Toomer Electrical Co., Inc. v. Humble Oil & Refin. Co.

321 So. 2d 827
CourtLouisiana Court of Appeal
DecidedJanuary 16, 1976
Docket10417
StatusPublished
Cited by7 cases

This text of 321 So. 2d 827 (Toomer Electrical Co., Inc. v. Humble Oil & Refin. 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
Toomer Electrical Co., Inc. v. Humble Oil & Refin. Co., 321 So. 2d 827 (La. Ct. App. 1976).

Opinion

321 So.2d 827 (1975)

TOOMER ELECTRICAL COMPANY, INC.
v.
HUMBLE OIL AND REFINING COMPANY et al.

No. 10417.

Court of Appeal of Louisiana, First Circuit.

September 2, 1975.
Rehearing Denied November 24, 1975.
Writ Refused January 16, 1976.

*828 Walton J. Barnes, Baton Rouge, for plaintiff Toomer Electrical Co., Inc., appellant.

Robert J. Jones, Baton Rouge, for defendant Dept. of Highways, State of La., Appellee.

Allen J. Bergeron, Jr., Baton Rouge, for defendant Derral Deen Walker, appellee.

Robert L. Kleinpeter, Baton Rouge, for defendant Edwin Edwards, appellee.

Wallace A. Hunter, Baton Rouge, for defendant Humble Oil & Refining Co., appellee.

Horace C. Lane, Baton Rouge, for defendants E. N. Edwards & State Farm Mutual Auto. Ins. Co., appellees.

John F. McKay, Baton Rouge, for defendant Julia Calvaruso, Indv. and on behalf of her minor son, Joseph Calvaruso, appellee.

Before SARTAIN, CONVINGTON and BARNETTE, JJ.

COVINGTON, Judge:

This case, together with cases numbered 10418, 10419, 10420, 10421, 10422, and 10423 (bearing numbers 148369, 148878, 150269, 151740, 152165, 153437, and 153455 in the trial court) were consolidated in the lower court for purposes of trial and also were consolidated and argued simultaneously in this court. Separate judgments shall be rendered herein.

The trial court handed down excellent written reasons for judgment and we will quote extensively therefrom with approval, as follows:

"These seven consolidated cases arose from a series of events occurring on December 23, 1970, about 6:00 to 6:30 p.m. on 1-110 between Choctaw Drive and Twenty-second Street. The undisputed facts are these.

"Mrs. Carol Clark Madigan Dupuy Knickerbocker, driving a 1964 Oldsmobile southward on 1-110 after dark and in a hard rain, with Pat Adams as a guest passenger, had a one-car accident, running into the east or left curb and/or rail. A wrecker driven by Willie Lee came by and stopped. A period of discussion and negotiation estimated at from 5 to 15 minutes ensued. Edwin N. Edwards in a 1969 Pontiac and Derral D. Walker driving a Mack truck and a tandem trailer loaded with 9,000 gallons of gasoline entered 1-110 at Wyandotte with an undetermined but short interval between them. Edwards was driving in the middle lane. It is disputed as to whether Walker was in the middle or right-hand lane. The sequence of the collisions is disputed but there were collisions between the Pontiac and the Oldsmobile and between the Pontiac and the Mack truck. The latter went out of control and broke through the east or lefthand rail and the gasoline ignited. Both Walker and Edwards were seriously injured; extensive damage was done to the highway and to electrical work being done by Toomer Electrical Company, Inc.; the Mack truck and the Pontiac were total losses; and Mrs. Calvaruso, who lived on Pocohontas Street near the scene, claims burns and mental injuries.[1]

"In Suit Number 148,369, plaintiff, Toomer Electrical Company, Inc., seeks recovery of $6,953.57 from Humble Oil and Refining Co. (now Exxon), Hartford Accident and Indemnity Company, State *829 Farm Mutual Automobile Insurance Company, Allstate Insurance Company, Carol Clark Madigan Dupuy Knickerbocker, Edwin N. Edwards, Derral Deen Walker, Pat Adams and Willie Lee for repairs to the lighting system it was engaged in installing on the Baton Rouge Interstate routes. The claim against Willie Lee was voluntarily dismissed. The claims against Hartford Accident and Indemnity Company and Allstate Insurance Company were dismissed on motions for summary judgment. Evidently, Mrs. Knickerbocker and Pat Adams were never served. State Farm as an employer of Edwards, was relieved on a motion for summary judgment, remaining in the suit, however, as the insurer of Edwards.

"In Suit Number 148,878, the Department of Highways of the State of Louisiana seeks recovery of $206,739.71, from Humble Oil and Refining Company (now Exxon), State Farm Mutual Automobile Insurance Company, Hartford Accident and Indemnity Company, Carol Clark Madigan Dupuy Knickerbocker, Edwin N. Edwards, Derral Deen Walker, Pat Adams and Willie Lee for repairs made to Interstate 110 after the accidents and fire herein sued upon. Hartford Accident and Indemnity Company was dismissed on a motion for summary judgment. Willie Lee was voluntarily dismissed. Mrs. Knickerbocker and Mr. Adams were never served. State Farm, as the employer, but not as the insurer, was relieved on a motion for summary judgment.

"In Suit Number 150,269, Derral Deen Walker seeks recovery in the amount of $25,360.00 for injuries and damages from Hartford Accident and Indemnity Company, State Farm Mutual Automobile Insurance Company, Carol Clark Madigan Dupuy Knickerbocker, Edwin N. Edwards, Pat Adams and Willie Lee. Hartford was released on a motion for summary judgment. Willie Lee was voluntarily dismissed. Pat Adams was evidently never served. Issue was never joined as to Mrs. Knickerbocker.

"In Suit Number 151,740, Edwin N. Edwards seeks recovery of $89,000.00 for personal injuries and damages from Humble Oil and Refining Company (now Exxon), Hartford Accident and Indemnity Company, Carol Clark Madigan Dupuy Knickerbocker, Derral Deen Walker and Willie Lee. Hartford was dismissed on a motion for summary judgment. Willie Lee was voluntarily dismissed. Mrs. Knickerbocker was never served.

"In Suit Number 152,165, Humble Oil and Refining Company (now Exxon) seeks recovery of $26,585.00 for damages from State Farm Mutual Automobile Insurance Company both as the employer and the insurer of Edwin N. Edwards, Edwin N. Edwards, Carol Clark Madigan Dupuy Knickerbocker, Willie Lee and Hartford Accident and Indemnity Company. State Farm was relieved in the capacity of employer of Edwards, but not as his insuror (sic), on a motion for summary judgment as was Hartford Accident and Indemnity-Company. Willie Lee was voluntarily dismissed. Mrs. Knickerbocker was never served.

"Suit Number 153,437, is by State Farm Mutual Automobile Insurance Company against Humble Oil and Refining Company (now Exxon), Hartford Accident and Indemnity Company, Carol Clark Madigan Dupuy Knickerbocker, Derral Deen Walker, and Willie Lee, seeking recovery of $2,182.51 for the amount it has lost because of its insurance on the vehicle of Edwin N. Edwards. Hartford was dismissed on a motion for summary judgment. Willie Lee was voluntarily dismissed. Mrs. Knickerbocker was never served.

"In Suit Number 153,455, Mrs. Julia Calvaruso seeks damages for herself and her minor son, Joseph Calvaruso, in the amount of $15,000.00, from Humble Oil and Refining Company (now Exxon), State *830 Farm Mutual Automobile Insurance Company, Hartford Accident and Indemnity Company, Carol Clark Madigan Dupuy Knickerbocker, Edwin N. Edwards, Derral Deen Walker, Pat Adams and Willie Lee. Mrs. Knickerbocker and Mr. Adams were never served. Hartford Accident and Indemnity Company was dismissed on a motion for summary judgment. Willie Lee was voluntarily dismissed.

"The negligence of Willie Lee and Carol Knickerbocker will not be considered and the facts involving them will not be adduced except as needed to explain the other facts.

"The Knickerbocker car was life in its disabled condition facing not quite directly into the curb on the left side with the left southbound lane completely blocked and the middle lane intruded into by the rear and by at least two or three feet. There were no street lights in that area at the time and there was a downpour of rain.

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Related

Toomer Electrical Co. v. Humble Oil & Refining Co.
325 So. 2d 280 (Supreme Court of Louisiana, 1976)
Department of Highways v. Humble Oil & Refining Co.
321 So. 2d 833 (Louisiana Court of Appeal, 1975)
Walker v. State Farm Mutual Automobile Insurance
321 So. 2d 833 (Louisiana Court of Appeal, 1975)
Edwards v. Humble Oil & Refining Co.
321 So. 2d 834 (Louisiana Court of Appeal, 1975)
Humble Oil & Refining Co. v. State Farm Mutual Automobile Insurance
321 So. 2d 834 (Louisiana Court of Appeal, 1975)
State Farm Mutual Automobile Insurance v. Humble Oil & Refining Co.
321 So. 2d 835 (Louisiana Court of Appeal, 1975)
Calvaruso v. Humble Oil & Refining Co.
321 So. 2d 835 (Louisiana Court of Appeal, 1975)

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Bluebook (online)
321 So. 2d 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toomer-electrical-co-inc-v-humble-oil-refin-co-lactapp-1976.