Scruggins v. Connecticut Fire Insurance

137 So. 2d 368, 1962 La. App. LEXIS 1544
CourtLouisiana Court of Appeal
DecidedJanuary 29, 1962
DocketNo. 476
StatusPublished
Cited by2 cases

This text of 137 So. 2d 368 (Scruggins v. Connecticut Fire Insurance) 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
Scruggins v. Connecticut Fire Insurance, 137 So. 2d 368, 1962 La. App. LEXIS 1544 (La. Ct. App. 1962).

Opinion

FRUGÉ, Judge.

Joseph Murray Scruggins and his wife, Mrs. Myrtis Carrier Scruggins, instituted actions against the defendants, Connecticut Fire Insurance Company, Plattsmier and Roussel, a partnership, the individual members of said partnership, namely W. J. Plattsmier and C. J. Roussell, and their employee, Irvin A. Arceneaux. The action arose out of an accident between plaintiff’s automobile and defendants’ truck in St. Landry Parish, Louisiana. The cases were consolidated for trial. The trial court rendered judgment in favor of the plaintiff Joseph Murray Scruggins in the amount of $27,706.77 plus interest and cost, and rendered judgment in favor of the plaintiff Mrs. Myrtis Carrier Scruggins in the amount of $10,000 plus interest and cost against the same defendants. The judgment in favor of Joseph Murray Scruggins is limited as to Connecticut Fire Insurance Company to the sum of $20,000, that being the maximum amount of its coverage for its co-defendants assureds Plattsmier and Roussell, W. J. Plattsmier and C. J. Rous-sell. From this judgment defendants have appealed.

These consolidated cases resulted from an automobile-truck collision which occurred on Louisiana Highway 103 which leads from Port Barre to Washington, in St. Landry Parish, Louisiana, and goes generally in a north-south direction. This road is rather winding and is black-topped with no dividing line. The 1951 Pontiac automobile driven by Joseph Murray Scruggins, in which his wife, Mrs. Myrtis Carrier Scruggins and stepdaughter, Nola Hebert, were passengers, was traveling in a northerly direction approximately a mile and one-half away from Port Barre. The 1953 Chevrolet truck of Plattsmier and [370]*370Roussell, driven by Irving Arceneaux, was traveling in the opposite or southerly direction toward Port Barre. This accident occurred in one of the many sharp curves on this blacktop highway; it is to be noted that the highway narrows from a width of 21 feet prior to entering the curve to a width of approximately 16 feet at the middle of the curve. The time of the accident was fixed at approximately S :30 P.M. The weather was clear, the sun was still up, and the road was dry.

It appears that the major issue involved in this case is the determination of whether the point of impact was in the east lane of the highway, the proper lane of travel for the Scruggins’ automobile, or the west lane of traffic which was the proper lane of travel for the truck. The only eyewitnesses to the accident were the Scruggins and their 10 year old foster child, Nola Hebert, and Irving Arceneaux. The plaintiffs Joseph Murray Scruggins and Myrtis Carrier Scruggins both testified that the collision occurred in their lane. Arceneaux, the driver of defendant’s truck, testified that the vehicles collided in the west lane of traffic or his lane of traffic.

In its Reasons For Judgment the trial court stated:

“1. That the plaintiffs have proved their case by an overwhelming preponderance of the evidence consisting not only of the testimony of the witnesses presented, but in addition thereto the physical facts clearly substantiate the testimony of plaintiffs’ witnesses.

“2. That Mr. J. A. Boudier, a professional photographer, who had no interest in the outcome of the case, took pictures on October 2nd, 1959, which was the day following the accident. The pictures show the oil spots and other debris from the automobile and when considered with the testimony of other witnesses establishes that the point of impact was in the lane of traffic of the plaintiffs. The Court is of the opinion that the additional oil spots and other debris which appear to be in the opposite lane of traffic establish the location of plaintiff’s automobile after it had been dragged backwards and to the west following the collision.

“3. That the Court is firmly convinced that the survey of Mr. Morgan J. Goudeau, Jr., a Civil Engineer and Surveyor, is correct and particularly correctly reflects the point of impact which discloses that the defendants’ truck hit the plaintiffs’ car in the plaintiffs’ lane of travel.

“4. That the record is clear that the sun was shining and that it was a dry day; that Mr. Ivan ‘Buck’ Ryder ran out immediately after the accident which he testified occurred at about 5 :45 P.M.; that the accident happened right in front of his house; that he was the first person to arrive at the scene of the accident. Without any contradiction he testified that he saw dirt, water, skid marks and oil in the east lane, which would be plaintiffs’ proper lane; that he followed the skid marks which were made entirely by the plaintiffs’ car and which skid marks began in the plaintiffs’ lane of traffic about two (2') feet from the eastern edge of the highway, backwards about twelve (12') feet and to the west to the point where the vehicles were located following the accident.

“The Court is convinced without any doubt that the truck struck the automobile in the plaintiffs’ lane of traffic and dragged the plaintiffs’ automobile about twelve (12') feet towards center of the road and that the reason the front wheel of plaintiffs’ car was in the defendants’ lane of travel is because the truck dragged it there.

“5. That the Court is of the opinion that the place where Mr. Ivan ‘Buck’ Ryder stands in the photographs of Mr. Boudier is the true and correct point of impact.

“6. The Court further observed that on cross examination of Mr. Ryder his testimony was not contradicted in any manner as to the point of impact and physi[371]*371cal evidence and in fact was corroborated by the testimony of Police Officer Melvin McGee and Trooper Doucet.

“7. Mr. Melvin McGee, night policeman of Port Barre, corroborated the testimony of Mr. Ryder relative to the skid marks and testified substantially the same as Mr. Ryder, although he did not see any oil spots. He did see the dirt, pieces of chrome and glass in plaintiffs’ lane of travel.

“8. That this collision was investigated by State Troopers Donald White and Marion Doucet. Trooper White made an investigation of the accident after it had happened but he positively states that he did not determine the point of impact and that he should have done this.

“That Trooper Donald White further stated that the report he made, the night of the accident, was wrong. He further stated that the charge against the plaintiff, Mr. Scruggins, for being on the wrong side of the road was dropped after the investigation of the accident was completed, as it was determined by Trooper Doucet that the point of impact was in Scruggins right lane of travel.

“9. That as indicated hereinabove, on the day after the accident, Trooper Doucet reinvestigated and found that point of impact namely dehris, and oil spots were in the plaintiffs’ lane of travel. He further noted that the skid marks of plaintiffs’ car began at the point of impact in the plaintiffs’ lane of travel and the plaintiffs’ car was dragged back by defendants’ truck about fifteen (15’) feet. He further stated that his report is the official and final report and is the only one filed in Baton Rouge relative to the accident.

“10. The defense put three witnesses on the stand, namely Mr. C. K. Langlinas, a land surveyor, whose testimony was practically worthless. The next witness was Mr. John B. Bosworth, an insurance adjuster for the defendants. The Court was not impressed with his testimony to any degree. He testified he arrived at the scene the morning after the accident and does not know where the impact occurred. The Court is convinced that Mr. J. A.

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Related

Peart v. Slocum
142 So. 2d 421 (Louisiana Court of Appeal, 1962)
Scruggins v. Connecticut Fire Insurance
137 So. 2d 373 (Louisiana Court of Appeal, 1962)

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Bluebook (online)
137 So. 2d 368, 1962 La. App. LEXIS 1544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scruggins-v-connecticut-fire-insurance-lactapp-1962.