Youngblood v. Robison

118 So. 2d 431, 239 La. 338, 2 A.L.R. 3d 1, 1960 La. LEXIS 931
CourtSupreme Court of Louisiana
DecidedFebruary 15, 1960
Docket43874, 43878
StatusPublished
Cited by97 cases

This text of 118 So. 2d 431 (Youngblood v. Robison) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Youngblood v. Robison, 118 So. 2d 431, 239 La. 338, 2 A.L.R. 3d 1, 1960 La. LEXIS 931 (La. 1960).

Opinions

McCALEB, Justice.

Shortly past midnight on October 20, 1955, plaintiff, a Negro woman, received severe and painful personal injuries when struck by an automobile driven by Douglas W. Robison on Linwood Avenue in the city of Shreveport while she was waiting to board a northbound trolley. Plaintiff was standing on the trolley platform, or “safety zone” on the east side of Linwood Avenue, 79 feet north of the north curbline of Claiborne Avenue at its intersection with Linwood. Just prior to striking and running [341]*341down plaintiff, Robison had been driving his car northward on Linwood Avenue toward Claiborne Avenue, which crosses it at right angles, at a speed of from 50 to 55 miles per hour by his own admission.1 As he approached the semaphore light controlling traffic at the intersection, Robison was faced with an unfavorable light but, notwithstanding this, he heedlessly drove on with speed unabated and ran the red light at a time when Dr. Carroll V. Guice, who was driving east on Claiborne Avenue at an admittedly lawful speed of approximately 30 miles per hour, had entered the intersection on the favored green traffic light. As a result, the Robison car was struck on its left rear by the front end of the Guice automobile, the former continuing forward over the intersection out of control until it struck plaintiff and knocked her against a concrete pole.

This suit for $110,992.10 damages was thereafter brought by plaintiff for a solidary judgment against Robison and his liability insurer, Fidelity Mutual Insurance Company, whose liability was limited to $5,000, and Dr. Guice and his liability insurer, Allstate Insurance Company, whose liability was limited to $10,000, the petition charging that plaintiff’s injuries were attributable to the joint and concurrent negligence of the drivers of the colliding vehicles in failing to maintain a proper lookout, driving at excessive speed, and generally failing to keep their vehicles under proper control.

The case was tried before a jury, which rendered a verdict in favor of plaintiff and against defendants in solido for $25,000 but the liability of the insurance carriers was restricted to the limit of each policy. During the trial Robison readily conceded his gross negligence in all particulars. However, it having been established that he was personally unable to satisfy any judgment which might be rendered against him and the liability of his insurer being limited to $5,000, industrious counsel of plaintiff directed their main attack on Dr. Guice in an effort to show that he was guilty of some dereliction of duty which was a contributing factor to the collision between his car and the Robison car and were able to convince the jury that such was the case despite the fact that he was traversing the intersection on a favorable light and at a reasonable rate of speed.

Following the verdict Dr. Guice and his insurer moved for a new trial but the district judge overruled the motion and entered judgment in accordance with the verdict. They then appealed to the Court of Appeal, Second Circuit, where, with one judge dissenting, the judgment of the district court was affirmed. See Youngblood v. Allstate Insurance Company, La.App., 98 So.2d 570. [343]*343We granted certiorari and the case has been argued and submitted for our decision.

The majority opinion of the Court of Appeal that Dr. Guice was' guilty of negligence which was a contributing cause of the accident, is based entirely upon the doctor’s own account of the operation of his car when he was approaching and entering the intersection and his actions from the moment he became aware that Robison was running the red semaphore light at a high rate of speed. After quoting extensively from Dr. Guice’s testimony, the Court deduces that he was at fault because he focused his attention on the green semaphore light in front of him (although he says that the entire intersection was within the cone of his vision) and, admittedly, did not look to the left and right for traffic approaching on Linwood Avenue before proceeding over the crossing. To support its conclusion that Dr. Guice should have turned his head to the right to ascertain whether traffic on Linwood was obeying the law, the opinion cited several Court of Appeal cases to the effect that a motorist may not blindly proceed into obvious danger “which even one exercising slight care would have noticed and avoided.” New Hampshire Fire Ins. Co. v. Bush, La.App., 68 So.2d 254, 256.

We have no quarrel with the law cited by the Court of Appeal but we fail to perceive its applicability to the facts upon which its conclusion is based. The substance of Dr. Guice’s testimony is that, accompanied by a Miss Maxwell and a Mr. Davenport, he was driving his car on Claiborne Avenue at a speed of 30 to 35 miles per hour. When he was about a block away from the intersection of Linwood Avenue he noticed that the traffic light was red so he took his foot off the accelerator and slowed down. Upon reaching a point about 30 feet or more from the intersection the light facing him changed to green so he accelerated his speed and proceeded toward the intersection. At that time he was looking at the entire crossing and, because he had the right of way, he assumed that anyone travelling on Linwood Avenue would stop.2 Nevertheless, just as he neared the entrance of the intersection, the lights of the approaching Robison car came into his line of vision and he immediately “hit the brake”. From the time the brake of the Guice car took hold until it reached the point of impact with the Robison car, which was four feet east and one foot south of the center of the intersection, the Guice car skidded 28 feet.

There is nothing contained in the testimony of Dr. Guice which warrants a holding that he failed to exercise ordinary prudence in his approach to and negotiation of the crossing. He was driving at a reasonable rate of speed and maintaining a general [345]*345observation of the intersection. Thus, he had his car under such control as to meet and respond to any hazard which might be expected under normal conditions and this was all that the law required of him. He was not obliged, as the Court of Appeal indicates, to turn his head in the direction of traffic approaching from his left or right, or from both left and right, to ascertain whether someone might violate the law by running the crossing on a red light. On the contrary, he had the right, under our jurisprudence, to assume that the law would be respected.

In Koob v. Cooperative Cab Co., 213 La. 903, 35 So.2d 849, 851, where a stop sign was involved, the Court said:

“ * * * The motorist on the right-of-way street, with knowledge of the location of such a stop sign, has a right to assume that any driver approaching the intersection from the less favored street will observe the law and bring his car to a complete stop before entering the intersection, and such motorist can indulge in this assumption until he sees, or should see, that the other car has not observed, or is not going to observe, the law.”

This rule has been cited and followed on several occasions, notably in Ryan v. Allstate Insurance Company, 232 La. 831, 95 So.2d 328; Steele v. State Farm Mutual Insurance Company, 235 La. 564, 105 So.2d 222 and Henderson v. Central Mutual Insurance Company, 238 La. 250, 115 So.2d 339.

The above cited jurisprudence governing cases where stop signs were involved applies, a fortiori, to intersections controlled by electric semaphore lights.

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Bluebook (online)
118 So. 2d 431, 239 La. 338, 2 A.L.R. 3d 1, 1960 La. LEXIS 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youngblood-v-robison-la-1960.