Williams v. Parker

130 So. 2d 711, 1961 La. App. LEXIS 1124
CourtLouisiana Court of Appeal
DecidedMay 22, 1961
DocketNo. 5347
StatusPublished
Cited by2 cases

This text of 130 So. 2d 711 (Williams v. Parker) 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
Williams v. Parker, 130 So. 2d 711, 1961 La. App. LEXIS 1124 (La. Ct. App. 1961).

Opinion

JONES, Judge.

This is a suit for damages caused by an intersectional collision between a 1953 International pickup truck operated by Mrs. Rosa Lea Williams and in which were riding A. D. Williams, her husband, and Keith, David and Billy Williams, three of their minor children, which before the accident was traveling in an easterly direction on Lockhart Road (the right-of-way road) in Livingston Parish, and a Ford pickup truck operated by James C. Parker, approaching the intersection on Cockerham Road, the inferior road, while traveling in a northerly direction.

A. D. Williams instituted suit for past, present and future pain and suffering and medical expenses and other damages occasioned by himself and on behalf of his minor sons, Keith and David, for pain and suffering, and on behalf of his minor son, Billy, for pain, suffering and disfiguration. Mrs. Rosa Lea Williams, a co-plaintiff, sought damages for pain and suffering arising from injuries sustained by her in the accident. Suit was filed against Parker and Old Colony Insurance Company, his liability insurer. From judgment in favor of plaintiffs, the defendants have appealed and plaintiffs have answered the appeal seeking an increase in the respective awards.

At the intersection where the accident occurred, there was a stop sign located on the corner facing northbound traffic on Cockerham Road. Defendant Parker was traveling in a northerly direction on this road. Lockhart Road is blacktopped and Cockerham Road where it intersects Lock-hart Road is gravel. The view of the intersection was not obstructed and defendant could have seen the approaching Williams vehicle had he been maintaining a proper lookout. The accident occurred at about 10:15 A.M. on November 29, 1958. It was a clear and very cold winter day.

The defendant, a resident of Livingston Parish, was acquainted with the intersection and was aware of the location of the stop sign. He testified that as he approached the intersection he gradually slowed down as if to stop but, as he remembered, did not bring his truck to a standstill before entering the intersection. He stated that he looked in the direction from which the Williams automobile was approaching but failed to see it. Mrs. Williams testified that she first noticed the Parker vehicle when she was approximately the distance of one block from the intersection ; that the Parker truck when she first saw it was approximately the same dis[713]*713tance from the intersection; that when she first saw the Parker pickup both vehicles involved were traveling at the rate of 40 to 45 miles per hour; that she removed her foot from the accelerator upon seeing the Parker truck but resumed speed when she noticed that Parker was slowing down as if to obey the traffic signal. The Williams vehicle was approximately two car lengths from the Parker pickup when Mrs. Williams first noticed the Parker vehicle coming into her path and, although she swerved to her left, Mrs. Williams was unable to avoid the collision.

Defendants concede that Parker was negligent in ignoring the stop sign but contend that plaintiffs are precluded from recovering for the injuries sustained due to the contributory negligence of Mrs. Williams, which they contend is imputable to Mr. Williams.

Under ordinary circumstances, right-of-way traffic is entitled to approach and enter an intersection even if traffic is observed approaching from an inferior street because the superior traffic is entitled to rely on the assumption that those approaching it will respect a stop sign which the motorist knows is located there. If, on the other hand, the motorist driving on the right-of-way road or street sees or in the exercise of due care should see that the other vehicle will neglect to make the stop required by law, then the right-of-way motorist is under a duty of stopping if by the exercise of reasonable care on his part the accident could be avoided at the time he saw or should have seen the other vehicle violating its legal duty to stop before entering the favored traffic lane. See Gautreaux v. Southern Farm Bureau Cas. Co., La.App. 1 Cir., 83 So.2d 667, 669, and the cases therein cited.

In the above cited Gautreaux case, we stated as follows:

“In the everyday world, ordinarily prudent motorists on the main thoroughfare do not slow before each corner and attempt to peer down the side-streets, but instead concentrate most of their attention on the path ahead, relying on their legal ‘right of way’. Legislative provisions for right of way are to facilitate the passage of traffic in this congested twentieth century world. If to accomplish this purpose, and in realization that even observing the path ahead may tax the ordinary motorists’ powers of sustained observation, the legislature has relieved the motorist on the right of way street of a duty ordinarily to slow before each intersection (and, consequently, of a duty to take his attention from the path ahead by darting glances each way down the intersecting streets), appellate courts should not supply artificial standards in an unrealistic attempt to allocate damages after an accident has occurred.”

Each case of this type must be decided on its peculiar set of facts and circumstances. The intersection wherein the collision occurred was open and visibility was unobstructed. Mrs. Williams stated that she observed Parker approaching the intersection from some distance and it appeared to her that he was slowing his vehicle so as to obey the stop sign. The following is pertinent testimony by Parker concerning his actions as he approached the intersection:

“Q. How long have you lived in Livingston Parish? A. Nine years.
“Q. As you approached this intersection did you know that there was a stop sign there directing you to stop ? A. Yes.
“Q. Did you slow down for the stop sign? A. I did.
“Q. Did you actually stop for the stop sign? A. I don’t know. I don’t think I actually come to a dead-still stop, in other words, I slowed down to what I thought was almost, in other words, I got on my brakes and slowed [714]*714down to what I thought was a stop and gave it some gas, too, as I began to cross the road.”

From the defendant's testimony, it is evident that Mrs. Williams was falsely led to believe, and justifiably so, that Parker would stop his truck and yield to the approaching Williams vehicle. However, as the Williams vehicle entered the intersection, Parker did not stop his truck but “gave it some gas” and moved into the path of Mrs. Williams. We feel that the trial court was eminently correct in finding that Mrs. Rosa Lea Williams was guilty of no contributory negligence and that the negligence of James C. Parker in failing to yield the right-of-way, failing to see what he should have seen, and failing to maintain a proper lookout was the sole and proximate cause of the accident.

Dr. Frank C. McMains, an orthopedist, examined A. D. Williams shortly after the emergency examination in the Baton Rouge General Hospital. His examination revealed that Mr. Williams had suffered abrasions about both knees and multiple bruises and abrasions of the face and body. Mr. Williams was given first aid and sent home but was seen by the doctor on several occasions subsequent to the accident primarily due to pain in the left knee. He complained of shooting discomfort on the lateral part of the left knee and had some swelling and stiffness in this knee. Dr. McMains saw Mr.

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Bluebook (online)
130 So. 2d 711, 1961 La. App. LEXIS 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-parker-lactapp-1961.