American Ins. Co. v. Richard, 2282

• Court: Court of Appeal of Louisiana
• Writing for the Court: HOOD
• Citation: American Ins. Co. v. Richard, 212 So.2d 481 (La. App. 1968)
• Decision Date: 18 June 1968
• Docket Number: No. 2282,2282
• Parties: AMERICAN INSURANCE COMPANY, Plaintiff-Appellee, v. Ernest RICHARD et al., Defendants-Appellants.

Page 481

212 So.2d 481

AMERICAN INSURANCE COMPANY, Plaintiff-Appellee, v. Ernest RICHARD et al., Defendants-Appellants.

No. 2282.

Court of Appeal of Louisiana, Third Circuit.

June 18, 1968.

Rehearings Denied July 29, 1968.

Davidson, Meaux, Onebane & Donohoe, by Edward Abell, Jr., Lafayette, for defendants-appellants.

Voorhies, Labbe , Fontenot, Leonard & McGlasson, by, David Foster, Lafayette, for plaintiff-appellee.

Before HOOD, CULPEPPER AND LEAR, JJ.

HOOD, Judge.

The American Insurance Company instituted this action to recover the loss which it sustained when an automobile owned by C. H. Boehmer Sales Agency was demolished in an accident which occurred on August 18, 1965. Plaintiff, as the collision insurer of that automobile, paid the insured a sum of money in settlement of its obligation under the policy, and it has been subrogated to the rights of the insured to recover that loss. The defendants in this suit are Ernest Richard, Mrs. Felicia A. Richard and Southern Farm Casualty Insurance Company. Judgment on the merits was rendered by the trial court in favor of plaintiff and against the defendants, in solido, for the sum of $1900.00. Defendants have appealed.

This suit was consolidated for the purpose of trial and appeal with three other cases, all of which arose out of the same accident. We are deciding each of these consolidated cases on this date. See Richard et al. v. Southern Farm Bureau Casualty Insurance Company et al., La.App., 212 So.2d 471; Richard et al. v. American Insurance Company et al., La.App., 212 So.2d 483; Richard v. American Insurance Company et al., 212 So.2d 484.

For the reasons which we assigned in the companion case of Richard et al. v. Southern Farm Bureau Casualty Insurance Company, supra, we find that the sole proximate cause of the accident was the negligence of Mrs. Felicia A. Richard in failing to yield the right of way to the driver of the Boehmer automobile, and that defendants thus are liable, in solido, to plaintiff for the loss which the latter sustained as a result of that accident.

The Boehmer vehicle was a 1961 Mercedes Benz sedan, equipped with air conditioning, radio, heater and leather interior. It was in excellent mechanical condition immediately prior to the time the accident occurred. It was damaged beyond repair as a result of the accident. Richard H. Boehmer, the driver, estimated that the car had a value of $2,000.00 at the time of the collision. The NADA Official Used Car Guide Book listed its retail value as being $1835.00. The trial judge, accepting the estimate made by Boehmer, found the value of the car before the accident to be $2,000.00. The insurance policy issued by plaintiff covering this car provided for collision insurance with $100.00...