Scott v. Grain Dealers Mutual Insurance

163 So. 2d 62, 245 La. 1089, 1964 La. LEXIS 3073
CourtSupreme Court of Louisiana
DecidedMarch 30, 1964
DocketNo. 46893
StatusPublished

This text of 163 So. 2d 62 (Scott v. Grain Dealers Mutual Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. Grain Dealers Mutual Insurance, 163 So. 2d 62, 245 La. 1089, 1964 La. LEXIS 3073 (La. 1964).

Opinion

FOURNET, Chief Justice.

This is a tort action involving an inter-sectional collision that occurred in Natchi-toches, Louisiana, between a 1955 Buick automobile operated by the plaintiff, Hasty B. Scott,1 who was proceeding west on Church Street, and a 1959 Chevrolet sedan driven by Barbara Troquille, the minor daughter of the defendant John A. Troquille, who was proceeding in a southerly direction on Fourth Street. The matter is now before us on a writ of certiorari, granted on the application of the defendant Troquille and the liability insurer of his car, the Grain Dealers Mutual Insurance Company, to review the judgment of the Court of Appeal for the Third Circuit that affirmed the judgment of the district court in favor of the plaintiff in the amount of $5,000 for personal damages and $1,013.15 for special damages. " See, La.App., 154 So.2d 796. The application was granted because of the apparent conflict existing between the decision complained of here and that of the Court of Appeal for the Second Circuit in National Retailers Mutual Insurance Company v. Harkness, La.App., 76 So.2d 95.

It appears the City of Natchitoches, in 1936, adopted an ordinance in which Fourth Street was given the right-of-way over Church Street. However, it was shown by the evidence that at the time of the accident, and long prior thereto, a stop sign had been erected by the city officials on the east side of Fourth Street and several feet removed from Church Street. As a result, it had been generally recognized by the citizens of Natchitoches that Church Street was the favored street.

In resolving the issues of this case, the appellate court, as had the trial court, took cognizance of the apparent conflict between the decision in the Harkness case and that [63]*63of the First Circuit in Dufore v. Dauger-eaux, La.App., 122 So.2d 656,2 and followed the rationale of the decision in the Dufore case, which it considered “involved facts similar to the one in the instant case.”

While there is some language in the Harkness and Dufore cases that appears to he in conflict, their holdings are not necessarily so, as they are easily distinguishable from both a legal and factual standpoint. In the former case counsel contended Miss Harkness” was proceeding on a highly favored street” and that “traffic crossing at the intersection [was] required to stop before entering” it. In rejecting this contention the appellate court pointed out there was “not the slightest evidence in the record” reflecting that East-and-West (on which Miss Harkness was travelling) was a “highly favored street;” further, there was no “indication of any nature that traffic on Lewisville” (on which one of the three cars involved in the accident was travelling) approaching the intersection where the accident occurred “was required to stop.” In the latter case defendant contended he was not liable because it was not proved the stop signs regulating traffic on Sunset Street had been placed there pursuant to statute or ordinance, and he therefore had the right-of-way since he was in the vehicle approaching from plaintiff’s right. In rejecting this contention the court stated theré was “no evidence to indicate that the stop-signs were not properly placed pursuant to Church Point ordinance or State statute.” Hence, the statement in the Dufore case to the effect that “In allocating fault between motorists involved in an accident, it seems to us that reasonably prudent motorists should properly rely upon such stop-signs and can properly expect oncoming motorists also to rely upon them,” is dicta. Yet this is the statement upon which both courts below based their decision, without giving any consideration whatsoever to the facts of the case.3

The Court of Appeal for the Third Circuit, in affirming the judgment of the district court in the case now under consideration, clearly intended each case should be decided according to its own facts, though not expressly saying so, for it observed: “We do not intend to hold that the mere placing of stop signs by municipal officials, without authority of an ordinance, is sufficient to establish favored streets. * * * YVe intend herein to hold only that, under the circumstances of this case, defendant’s daughter was negligent, and plaintiff was free of negligence.” Although we granted this writ primarily because of the alleged conflict between the decisions in the Harkness case and instant case, after reviewing the record, as we are required to do under the constitution once the writ is granted,4 we find the evidence does not support the appellate court’s conclusion that the “plaintiff was free from negligence.”

When Miss Troquille was called under cross-examination by the plaintiff, she readily admitted she knew of the stop sign at Fourth Street and also that she, as well as the public in general, recognized Church Street as having the right-of-way over Fourth. She further testified that at the time of the accident she was going to work, travelling the same route she daily pursued, and, because of a very heavy rain, she had in operation both windshield wipers and the parking lights of her automobile; that [64]*64upon reaching the stop sign before crossing into Church Street she stopped her car, and, observing no oncoming traffic in either direction after having looked both ways, moved slowly forward, again looking to her left to see if there were any approaching vehicles. Seeing none, she felt secure in entering the intersection and proceeded to execute a left turn. Just as she had almost completed the turn, with the front end of her car turned toward town, the two cars collided, plaintiff’s vehicle striking hers on its left front toward the door.

The plaintiff, the only other eye witness, testified under direct examination that at the time of the accident she operated three connecting businesses, namely, a cafe known as Hasty’s Place, the West End Liquor Store, and also a club she ran under the name of Hasty’s Club. The store not only sold package liquor and beer, but also supplied her club with these products. As a result of her ownership of these businesses, she was required to drive on Church Street frequently, and, on the day of the accident, was returning from the “Saveway” store, where she had purchased supplies for the cafe. She stated she was driving between IS and 20 miles an hour in the right-hand lane of Church Street, a heavy mist or light rain falling at the time, and that she first observed the Troquille car while it was some distance away on Fourth Street, before it reached the stop sign, and believed, because it was moving slowly toward Church Street, it would stop. It was when she discovered Miss Troquille was turning into Church Street that her car collided with the Troquille automobile, the left front of the Buick striking the left front of the Troquille car.

However, when the plaintiff returned to the stand after lunch, on redirect examination she repudiated her previous testimony. In response to carefully phrased leading questions of her counsel,5 she changed her version of the manner in which the accident occurred, and stated, in effect, she saw the Troquille vehicle momentarily for the first time just as she approached the intersection, and as it was then moving almost immediately into the intersection it was too late for her to apply her brakes and, as a consequence, she struck it.

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Related

National Retailers Mutual Insurance Co. v. Harkness
76 So. 2d 95 (Louisiana Court of Appeal, 1954)
Scott v. Grain Dealers Mutual Insurance
154 So. 2d 796 (Louisiana Court of Appeal, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
163 So. 2d 62, 245 La. 1089, 1964 La. LEXIS 3073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-grain-dealers-mutual-insurance-la-1964.