Scott v. Travelers Insurance Co.

194 So. 2d 154, 1966 La. App. LEXIS 4466
CourtLouisiana Court of Appeal
DecidedDecember 28, 1966
DocketNo. 6850
StatusPublished
Cited by6 cases

This text of 194 So. 2d 154 (Scott v. Travelers Insurance 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
Scott v. Travelers Insurance Co., 194 So. 2d 154, 1966 La. App. LEXIS 4466 (La. Ct. App. 1966).

Opinion

LANDRY, Judge.

This case arises out of a collision between an automobile owned and being driven by-plaintiff Matthew Scott (appellee) and a. truck or van belonging to the American-Red Cross and being operated by a volunteer [155]*155worker, Floyd W. Newman. Suit was instituted solely against The Travelers Insurance Company, insurer of the Red Cross truck (appellant), which said defendant has taken this appeal from the judgment of the trial court awarding plaintiff recovery for property damage, lost earnings and personal injury. We find that the trial court has properly resolved the purely factual situation herein presented for determination. We conclude, however, the award for property damages must be reduced as hereinafter indicated.

For a cause of action plaintiff alleges in substance he was driving southerly along Scenic Highway (a four lane paved thoroughfare in the City of Baton Rouge, East Baton Rouge Parish), in his 1958 Oldsmobile at approximately 2:25 P.M., October 4, 1964 (the day following the notorious Hurricane Hilda). Plaintiff further avers he was proceeding in the left or inside southbound lane when the truck or van operated by Newman negligently swerved from the right or outside southbound lane in front of petitioner’s vehicle in an attempt to make a U-turn through a gap or break in the neutral ground of the highway to reverse the truck’s direction of travel. Next petitioner states that, despite his attempt to avert a collision by forcibly applying his brakes, the highway being wet because of recently fallen rain, he was unable to stop before striking the rear of the truck which had invaded his lane of travel.

Appellant denies its assured, Newman, was negligent in any manner whatsoever. Defendant contends the truck was proceeding southerly in the left or inside southbound lane with its turn signal indicating its intended left turn when said vehicle was negligently struck from the rear by plaintiff’s automobile. Appellant also asserts the accident resulted solely from the •negligence of plaintiff in (1) driving at -an excessive rate of speed; (2) following too close; (3) not keeping a proper lookout, and (4) failing to stop in time to avoid striking the left turning truck traveling in its proper lane. Alternatively, defendant maintains plaintiff was contribu-torily negligent in the respects above mentioned.

The trial court found the accident resulted from Newman’s negligence in swerving from the outside into the inside lane in the course of attempting a U-turn. Appellant maintains the trial court erred in concluding Newman’s negligence to be the sole proximate cause of the accident and, alternatively, failing to find plaintiff guilty of contributory negligence barring plaintiff’s recovery. In the further alternative appellant contends plaintiff failed to establish alleged lost earnings and damages to his vehicle with that degree of certainty required by law. Plaintiff has answered the appeal requesting an increase in the award allotted him for personal injuries.

In essence plaintiff testified he was proceeding southerly in the inside lane of Scenic Highway at a lawful rate of speed. He first observed the truck in the outside lane as said vehicle suddenly veered to its left into the inside lane at which time the truck was approximately 80 feet ahead of plaintiff’s automobile. Plaintiff immediately applied his brakes full force but the pavement being wet, his automobile slid into the rear of the truck, the front of plaintiff’s car striking the left rear of the Red Cross van. According to plaintiff, at the moment of impact the truck was crossways in the highway traveling in a southeasterly direction.

On the other hand, Newman, a salesman from Vicksburg, Mississippi, acting as a volunteer worker for the American Red Cross following the aforementioned natural disaster, testified he was traveling in the inside lane of Scenic Highway. He intended to proceed westerly to Lafayette, Louisiana, via Highway 71-190 by turning right onto 71-190 which intersects Scenic Highway, but missed his turn two or three blocks to the north. Realizing his error, he stopped at the Harbor Service Station, situated on the west side of Scenic Highway [156]*156at the intersection of Mason Street approximately 150-200 yards south of his con-, templated turn, and there sought direction to his destination. After receiving the necessary route information, he filled the tanks on his vehicle with fresh drinking water intended for use by the hurricane victims in the Lafayette area and resumed his journey. Following the instructions of the station attendant, he proceeded onto Scenic Highway and drove immediately across the outside lane into the left lane preparatory to making a U-turn at the first break or gap in the neutral ground to proceed northerly to his proposed turn-off. Newman estimated the break, through which he was attempting to turn, was situated approximately 100 yards from the • gas station he had just left. Fie testified he had his turn indicator in operation signal-ling his proposed left turn and was traveling at approximately 5 to 8 miles per hour when his vehicle was struck in the left rear by plaintiff’s automobile.

The accident was investigated by Officer Earl Williams who testified he arrived upon the scene about 20 minutes following the collision and before either vehicle was moved. He found the truck in the inside lane of Scenic Highway partially in the break or opening in the neutral ground and plaintiff’s vehicle behind the truck, also in the left lane of travel. Williams noted the truck was damaged on its left rear corner and plaintiff’s automobile along its entire front, especially in the center. Measurements taken revealed the point of impact occurred twelve feet north of the north parallel of Harold Street (which intersects Scenic Highway at the point where Newman was attempting his U-turn), seven feet west of the western edge of the neutral ground of Scenic Highway and 14 feet east of the western edge of the paved surface of the westbound traffic lanes of Scenic Highway. Officer Williams also noted the truck was entirely in the left lane for southbound traffic on Scenic Highway. It was not, however, parallel to the roadway of Scenic Highway but was angled to the opening in the neutral ground and facing in a southeasterly direction.

According to Williams, it was raining at the time, so much so that he interrogated the witnesses in his patrol car. His testimony in this regard is corroborated by Newman but contradicted by plaintiff who stated that whereas it had been raining prior to the accident and the roadway was wet, it was not raining either when the collision occurred or the officer arrived. Williams testified further that Newman told him he, Newman, was lost prior to the accident and wanted to turn to make his way back to Airline Highway (71-190), and changed from the outside to the inside lane one or one and one-half blocks north of the site of the accident. Newman also related he arrived at the opening in the inside lane and was struck from behind after having pulled partially into the break and stopped to await the passage of northbound traffic.

Officer Williams recalled plaintiff’s version of the accident to be that the truck was traveling south on Scenic Highway in the right hand lane and made an abrupt turn across the path of plaintiff’s vehicle traveling in the left lane. No evidence of skid marks was found by the officer.

Plaintiff’s witness, Eugene Chaisson, an.

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Bluebook (online)
194 So. 2d 154, 1966 La. App. LEXIS 4466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-travelers-insurance-co-lactapp-1966.