie’s injuries were caused solely by the rear ending of the Theriot truck by Janice Sanders. Appellants do admit that its vehicle struck the rear end of the Sanders vehicle, but claim that collision was after the impact between the Sanders and Theriot vehicles.

Janice Sanders, driving an uninsured car, claims that the Johnston Testers car struck the rear end of her automobile which resulted in the chain reaction collisions.

At the time of the accident, The Travelers Insurance Company had in force a policy of liability insurance covering the Johnston Testers car. Raymond Duncan was employed by Johnston Testers and was proceeding home after a day’s work.

Plaintiff instituted suit against Johnston Testers, The Travelers Insurance Company, and Janice Sanders. Plaintiff later amended her petition to include the Continental Assurance Company, her uninsured motorists carrier. Continental filed a reconven-tional demand against the plaintiff seeking credit for $1,000.00 it had paid to the plaintiff under the medical coverage portion of her policy. In addition, Continental third partied Johnston Testers, The Travelers Insurance Company, Janice Sanders and Raymond Duncan.

The trial court held that the sole cause of the accident was the negligence of Mr. Duncan, the driver of the Johnston Testers vehicle. In its reasons for judgment, the court stated:

* * * * * *
“While the court concedes there are at least three possible explanations of how the accident happened, one possible way the accident could have occurred and which is more probable in the opinion of this court than any other, is that explanation given by the State Trooper called to investigate the accident. His report is filed in the record by agreement of all counsel, and the court quotes the conclusions of Trooper Douglas Brunet from said accident report.
‘Vehicle # 2 (Sanders) was slowing down to stop behind vehicle # 3 (Ther-iot) and vehicle # 4 (Samanie) when struck into the rear by vehicle # 1 (Duncan). After the collision between vehicles 1 (Duncan) & 2 (Sanders), vehicle # 2 (Sanders) was pushed into vehicle # 3 (Theriot). Vehicle # 3 (Theriot) was pushed into vehicle # 4 (Samanie). Vehicle # 4 (Samanie) was stopped behind an unknown vehicle which was stopped waiting to make a left turn.’
“While these conclusions only represent an opinion of the investigating officer, and ordinarily are not admissible in evidence, based on testimony and evidence adduced at the trial, the court believes the conclusions of the officer as expressed above are correct and fully justified. While the accident may have occurred in the way claimed by Mr. Duncan, the court is of the opinion the evidence preponderates in favor of the factual conclusion reached by the officer.”
sk * * # sjc ¡fc

The plaintiff is totally free from fault in this case. The appellants contest the trial court’s ruling holding them solely liable for the damages caused by the accident. They contend that the sole cause of the accident was the actions of Janice Sanders and, in the alternative, that it was the joint negligence of both Sanders and Raymond Duncan. Appellants base their contentions on what they consider the physical facts surrounding the accident and insist that the trial court committed manifest error in its factual determinations.

The rule of appellate review of a trial court’s determination was stated in the case of Canter v. Koehring Company, 283 So.2d 716, 724 (La.1973), as follows:

[211]*211“When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error

The rule was later clarified by the Supreme Court in Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978), in the following manner:

“. .. We said, then, that the appellate court should not disturb such a finding of fact unless it is clearly wrong. Therefore, the appellate review of facts is not completed by reading so much of the record as will reveal a reasonable factual basis for the finding in the trial court; there must be a further determination that the record establishes that the finding is not clearly wrong (manifestly erroneous).”

Neither Mrs. Samanie nor Mr. Theriot could testify as to what transpired behind them prior to the collisions of their respective vehicles. This leaves only the two other drivers to testify as to what transpired prior to the collisions.

Miss Sanders testified by deposition taken in April of 1979. Stating that she saw the brake lights on the two proceeding vehicles in front of her go on, she applied her brakes. She looked in her rearview mirror and knew the following vehicle would hit her. She stated she came to a stop before being hit and denied that she hit the truck before being hit by Mr. Duncan.

On the other hand, Mr. Duncan testified at trial that he was slowing down as he approached the Sanders vehicle, going about 20 to 25 miles per hour. He quickly glanced down at his speedometer and heard two booms. He looked up and did not see any taillights on the Sanders vehicle. He claims that he was a ear’s length away when he looked up but could not avoid striking the rear end of her car.

The investigating officer did not testify but his report indicates that the Sanders vehicle was moving when it was struck in the rear by the Johnston Testers vehicle. It further indicates that the collision between these two vehicles occurred prior to the collision with the Theriot vehicle.

The trial court accepted the trooper’s version. The trooper who investigates an accident generally determines points of impact and the manner in which an accident occurred by reference to the physical evidence at the scene of the accident.

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Related

Arceneaux v. Domingue
365 So. 2d 1330 (Supreme Court of Louisiana, 1978)
Wilson v. Magee
367 So. 2d 314 (Supreme Court of Louisiana, 1979)
Leftwich v. Molony
322 So. 2d 438 (Louisiana Court of Appeal, 1975)
Canter v. Koehring Company
283 So. 2d 716 (Supreme Court of Louisiana, 1973)
Reck v. Stevens
373 So. 2d 498 (Supreme Court of Louisiana, 1979)

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Bluebook (online)
393 So. 2d 209, 1980 La. App. LEXIS 4933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samanie-v-johnston-testers-inc-lactapp-1980.