Taylor v. Genuine Parts Company

192 So. 2d 241
CourtLouisiana Court of Appeal
DecidedJanuary 20, 1967
Docket2351
StatusPublished
Cited by14 cases

This text of 192 So. 2d 241 (Taylor v. Genuine Parts Company) 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
Taylor v. Genuine Parts Company, 192 So. 2d 241 (La. Ct. App. 1967).

Opinion

192 So.2d 241 (1966)

Cecile LAFLEUR, Wife of/and John L. TAYLOR
v.
GENUINE PARTS COMPANY and Hardware Mutual Casualty Company.

No. 2351.

Court of Appeal of Louisiana, Fourth Circuit.

November 7, 1966.
Rehearing Denied December 5, 1966.
Writ Refused January 20, 1967.

*242 Jerome P. Halford, Metairie, for plaintiffs-appellants.

Gordon F. Wilson, Jr., of Hammett, Leake & Hammett, New Orleans, for defendants-appellees.

Before McBRIDE, REGAN and BARNETTE, JJ.

McBRIDE, Judge.

On July 2, 1963, about 7:45 p. m., an automobile driven by James Hudgins ran into the rear of a car driven by John L. Taylor in which the latter's wife was a passenger and as a result of the collision she allegedly sustained injuries. This is a joint suit brought by Mr. and Mrs. Taylor against Genuine Parts Company, owner of the automobile which Hudgins was driving, and its liability insurer, Hardware Mutual Casualty Company; Mrs. Taylor seeks recovery of damages for her injuries and Mr. Taylor prays for judgment for the damage sustained by his automobile and also for the medical expenses incurred in connection with his wife's injuries.

After a trial on the merits the suit was dismissed and plaintiffs have taken this appeal.

Both vehicles were traveling in an easterly direction on Veterans Memorial Highway in Jefferson Parish, on which the speed limit is 45 miles per hour. Just prior to the accident traffic was stopped for a red light at the intersection of Sena Drive. Both cars were links in a chain of traffic in the extreme lefthand lane of the highway. An unidentified car was first in line, the Taylor vehicle was second and the car Hudgins was driving was third, several other vehicles being behind Hudgins. Other automobiles were in line in the lane to the right. When the traffic light at Sena Drive turned green the first vehicle in the left lane started forward. Taylor accelerated normally and followed the first car, and Hudgins started behind the Taylor vehicle, remained 1½ car lengths to its rear, and maintained approximately the same speed which settled to about 20 to 30 miles per hour. When the vehicles had traveled about 75 to 80 feet after the light had turned green, the Taylor vehicle came to an abrupt stop, or at least slowed to an extremely low rate of speed, five miles per hour or less. The Hudgins car could not be brought to a stop and crashed squarely into the rear of the Taylor automobile. The cause of Taylor's abrupt deceleration of speed was due to the fact that a dog suddenly jumped from a passing car on the right and ran into the path of Taylor's car. Taylor instinctively and immediately applied the brakes.

*243 The petition charges that Hudgins was guilty of negligence which consisted of following too closely, failing to keep a proper lookout, and not keeping his vehicle under proper control. The defendants denied negligence on the part of Hudgins.

Appellants contend that the accident occurred because of the negligent conduct of Hudgins in the above respects in violation of R.S. 32:81(A), which reads:

"The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway."

There is a well established general rule succinctly stated in a syllabus which appears in Crow v. Alesi, La.App., 55 So.2d 16:

"A motorist following other traffic must keep his automobile at a safe distance behind so as to enable him to stop his automobile in a sudden emergency."

We are cited to several cases by counsel for appellants involving rear-end collisions in which the following driver was held negligent and it is contended said cases are pertinent to the issue herein.

Dykes v. Lowrance, La.App., 146 So.2d 171 is inapplicable. While the court in that case held both drivers negligent in a rear-end collision the following motorist was deemed guilty, not for following so closely that he could not stop, but because he was "* * * negligent in not keeping a proper lookout for traffic ahead of him."

In Vienne v. Chalona, La.App., 28 So.2d 154, the lead car driven by Miss Vienne and the car following, operated by Mrs. Streckfus, were stopped at a railroad crossing. When the train had passed and traffic resumed motion, both vehicles proceeded forward. When the lead car had traveled 50 feet it stopped suddenly without warning and was run into by the following car. Counsel contends that the court in holding the following driver negligent did so on the premise that it was because she was driving too closely behind the forward car. The following driver was held to be negligent because she should have anticipated a sudden stop by the car ahead, saying:

"It should have been obvious to Mrs. Streckfus, in view of the general traffic congestion at the crossing, that the Vienne car might be required to come to a sudden stop at any moment. Therefore, she should have had her car under such control that it could have been stopped immediately. * * *"

Burns v. Evans Cooperage Co., 208 La. 406, 23 So.2d 165, was decided on facts vastly different from those before us. Therein the court held that the driver of an automobile overtaking another from the rear must exercise a "great deal" of care, must keep a safe distance behind, and must have his automobile under such control as to avoid injury to the automobile ahead.

In Murray v. Shreveport Transit Company, La.App., 188 So.2d 710, an automobile was followed closely by defendant's trolley. At an intersection the signal light was red, whereupon both vehicles were brought to a stop with the trolley being a few feet to the rear of the automobile. Upon a change of lights to a favorable signal, the automobile proceeded into the intersection about a car's length, when its motor began to sputter, slow down and stop. The car was struck from the rear by the trolley and knocked several feet forward. The court held the trolley operator guilty of negligence commenting:

"To start from `stop' and proceed slowly, followed by a reduction in such speed, or even a complete stoppage in a distance of a car's length, could not be correctly said to be sudden or to constitute an emergency to a following vehicle operating at a proper speed and at a safe distance to the rear." (Italics ours).

*244 In Max Barnett Furniture Co. v. Barrosse, La.App., 70 So.2d 886, which was not cited by appellants, our predecessors held the following driver guilty of negligence in crashing into the lead car which was abruptly stopped due to its driver's negligence. There was only an interval of about 10 to 15 feet between the vehicles during a heavy rain on a very slippery street with an abnormally high wind prevailing.

In Ray v. State Farm Mutual Automobile Insurance Co., La.App., 152 So.2d 566, another case not cited, the following driver was held guilty of concurrent negligence in a rear-end collision because the court was of the opinion he should have anticipated a stop by the forward vehicle. The court said that both drivers were "* * * fully aware that the underpass afforded a darkened passageway, in the bottom of which was usually standing water."

The clear distinction between the facts in the above cases and those attending the instant case should at once be perceived.

In Hill v. Knight, La.App., 163 So.

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Bluebook (online)
192 So. 2d 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-genuine-parts-company-lactapp-1967.