Wyble v. Minvielle

217 So. 2d 684
CourtLouisiana Court of Appeal
DecidedJanuary 16, 1969
Docket2528
StatusPublished
Cited by18 cases

This text of 217 So. 2d 684 (Wyble v. Minvielle) 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
Wyble v. Minvielle, 217 So. 2d 684 (La. Ct. App. 1969).

Opinion

217 So.2d 684 (1969)

Helen WYBLE, widow of Merton R. PARISH, Plaintiff-Appellant,
v.
Leon J. MINVIELLE, Sr., et al., Defendant-Appellee.

No. 2528.

Court of Appeal of Louisiana, Third Circuit.

January 16, 1969.

*685 Smith & Stansbury, by J. Michael Fernandez, Jr., Lafayette, for plaintiff-appellant.

Armentor & Resweber, by A. J. Resweber, New Iberia, for defendant-appellee.

Before FRUGE, SAVOY, and HOOD, JJ.

FRUGE, Judge.

This is a wrongful death action for the death of Merton R. Parish, brought by Helen Wyble, his surviving widow, by *686 virtue of an alleged common-law marriage contracted in the State of Texas.

The defendants, sued in solido, are Leon J. Minvielle, Sr., and his children, Leon J. Minvielle, Jr., Mildred Minvielle Duhe, and Mrs. Sue Minvielle Resweber. Travelers Insurance Company, the compensation insurer of Loffland Brothers Company, intervened to recover workmen's compensation benefits it became obligated to pay plaintiff by reason of the death of Merton R. Parish.

The suit arises out of an automobile collision which occurred on November 6, 1957, on U.S. Highway 90 east of the city limits of New Iberia, Iberia Parish, Louisiana.

The collision was between the automobile Mr. Parish was driving and the one that Mrs. Georgie Harry Minvielle, the wife of Leon J. Minvielle, Sr., and the mother of the other defendants, was operating. Both drivers were fatally injured in the accident.

Mrs. Georgie Harry Minvielle, wife and mother of the defendants, was driving a 1952 Chevrolet automobile in an easterly direction on Highway 90. Mr. Parish was driving a 1955 Chevrolet automobile in a westerly direction on the said highway. The collision occurred as Mrs. Minvielle was attempting to make a left turn from the highway to her driveway located on the north side of the highway.

According to the testimony in the record, Mrs. Minvielle turned directly into the path of the Parish vehicle, striking the left front portion of Mr. Parish's vehicle with the right front portion of her car. The collision occurred in Mr. Parish's lane of travel, the west-bound lane. The speed limit on the section of Highway 90, the highway in question, is sixty miles per hour.

An eye witness, Wallace Romero testified he was traveling west in his dump truck about thirty-five to forty miles per hour. At an estimated six hundred feet from the scene of the accident, Mr. Parish overtook and passed him at a speed of fifty-five miles per hour. Thereafter, Romero saw Mrs. Minvielle, who was traveling very slowly, make a left turn to enter her driveway in front of the Parish vehicle. Collision in Mr. Parish's lane immediately followed.

On the morning of the accident, Mrs. Minvielle had attended the formal opening of a branch for the bank of which her husband was president. She then went to the beauty shop to have her hair done, and she was on her way home to prepare a luncheon for the guests who had attended the formal opening, when the accident occurred.

After the death of Mrs. Minvielle, her husband continued in use and possession of all the community property, and her husband and children joined in executing a sale of the home which was a community asset. At the time of the trial, Mrs. Minvielle's succession had not been formally opened and no administrator or executor had been appointed.

In ruling for plaintiff, Mrs. Parish, the lower court found that Mrs. Minvielle was negligent in attempting to turn in the face of the oncoming vehicle of Mr. Parish. The court held that Mrs. Minvielle was on a community mission and therefore the community between her and her husband became liable for her negligence. Further, the court held that the Minvielle children had tacitly accepted their mother's succession when they joined in the sale of the home which was a community asset, and therefore they became liable as her heirs.

In regard to the alleged common-law marriage between plaintiff, Helen Wyble, and decedent, Merton R. Parish, the trial court found that under Texas law, the plaintiff and the decedent had entered into a valid common-law marriage, and that therefore, Louisiana courts had to give full faith and credit to the Texas marriage, thereby making Helen Wyble, the legal widow of Merton R. Parish, entitled to recover under L.S.A.-C.C. Art. 2315.

*687 As to quantum, the lower court rendered judgment in favor of plaintiff and against the defendants in the sum of $28,701.95. Plaintiff appeals to this court on the grounds that the award was grossly inadequate.

Although we find possible merit in only one or two issues of this case, we shall discuss all of them, at least in brief.

(1) NEGLIGENCE.

As this court noted in the case of Lewis v. Liberty Mutual Insurance Company, 215 So.2d 138 (La.App.3d Cir., 1968), it is well established that a motorist who attempts to make a left turn on a public highway must ascertain before making the turn that it can be negotiated in safety, and when an accident occurs, as a left turn is being made, the burden rests heavily upon the driver who was making the left turn to explain how the accident occurred, and to show that he was free from negligence. See Huntsberry v. Millers Mutual Fire Insurance Co., 205 So.2d 617 (La.App.3d Cir., 1967) and citations therein. We noted further that in general there were two major obligations or duties of a person making a left turn on a Louisiana highway, the first being that of giving a proper signal, and the second being that of maintaining a proper lookout and in so doing not making a turn endangering a motorist oncoming or following. See L.S.A.—R.S. 32:104(B).

In this case, there is little dispute that Mrs. Minvielle turned into the path of Mr. Parish's vehicle and made the collision unavoidable. The sole eye witness, Mr.Wallace Romero, testified that it was his belief that no signal had been given, and in light of all the evidence, there can be no other conclusion than that Mrs. Minvielle was paying little attention to her driving, and therefore had not maintained a proper lookout as to the direction of her travel. Thus, it is the finding of this court that the proximate cause of this unfortunate accident was Mrs. Minvielle's negligence in turning into the path of Mr. Parish's car in such close proximity to it that neither driver had the opportunity to avoid the collision.

(2) THE LIABILITY OF THE COMMUNITY.

The evidence in the record reveals that Mrs. Minvielle was returning home to prepare a luncheon for the guests who had attended the formal opening of a branch of the bank of which her husband was the president. We, as did the lower court, feel that she was therefore on a community mission that rendered the community existing between her and her husband liable for her actions. See Moreau v. Corley, 212 So. 2d 566 (La.App.4th Cir., 1968), and citations therein.

(3) THE LIABILITY OF THE HEIRS.

It was stipulated that after Mrs. Minvielle's death her husband continued in possession of the community property, and that sometime thereafter he and his children executed a sale of their home property. At the time of the trial, her succession had not been opened and no administrator or executor had been appointed. Under the provisions of our revised Civil Code, in particular L.S.A.-C.C. Arts. 992 and 999, these acts bound her children as her heirs.[1]

(4) THE COMMON-LAW MARRIAGE.

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Bluebook (online)
217 So. 2d 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyble-v-minvielle-lactapp-1969.