Tyler v. United States Casualty Co.

127 So. 2d 804, 1961 La. App. LEXIS 1847
CourtLouisiana Court of Appeal
DecidedMarch 6, 1961
DocketNo. 198
StatusPublished
Cited by2 cases

This text of 127 So. 2d 804 (Tyler v. United States Casualty 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
Tyler v. United States Casualty Co., 127 So. 2d 804, 1961 La. App. LEXIS 1847 (La. Ct. App. 1961).

Opinion

FRUGE, Judge.

This is an action to recover damages for injuries sustained in an automobile accident. The plaintiffs are Rufus Tyler, Clara Mae Tyler and Ellis (sometimes spelled “Elious”) Tyler. The defendants are Albin J. Segura and his public liability insurer, United States Casualty Company.

The District Court rendered judgment against the defendants and in favor of the plaintiffs in the following amounts:

Rufus Tyler $ 200.00
Clara Mae Tyler 250.00
Ellis Tyler, loss of eye 6,000.00
special damages 87.00

The plaintiffs have appealed to this Court asking an increase in quantum. The [805]*805defendants have also entered a suspensive appeal.

A thorough study of the record reveals only one serious issue, namely, what is the value of the loss of his left eye to Ellis Tyler, insofar as an award of money can compensate for same?

Ellis Tyler is 30 years old, a semi-skilled workman earning about $250 per month before the injury.

On September 8, 1957, the three plaintiffs, Rufus Tyler, Clara Mae Tyler and Ellis Tyler were guest passengers in a 1956 Ford automobile which was proceeding East on U. S. Highway 90 approaching the city limits of New Iberia, Louisiana. The vehicle was being driven by one Vernon Bell Smith. Ellis Tyler and Clara Mae Tyler were husband and wife and Ellis was the son of Rufus Tyler. All of the plaintiffs as well as Smith, the driver, were colored and as of the date of the accident, they were residents of Beaumont, Texas. The purpose of the trip was to visit some of the Tylers’ relatives who lived in New Iberia.

According to the testimony of Smith, the driver, the Ford automobile was traveling at approximately 55 miles per hour or some five miles below the lawful highway speed limit.

Suddenly, a Lincoln automobile driven and owned by the defendant, Albin Segura, pulled out from the Segura driveway and turned in the direction of New Iberia. Smith testified that when the Lincoln pulled out in front of him, he was approximately 60 feet from it. Smith did his best to dodge the Lincoln and apply his brakes, but he was unable to avoid the collision.

According to the testimony of the defendant, Albin Segura, he had stopped in his driveway before entering the highway, and upon looking towards the west, he saw two vehicles coming from the direction of Lafayette and proceeding east. While the two vehicles he saw were some distance apart, the second vehicle, (which he later learned was a Ford driven by Smith) was proceeding at a more rapid rate of speed and was closing the distance between it and the first vehicle. Segura testified that he waited until the first vehicle had passed and then pulled out as quickly as possible, without looking at the second vehicle after the first had passed.

The Ford struck the rear of the Lincoln and the impact of the collision inflicted certain personal injuries on the plaintiffs, these being as follows:

(1) Ellis Tyler — bruises about the head and chest, laceration of the left eye lid and blow to the left eye, resulting in a detachment of the retina and loss of sight in the left eye.
(2) Clara Mae Tyler — bruises of the body and a laceration of the right leg.
(3) Rufus Tyler — laceration of the scalp, small laceration on the bridge of the nose, small laceration on the lid of one eye, general bruises and contusions, and stiffness of the neck.

After trial on the merits, the lower Court found that Albin Segura was guilty of negligence and that his negligence was the proximate cause of the accident. Damages were awarded to the plaintiffs as set forth above.

The trial court in its written reasons for judgment said:

“The defendants in their answer deny any negligence on the part of defendant, Albin Segura, who was the driver of one of the automobiles in the alleged collision and, in the alternative, set up two separate defenses, firstly, contributory negligence on the part of the plaintiffs and, secondly, that plaintiffs were on a joint venture with the driver- of the automobile in which they were riding when the alleged accident occurred and, consequently, any negligence on the part of the driver of the [806]*806automobile in which they were riding is imputable to them.
“It is my considered opinion that by a preponderance of the evidence Albin Segura was guilty of negligence, and that his negligence was the proximate cause of the accident. His own testimony establishes negligence on his part. On the other hand, defendants have failed to prove by a preponderance of the evidence that Vernon Bell Smith, the driver of the automobile in which plaintiffs were riding at the time of the accident, was negligent. It would appear from the evidence that he was suddenly confronted with an emergency created by Albin Segura and that he did about all that he could do to avoid the accident.
“In view of my conclusions above expressed, it becomes unnecessary for me to consider the law and jurisprudence on the effect of contributory negligence and joint venture.
“The testimony offered at the trial of this case has not been transcribed and it would therefore serve no useful purpose for me to attempt a detailed analysis thereof. However, I will say, briefly, that Albin Segura testified that some very short time before the accident he came to a stop in his driveway which is contiguous to Highway 90. He then looked to see if there were any automobiles on the highway. He saw two automobiles traveling in an easterly direction, one approximately six hundred (600) feet away from him and the other approximately eighteen hundred (1800) feet away, and that the latter seemingly was traveling faster than the one ahead of it and consequently, shortening its distance from the first automobile. Mr. Segura allowed the first automobile to pass and then proceeded on to the highway from a stopped position to enter the lane of traffic of the oncoming car in which plaintiffs were riding without again looking to see how close it was then from the point at which he entered the highway.
“I find nothing in the evidence which proves that Vernon Bell Smith was driving at a speed in excess of the speed limit which is at the point where the two cars collided, sixty (60) miles per hour. Vernon Bell Smith testified that he was traveling approximately fifty-five (55) miles per hour. Some evidence was offered to show that possibly Vernon Bell Smith was fatigued and, possibly, he had indulged in alcoholic drinks and that accordingly, he was not in the best condition to undertake to drive the automobile he was driving. However, the facts of the accident do not bear this out. It would appear that once he was confronted with the emergency he did about all that he or anyone else could have done under the circumstances.
“I will now consider the question of damages.
“The injuries sustained by Rufus Tyler were, according to the preponderance of the evidence, minor. His testimony to the effect that he had to miss two weeks of work as the result thereof was not sustained.

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Cite This Page — Counsel Stack

Bluebook (online)
127 So. 2d 804, 1961 La. App. LEXIS 1847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyler-v-united-states-casualty-co-lactapp-1961.