Watson v. McEacharn

99 So. 2d 138, 1957 La. App. LEXIS 952
CourtLouisiana Court of Appeal
DecidedNovember 26, 1957
DocketNo. 8730
StatusPublished
Cited by6 cases

This text of 99 So. 2d 138 (Watson v. McEacharn) 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
Watson v. McEacharn, 99 So. 2d 138, 1957 La. App. LEXIS 952 (La. Ct. App. 1957).

Opinions

AYRES, Judge.

This is an action in tort brought by the parents of the late James Edwin Watson, aged 20 years, who was killed in a collision between his motorcycle, on which he was riding, and a Chevrolet automobile owned by Stanley D. McEacharn, Sr., but operated at the time by Stanley D. McEacharn, Jr., who had his father’s consent. Also made defendant is Lumbermens Mutual Casualty Company, McEacharn’s liability insurer.

Plaintiffs contend that the negligence of Stanley D. McEacharn, Jr., while operating an automobile on a heavily traveled highway at an excessive and unlawful rate of speed and in the wrong lane of travel, particularly in his failure to maintain a proper lookout and in disregard of the rights of James Edwin Watson, was the sole and proximate cause of the accident. In the alternative, it is contended if their son should be found to have been negligent then that the evidence establishes that Stanley D. McEacharn, Jr., had the last clear chance to avoid the accident.

Defendants contend primarily that Mc-Eacharn was without fault and that the negligence of the late James Edwin Watson in failing to make proper observation and maintain a proper lookout, and in making a left turn without first ascertaining it could be made in safety, thus creating an emergency to McEacharn, which McEacharn unsuccessfully endeavored to avoid, constituted the sole proximate cause of the accident, and, moreover, that Watson had the last clear chance to avoid the accident.

In the alternative, it was contended that Watson was guilty of contributory negligence, in addition to the above, in respect to his failure to yield the right of way to the McEacharn car, and in failing to avail himself of the last clear chance to avoid the accident.

The trial court concluded from the evidence that McEacharn had the last clear chance to avoid the accident but failed to avoid it because of excessive speed, failure to keep a proper lookout ahead to discover the presence of those who may be in danger, failure to sound his horn, and failure to apply his brakes in time. It was therefore concluded that McEacharn’s negligence in these respects constituted the proximate [140]*140and immediate cause of the accident, and the negligence of Watson in placing himself in a position of danger, the remote cause. .Accordingly, defendants were held liable in damages.

From a judgment awarding each of the parents $7,500 for the loss of their son, together with funeral expenses and damages for loss of the motorcycle, defendants have appealed. Plaintiffs have answered the appeal, praying that the award be increased to $102,021, as originally sued for.

The accident occurred on State Highway 17, a concrete paved highway about 1.2 miles south of Oak Grove, West Carroll Parish, Louisiana. In the vicinity of the accident the highway has a width of 18 feet with the usual turf shoulders, runs generally north and south, and is straight and level for approximately a mile north of the scene of the accident. The accident occurred at or near a “T” intersection of a gravel highway leading east and known locally as the Airport Road. There were •no signs, however, indicating the existence of this intersection.

On December 15, 1955, at approximately 7:30 P.M. James Edwin Watson was traveling south on the aforesaid highway on his Harley Davidson motorcycle, intending to make a left turn into the aforesaid intersection and proceed to his residence, and that of his parents, located a short distance therefrom. Watson was followed by a friend, Douglas Simpson, in a Ford automobile, who also intended to turn into the intersection and drive to the Watson residence. While Watson and Simpson were thus proceeding, Simpson some considerable distance behind Watson, Stanley D. McEacharn, Jr., approached, overtook •and passed Simpson and overtook and struck Watson’s motorcycle in the east or left lane of traffic, after skidding 110 feet, .and after which his car continued forward 237 feet further, coming to rest in the •ditch on the right or west side of the highway. The motorcycle was carried forward by the car and thrust or deposited 81 feet further down the highway, likewise coming to rest in the ditch on the west side of the highway. Watson was found on the right shoulder of the road, about halfway between the car and motorcycle. Watson evidently was instantly killed, or died soon after said collision, as the result of the injuries sustained by him, without ever re* gaining consciousness.

There were only two eye witnesses to the accident — McEacharn and Simpson. Simpson testified he was driving approximately 450 feet behind Watson when he was overtaken by McEacharn; that Watson was clearly visible on his motorcycle even before McEacharn came alongside and passed his car, and even more so during that time, obviously due to the double set of car lights. As to McEacharn’s speed, his own estimate was 60 miles per hour. Simpson said it was 90 miles per hour, and Trooper Guice, who investigated the accident, estimated it at 75 miles per hour, but, at the moment of impact, after skidding 110 feet, at 60 miles per hour. Simpson estimated his own speed at approximately 45 miles per hour.

Simpson testified that when the Mc-Eacharn car was alongside his, Watson was out in front about 450 feet and was traveling, angling toward the intersection, at about five miles per hour and was seen to give a signal of his intention to make a left turn by extending his left hand. Mc-Eacharn denied seeing any such signal but admitted as he passed the Simpson car he saw, by a glimpse, a man on a motorcycle.

Both McEacharn and Simpson testified that Watson never made, so far as they were able to ascertain, any observation to the rear by turning his head and looking. McEacharn saw no movement on Watson’s part that would indicate that Watson knew he was in a position of peril. Simpson’s, testimony is to the same effect. McEacharn further testified that when alongside the Simpson car and from 115 to 120 feet behind Watson, he first saw the motorcycle, but did not see Watson give any signal indicating an intention to turn. The record, however, leaves no doubt that Watson placed himself in a position of peril by [141]*141taking to the left side of the highway, particularly in view of the rapidly approaching automobile from his rear. Neither does the record leave any doubt concerning Watson’s complete ignorance of the approach of the McEacharn car at a fast and excessive rate of speed.

While defendant’s driver admits he sounded no horn, he says he blinked his lights. We are not given to understand how such action could constitute a warning to forward vehicles proceeding in the same direction.

The trial court resolved the factual issues as follows:

1. McEacharn was approximately 4S0 feet behind Watson when he was in the act of passing the Simpson car.
2. Watson was clearly visible when McEacharn was in the act of passing the Simpson car.
3. When McEacharn was in the act of passing Simpson, Watson was in a position of peril of which he was unaware.
4. If McEacharn had seen Watson when he should have seen him, and/or, if McEacharn had his car under proper control when he saw or should have seen Watson, McEacharn could have avoided the accident.

Our own study and analysis of the evidence convinces us of the correctness of His Honor’s conclusions on these factual issues.

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Bluebook (online)
99 So. 2d 138, 1957 La. App. LEXIS 952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-mceacharn-lactapp-1957.