Vallot v. Camco, Inc.

396 So. 2d 980, 1981 La. App. LEXIS 3771
CourtLouisiana Court of Appeal
DecidedMarch 11, 1981
DocketNo. 8083
StatusPublished
Cited by2 cases

This text of 396 So. 2d 980 (Vallot v. Camco, Inc.) 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
Vallot v. Camco, Inc., 396 So. 2d 980, 1981 La. App. LEXIS 3771 (La. Ct. App. 1981).

Opinion

DOMENGEAUX, Judge.

This suit for damages arise from an automobile accident which occurred in a light rain on January 3, 1979, at about 6 P.M. in Vermilion Parish. Plaintiff, Elite Vallot, was negotiating a left turn into her daughter’s driveway from Highway 167 between Abbeville and Maurice, when her 1977 Buick was violently struck by a pickup truck attempting to pass her. The 68 year old Mrs. Vallot suffered serious injuries as a result of the accident.

The pickup truck which struck plaintiff’s car was driven by Kenneth E. Combs, owned by Cameo, Inc., and insured by North-West Insurance Co. Combs, Cameo, and North-West were named as defendants in this suit filed by Mrs. Vallot to recover damages for personal injuries, medical expenses, lost wages, and property damage sustained as a result of the accident.

Following a non-jury trial held February 20 and 22, and May 20, 1980, the district judge found that the accident was caused by the negligence of the defendant Combs and awarded plaintiff general damages of $65,000.00, special damages of $17,800.06, and lost wages of $15,000.00. Accordingly, [982]*982the judge signed the judgment against all defendants, Combs, Cameo, and NorthWest, jointly, severally, and in solido in the amount of $97,800.06 at 7% interest from March 7, 1979. Defendants have appealed. We affirm.

NEGLIGENCE

The duties and rights of a left-turning motorist with respect to overtaking traffic were set forth by this Court in Petite v. Richardson, 347 So.2d 23 (La.App. 3rd Cir. 1977), and were reiterated in Aetna Insurance Company v. Southern Farm Bureau Casualty Insurance Company, 347 So.2d 924 (La.App. 3rd Cir. 1977) as follows:

“It is well established in the jurisprudence of this state that a motorist who attempts to make a left turn from a public highway is required to ascertain in advance that the way is clear and that the turn can be made safely and without endangering overtaking or oncoming traffic. The failure of a left turning motorist to make such a determination and to exercise the required degree of caution before undertaking to make such a turn constitutes negligence. Sonnier v. Hardware Mutual, 242 So.2d 900 (La.App. 3rd Cir. 1971). The duty of the left turning motorist is two-fold, first to give a proper signal, and secondly to make proper observation that the turn can be made without endangering oncoming or overtaking vehicles. Bamburg v. Nelson, 313 So.2d 872 (La.App. 2nd Cir. 1975).
It is likewise well established that a motorist in judging whether a left turn can be made in safety has the right to assume that the following traffic will observe all the duties imposed upon it by law and common sense and is keeping a proper lookout. Faulkner v. Ryder Tank Lines, Inc., 135 So.2d 494 (La.App. 2nd Cir. 1961) writs denied February 2, 1962; Worley v. Heinen, 280 So.2d 301 (La.App. 1st Cir. 1973) writs refused September 14, 1973.”

Based upon the testimony of the eyewitnesses who were following Mrs. Val-lot, and upon the above principles of law, we believe the issue of negligence is easily decided in plaintiff’s favor.

Shortly before this accident occurred, Mrs. Vallot, Combs, and several eyewitnesses were located about two miles north of Abbeville and were slowly traveling north in their respective automobiles towards Maurice on Highway 167, a two-lane highway. It was not completely dark, but most of the vehicles, including those driven by Mrs. Vallot and by Combs, had their headlights turned on.

Following Mrs. Vallot was Alfred Bousta-ny, a 26 year old attorney who was driving a small car. He testified he was 20 to 30 feet behind plaintiff when she began her left turn. He had contemplated passing Mrs. Vallot because she was driving so slowly, but reconsidered when he saw her left turn signal begin to flash 100 to 150 feet before she began her left turn. He first became aware of Combs’ pickup truck when it was even with his car. He estimated Combs was traveling 65 to 70 miles per hour in a 55 mile per hour speed zone, while his own speed he estimated to be 35 miles per hour just before the accident.

Ten feet behind Boustany’s vehicle was a 1958 rice truck being driven by Jeffery Faulk, 18. Faulk recalled seeing plaintiff’s left turn signal begin blinking about 200 feet from the accident site. His view was not obstructed by Boustany’s vehicle because he could see over the top of the smaller car ahead of him. According to Faulk, plaintiff had already begun her left turn when the defendant passed him by at a speed in excess of 55 miles per hour.

Fifty feet behind Faulk’s rice truck was 18 year old Cordell Broussard, who was driving a 1975 Chevrolet Caprice Classic. Broussard testified that Combs was trailing his Caprice by 20 to 30 feet when the defendant pulled into the left lane to begin his passing maneuver. He estimated defendant’s speed at 60 to 65 miles per hour. Broussard was unable to see whether Mrs. Vallot had her left turn signal on because his view was obstructed by Faulk’s rice truck, but he did witness the accident because it occurred in the left lane.

[983]*983Kenneth Combs testified that he was only IV2 to 2 car lengths away, or about even with Boustany’s automobile, when plaintiff began turning left. The front end of her car had just cleared the left edge of the paved portion of the highway, and was pointed directly at the driveway, when he smashed into her car at 65 miles per hour, propelling both vehicles into the ditch next to the west or left-hand shoulder of the highway. Evidentiary photographs vividly reveal that plaintiff’s car was struck in the middle of the driver’s side. Additionally, Combs testified that a light rain had been falling, that he had consumed three beers within an hour or two of the accident and that he began his passing maneuver despite the presence of a solid yellow line in the northbound lane of traffic. Combs acknowledged that the solid yellow line meant that passing was prohibited at that point.

Lona Sellers, plaintiff’s daughter and a passenger in the front seat of plaintiff’s car, testified that her mother had just begun to turn when she (Lona) turned around to wake up her two small sons, who were sleeping on the back seat of plaintiff’s car. She saw defendant’s truck bearing down on her mother’s car when it was about five car lengths away. However, she did not say whether she told her mother she saw the truck. She also testified that her mother put her left turn signal on about six feet before the driveway.

Plaintiff testified that she activated her left turn signal well before the point at which she intended to turn. Before she began her turn, she came to a complete stop, looked to her rear but saw no one attempting to pass, and then proceeded to turn into her daughter Lona’s narrow driveway when the truck hit her side of the car. She never saw the truck. From that point, she said, she remembered nothing until about February 7, 1979, two weeks after she had been discharged from the hospital.

Each party expended considerable energy and effort in an attempt to prove or disprove the presence of a solid yellow line in the northbound lane at the point of the accident and at the time of the accident. Most of the eyewitnesses, including the defendant Combs, remembered seeing a solid yellow line in the northbound lane. The defendant introduced photographs of the accident scene taken by an insurance adjuster three days after the accident occurred.

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Related

Vallot v. Camco, Inc.
401 So. 2d 992 (Supreme Court of Louisiana, 1981)
Bize v. Boyer
402 So. 2d 110 (Louisiana Court of Appeal, 1981)

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Bluebook (online)
396 So. 2d 980, 1981 La. App. LEXIS 3771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vallot-v-camco-inc-lactapp-1981.