Webb v. Jordan

540 So. 2d 977, 1989 WL 14281
CourtLouisiana Court of Appeal
DecidedFebruary 22, 1989
Docket20300-CA
StatusPublished
Cited by5 cases

This text of 540 So. 2d 977 (Webb v. Jordan) 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
Webb v. Jordan, 540 So. 2d 977, 1989 WL 14281 (La. Ct. App. 1989).

Opinion

540 So.2d 977 (1989)

Lamar WEBB and Inell White Webb, Plaintiffs/Appellants,
v.
Johnnie L. JORDAN, et al., Defendants/Appellees.

No. 20300-CA.

Court of Appeal of Louisiana, Second Circuit.

February 22, 1989.

*978 D. Scott Brown, Mansfield, for plaintiffs/appellants.

Mayer, Smith and Roberts by Mark A. Goodwin, Shreveport, for defendants/appellees.

Before HALL, FRED W. JONES, Jr. and NORRIS, JJ.

HALL, Chief Judge.

Plaintiffs, Lamar Webb and Inell White Webb, filed suit against defendants, Johnnie L. Jordan, and his liability insurer, Fireman's Fund Insurance Company, for damages resulting from a rear-end collision on U.S. Highway 171 in DeSoto Parish. After a trial on the merits the trial court rendered judgment in favor of defendants finding that (1) the sole cause of the accident was the negligence of Inell White Webb; and (2) Johnnie L. Jordan was free from fault. Plaintiffs appealed contending that the trial court erred in making these findings and in failing to award damages. For the reasons which follow, we conclude that Jordan was comparatively negligent and reverse and render judgment awarding damages to plaintiffs.

On December 1, 1984, at approximately 6:22 p.m., Inell White Webb was travelling alone southbound on U.S. Highway 171, 4.4 miles south of Mansfield. The highway has a single lane for travel in each direction and a paved shoulder on each side of the roadway at this point. Webb stopped her vehicle and yielded the right-of-way to northbound traffic prior to turning left off of the highway onto the property known as Trenton Pond. Defendant, accompanied by his grandson, Gregory Jordan, was travelling south on Highway 171 with his cruise control set on 55 m.p.h. when he proceeded around a curve, came over a hill, and saw the Webb vehicle. Jordan applied his brakes and skidded 70 feet prior to hitting Webb. The force from Jordan's vehicle knocked the Webb vehicle 45 feet across the northbound traffic lane between two oncoming vehicles. Webb was taken to DeSoto General Hospital for treatment.

After a trial on the merits, the court found that Webb did not give any turn signals, and her negligence was the sole cause of the collision. The court found Jordan free from fault since he was travelling at a lawful rate of speed, and under *979 the circumstances he could not avoid colliding with the rear of the Webb vehicle.

WEBB'S NEGLIGENCE

Every vehicle upon a highway within this state at any time between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernable at a distance of 500 feet ahead, shall display lighted lamps. LSA-R.S. 32:301. No person shall operate on the highways of this state any motor vehicle registered in this state and manufactured or assembled after December 31, 1962, unless it is equipped with at least two stop lamps meeting the requirements of LSA-R.S. 32:319. LSA-R.S. 32:306 A. Whenever a person intends to make a right or left turn which will take his vehicle from the highway it is then travelling, he shall give a signal of such intention and such signal shall be given continuously during not less than the last one hundred feet travelled by the vehicle before turning. LSA-R.S. 32:104.

Driving a motor vehicle on the highway without properly illuminated signals creates an unreasonable risk of injury to a following motorist as well as to the driver of a leading vehicle, and a leading motorist has a duty to have the proper lights illuminated. The scope of this duty encompasses the risk that a following motorist will not be keeping a proper lookout and may fail to see what he should have seen causing injuries to both himself and the other driver. It necessarily follows that if Webb failed to give proper signals her initial negligence was the precipitating cause of the accident.

Plaintiffs contend that the trial court erred in finding that (1) Webb did not give any turn signals; and (2) no lights were illuminated on the rear of the Webb vehicle.

Inell White Webb testified that she was going fishing at Trenton Pond when the accident occurred. She had her lights on, turned her left turn signal on, and stopped in the southbound lane of travel while she yielded the right-of-way to northbound traffic. Jordan's vehicle struck the rear of her vehicle and propelled her between two oncoming northbound vehicles. Webb and her husband inspected the vehicle before she went fishing. All of the lights were in working order. She stated that they always inspected the vehicle prior to use. A police officer arrived at the accident scene in approximately 10 minutes. Her husband did not turn the vehicle's lights off until a police officer authorized him to do so.

Lamar Webb, Inell White Webb's husband, testified that the lights were in working order on the date of the accident. He stated that it was his custom to always check the vehicle prior to its use. Although he inspected the vehicle he did not know whether his wife had her lights on when she left the house to go fishing. The signal light was blinking when he arrived at the scene of the accident. He unscrewed the bulb because someone told him that a picture of the vehicle could not be taken with the light blinking. He did not know who told him to stop the light from blinking.

Erlene Richardson, a friend of plaintiffs, was fishing at Trenton Pond when the accident occurred. She heard the crash and ran up the hill to see what happened. She saw the Webb vehicle with its lights on. She heard Jordan say that Webb's signal was not on. She told Jordan that Webb's signal lamp and headlights were on but someone had cut them off. The lights were on when the policeman arrived at the scene. She stated that since the rear taillight was blinking someone unscrewed the bulb to stop it.

Johnnie L. Jordan, who was 67 years old on the date of the accident, testified. He stated that the accident occurred when it was getting dusk dark and visibility was at its worst point. He was sure that he had his lights on but did not remember specifically. Prior to hitting Webb's vehicle he saw several cars in the northbound traffic lane, and he could not go around her on the left. High grass and a sign on the right shoulder prevented him from going around the Webb vehicle on the right. He did not see any lights on the Webb vehicle. He did not remember any person, other than *980 Webb, state that Webb had her lights on. He was driving with his cruise control set on 55 m.p.h. when he came around a little curve and saw the bulk of Webb's vehicle. He noticed that Webb's vehicle was stopped and braked hard.

Gregory D. Jordan, Jordan's 14 year old grandson, was a passenger in Jordan's vehicle. He and his grandfather were riding along and not talking when the accident occurred. As they were going around the curve and getting closer to the bottom of the hill he saw the car and yelled "Pap-Paw". His grandfather applied the brakes. He did not remember seeing any lights on Webb's vehicle but was not absolutely certain.

At approximately 7:15 p.m., Detective R.D. Dobson of the Louisiana State Police investigated the accident and took photographs of the scene. Jordan's vehicle left a skid mark of 70 feet. The wheels on Webb's vehicle were turned to the left, and it travelled approximately 45 feet after impact. He was unable to determine whether the rear lights on Webb's vehicle were operational due to the damages. The headlights on the Webb vehicle were turned off when he arrived. Webb told him that her signal lights were on when the accident occurred.

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Cite This Page — Counsel Stack

Bluebook (online)
540 So. 2d 977, 1989 WL 14281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-jordan-lactapp-1989.