Simms v. Sims

181 So. 2d 449, 1965 La. App. LEXIS 3783
CourtLouisiana Court of Appeal
DecidedDecember 21, 1965
DocketNo. 6505
StatusPublished
Cited by2 cases

This text of 181 So. 2d 449 (Simms v. Sims) 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
Simms v. Sims, 181 So. 2d 449, 1965 La. App. LEXIS 3783 (La. Ct. App. 1965).

Opinion

LANDRY, Judge.

This appeal is by defendants, Lottie H. Sims and her liability insurer, New York Fire and Marine Underwriters, Inc., from a judgment rendered against them for personal injuries, incidental medical expense and property damages, in favor of plaintiffs, Roy Simms and Earline Morgan Simms, resultant from an intersectional automobile collision in the City of Baton [451]*451Rouge. Petitioners have not answered defendants’ appeal.

Involved in the accident were vehicles driven by petitioner, Earline Morgan Simms, and defendant, Lottie H. Sims, sometimes referred to hereinafter as “plaintiff” and “defendant”, respectively, to avoid possible confusion due to the similarity of their individual surnames.

Appellants readily concede the negligence of defendant driver but resist plaintiffs’ recovery on the ground of contributory negligence. Alternatively, defendants maintain the award of $1,000.00 to plaintiff, Earline Morgan Simms, for personal injuries is excessive and should be reduced.

The accident in question occurred at approximately 8:00 A.M., March 6, 1964, at the intersection of East Washington and Braddock Streets, which junction is attended by rather unusual physical characteristics as will hereinafter appear. The events and circumstances culminating in the mishap are not in dispute — only the legal conclusions to be drawn from them are in contention herein.

Plaintiff was proceeding eastward on East Washington Street while defendant was driving south on Braddock Street. The junction of the two thoroughfares forms what is commonly referred to as a “T intersection” with East Washington Street being the through roadway and enjoying superiority over Braddock Street, which latter avenue of travel converges from the north with and ends at the former. Southbound traffic entering East Washington from Braddock is controlled by a stop sign requiring all motorists to yield the right of way to vehicles proceeding either easterly or westerly on East Washington Street. A schematic drawing of the scene, introduced in evidence as the joint offering of both plaintiffs and defendants, shows Braddock Street to be 24 feet in width and indicates the width of East Washington Street to be 39 feet. A neutral ground of unspecified width occupies the center of East Washington Street commencing a few feet east of the intersection and from thence extends easterly a distance of 88 feet. At the eastern end of the aforesaid neutral ground is a traffic signal controlling the vehicular movement at the intersection of East Washington Street with an expressway entrance to the north of East Washington Street and Kentucky Street to the south thereof. An undetermined distance west of the intersection of Braddock and East Washington Streets is situated another “T intersection”, formed by the confluence of East Washington Street and Georgia Street which latter avenue of travel extends southerly from the former. While the record does not establish the precise distance between the west parallel of Braddock Street to the north of East Washington and the east parallel of Georgia Street to the south, the aforementioned sketch indicates an offset or dog-leg so slight that for all practical purposes these streets may be regarded as extensions of a single roadway. West of Braddock Street, East Washington appears as a normal width two lane street with no neutral ground. Easterly from the west parallel of Braddock Street, East Washington appears to be four lanes in width.

According to the investigating officer the point of collision was 57 feet east of the east parallel of Georgia Street, 10 feet north of the south curb of East Washington Street, and 30 feet south of the north curb of East Washington Street. (The foregoing distances appear to establish that East Washington Street is 40 feet wide rather than 39 feet as indicated on the hereinbefore mentioned sketch.) Inasmuch as the distance from Georgia Street to the west parallel of Braddock Street is not shown, the distance from the point of impact to the east parallel of Braddock Street as well as to the west end of the neutral ground cannot be ascertained with certainty. It appears, however, from the sketch in evidence, the collision occurred a few feet east of the east parallel of Braddock Street near the west end of the neutral ground.

[452]*452Defendant, proceeding south on Braddock Street and desiring to turn left to proceed easterly on East Washington, stopped at the stop sign when the traffic signal to her left at the intersection of East Washington and Kentucky was favorable for movement of traffic on East Washington Street. When the signal indicated a stop for traffic upon East Washington Street, defendant proceeded at an angle toward her left across the westbound lanes of travel on East Washington, the right front of her automobile striking the left side of plaintiff’s vehicle on its door and rear panel as plaintiff’s automobile was traveling in the eastbound lane at a speed between 10 and 20 miles per hour. Defendant stated that when she observed the signal turn red indicating a stop for traffic upon East Washington, she construed this as a signal for her to enter the favored street. She further stated that she looked to her right before entering the intersection but did not see any eastbound vehicles. She concedes she did not observe plaintiff’s vehicle until just before the impact.

In substance plaintiff testified she had stopped for a traffic light on Washington one block west of Braddock Street, and when the light changed resumed her easterly progress in a line of traffic. Plaintiff further stated she was intent upon observing proceeding traffic when, just prior to the collision, she noted defendant’s automobile approaching from the left, and the collision occurred immediately thereafter. According to plaintiff, at the time of the accident the light ahead at the intersection of Kentucky Street was green and “all the other cars were moving and so was I.” She maintained her speed was between 10 and 20 miles per hour.

Esteemed counsel for appellant argues plaintiff was contributorily negligent “in failing to keep a proper lookout; in failing to see what she could have and should have seen; and in failing to bring her vehicle to a stop which would have avoided this collision entirely.” In support of his contention learned counsel for appellant cites Deshotels v. Southern Farm Bureau Cas. Ins. Co., 245 La. 23, 156 So.2d 465 and McCandless v. Southern Bell Telephone & Tel. Co., 239 La. 983, 120 So.2d 501, which hold a motorist is not absolved from liability because of his failure to see what he could have seen by the exercise of due diligence, and that a motorist’s duty to look ahead and observe never ceases. Also relied upon by illustrious counsel is the following rule as stated in Belshe v. Gant, 235 La. 17, 102 So.2d 477:

“Under the last clear chance doctrine as enunciated by Louisiana jurisprudence, a motorist who observes or who should by the exercise of reasonable care have observed another in a position of peril may be held responsible for injuries caused by an ensuing collision with the other despite any contributory negligence on the part of the latter if, after the duty to make such observation arose, the motorist could reasonably have avoided the accident. Cassar v. Mansfield Lbr. Co., 215 La. 533, 41 So.2d 209, Jackson v. Cook, 189 La. 860, 181 So. 195, Rottman v. Beverly, 183 La. 947, 165 So. 153; Cf., Russo v. Texas & P. Ry. Co., 189 La. 1042, 181 So. 485.”

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181 So. 2d 449, 1965 La. App. LEXIS 3783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simms-v-sims-lactapp-1965.