Sevin v. Diamond M Drilling Co.

261 So. 2d 375, 1972 La. App. LEXIS 6570
CourtLouisiana Court of Appeal
DecidedApril 17, 1972
DocketNo. 8793
StatusPublished
Cited by7 cases

This text of 261 So. 2d 375 (Sevin v. Diamond M Drilling 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
Sevin v. Diamond M Drilling Co., 261 So. 2d 375, 1972 La. App. LEXIS 6570 (La. Ct. App. 1972).

Opinion

BLANCHE, Judge.

Plaintiffs, Webster J. Sevin, individually and on behalf of his minor son, Rory Sev-in, and Lena L. Sevin, filed this suit to recover damages resulting from an automobile accident which occurred on February 23, 1969, on Louisiana Highway 55 near the junction of a small farm-to-market road known as the Hope Farm Road. Plaintiff, Webster J. Sevin, was driving his 1965 Buick in a northerly direction on said highway from Montegut toward Hou-ma, Louisiana. His wife, Lena L. Sevin, and his minor son, Rory Sevin, were passengers in the automobile. Approximately four miles north of Montegut, Louisiana, plaintiff driver overtook and attempted to pass a slower-moving 1964 Chevrolet owned by Diamond M Drilling Company and operated by Diamond M employee, Kemo Toloudis. While this passing maneuver was taking place, the Diamond M vehicle pulled out and also attempted to pass another vehicle ahead of it, resulting in a collision between the Seviñ and Diamond M vehicles. In the collision the left rear bumper of the Diamond M vehicle became hooked to the right front fender of the plaintiffs’ vehicle, causing the Diamond M vehicle to drag plaintiffs’ car along with it and off the highway onto the shoulder where the vehicles finally became separated. Plaintiffs’ car was then thrown off the shoulder striking an embankment and injuring all three occupants.

Plaintiffs filed suit against Kemo To-loudis, Diamond M Drilling Company and its liability insurer, Argonaut-Southwest Insurance Company. Defendants answered and filed a third party demand against Firemen’s Insurance Company of Newark, New Jersey, alleging alternatively that in the event Kemo Toloudis was found guilty of negligence, then Webster J. Sevin, Lena L. Sevin and Rory Sevin were guilty of contributory negligence and asking for contribution.

After trial, judgment was rendered in favor of plaintiff, Webster J. Sevin, for [377]*377$1,317.05; in favor of plaintiff, Webster J. Sevin, as administrator of the estate of his minor son, Rory Sevin, for $45.00; and in favor of plaintiff, Lena L. Sevin, for $8,562.98, against all three defendants. In an amended judgment the demands of third party plaintiffs were dismissed and judgment was rendered for third party defendant, Firemen’s Insurance Company of Newark, New Jersey.

Defendants (and third party plaintiffs) have suspensively appealed, and appellees have answered the appeal seeking an increase in the award to plaintiff, Lena L. Sevin.

Appellants contend the trial court erred (1) in finding that the junction of the Hope Farm Road with Louisiana Highway 55 was not an intersection, (2) in finding that Kemo Toloudis was guilty of negligence proximately causing the accident, (3) in finding that Webster Sevin was not guilty of negligence which proximately caused the accident, and (4) in awarding to Lena L. Sevin, or to any plaintiff, lost wages in the amount of $562.98.

The trial court in a well-written opinion made the following factual findings which establish the cause in fact of the accident and disposes of appellants’ second specification of error:

“ * * * On February 23rd, 1969, a Sunday,'at about 3:00 P.M., Mr. Webster J. Sevin, accompanied by his wife, Lena L. Sevin and their minor son, Rory were traveling in a Northerly direction along highway 55, generally known as the Bourg-Montegut highway. The defendant, Kemo Toloudis, alone and driving his employer’s vehicle was traveling in the same direction as the Sevin automobile and just ahead of the Sevin automobile.
“The testimony is quite clear that ahead of the car driven by Kemo To-loudis was another automobile. So prior to the accident and in a long curve were the three automobiles following each other. There is no question that each was traveling at or below the posted speed limits. Throughout the curve there was painted on Highway yellow markings indicating to traffic that northbound vehicles were prohibited from making passing maneuvers.
“The uncontradicted testimony is to the effect that upon having negotiated the long curve and having passed beyond the yellow line on Highway 55, Mr. Sev-in turned into the left lane of traffic, blew his horn,1 accelerated his automobile to pass the vehicle driven by Kemo Toloudis and had arrived at a point where the front of his automobile was even with the front door of the Toloudis automobile when Toloudis began a left turning maneuver that brought his automobile into the lane of traffic being travelled in by the Sevin automobile. The Toloudis automobile struck the Sev-in automobile although Mr. Sevin took evasive action by pulling to his left and slowing down. The Toloudis automobile accelerated and as it did, its rear bumper caught the right front part of the Webster Sevin automobile hooking it such [378]*378that the Toloudis vehicle was pulling the Sevin automobile.
“As a direct result of the hooking of the Sevin automobile with the rear bumper of the Toloudis automobile, the Sevin automobile was forced to drive upon the narrow shoulder of the highway and then onto an area between Bayou Terrebonne and the highway and there struck a hill or embankment causing injuries to Mrs. Sevin, Rory and Mr. Sevin. Rory and Mr. Sevin’s injuries were negligible.
“Mr. Toloudis admits that he had a side mirror on the automobile he was driving, however, he did not look at it prior to making his left turning maneuver. He admits looking into the rear view mirror inside the automobile and saw nothing behind him, although he did recall having seen an automobile to his rear shortly before.
******
“This Court concludes that the conduct of Kemo Toloudis in not exercising a proper lookout and making a left turn at a time when it was unsafe to make this maneuver is a proximate cause of the collision. Since it was stipulated that he was at all times pertinent to the matter acting in the course and scope of his employment, his negligence is imputed to his employer, Diamond M Drilling Company, whose insurer is Argonaut Insurance Company.” (Reasons for Judgment, Record, pp. 256, 257)

The factual situation thus presented is that of a motorist traveling in a line of traffic who suddenly and abruptly moved from the driving lane into the passing lane at a time when it was unsafe to do so because of the presence of an overtaking vehicle. In such a case we deem it to be negligence for a motorist traveling under such conditions to attempt to pass the motorist in front of him without first ascertaining that the maneuver can be made without endangering either oncoming or following traffic, the latter being the case here. A comparable situation is presented where the overtaken motorist attempts a left turn when it is unsafe to do so because of the presence of overtaking traffic. Jacobs v. State Farm Mutual Automobile Insurance Company, 191 So.2d 908 (La.App. 1st Cir. 1966). Also comparable is the situation of a motorist changing lanes on a multi-lane highway without regard to following traffic. Blanchard v. Hardware Mutual Casualty Company, 153 So.2d 517 (La.App. 1st Cir. 1963). The rule common to these cases seems to be that movements to the left across or into a traffic lane where normal passing is permitted should not be made without first ascertaining that such a maneuver can be executed safely and without danger to normal overtaking traffic. We, therefore, find that the trial court’s judgment in this regard is correct.

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Bluebook (online)
261 So. 2d 375, 1972 La. App. LEXIS 6570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sevin-v-diamond-m-drilling-co-lactapp-1972.