Croom v. Pittsburgh Plate Glass Co.

• Decision Date: 29 November 1962
• Docket Number: No. 9794,9794
• Citation: Croom v. Pittsburgh Plate Glass Co., 148 So.2d 123 (La. App. 1962)
• Parties: J. E. CROOM, Plaintiff-Appellant, v. PITTSBURGH PLATE GLASS COMPANY, Defendant-Appellee.
• Court: Court of Appeal of Louisiana — District of US

Page 123

148 So.2d 123

J. E. CROOM, Plaintiff-Appellant, v.PITTSBURGH PLATE GLASS COMPANY, Defendant-Appellee.

No. 9794.

Court of Appeal of Louisiana, Second Circuit.

Nov. 29, 1962.

Bullock & Bullock, Shreveport, for appellant.

Lunn, Irion, Switzer, Trichel & Johnson, Shreveport, for appellee.

Before HARDY, GLADNEY and AYRES, JJ.

GLADNEY, Judge.

This is an action for damages arising from an automobile accident which occurred January 18, 1961, on Louisiana State HighwayNo. 1, approximately five miles south of Mooringsport, Caddo Parish, Louisiana, when the defendant's automobile driven by an employee, J. N. Grant, struck the rear of plaintiff's car while both vehicles were traveling south.The suit was defended on the ground that Grant was free from negligence and after a trial on the merits there was judgment rejecting plaintiff's demands.From this decree, the plaintiff has appealed.

At the point where the collision occurred the highway is a two-lane paved thoroughfare and is straight and level for approximately a mile to the north.On the day in question, the weather was clear, the pavement dry, and there was nothing to obscure the vision of either driver.Immediately prior to the accident, Croom, who was traveling southerly, pulled off the highway onto the apron or driveway in front of a fruit stand situated on the east side of the highway, that is, to the left of a motorist traveling south.There he remained a short space of time and then started forward for the purpose of re-entering the highway and resuming his journey.The plaintiff, aged seventy-seven years, testified that upon re-entering the highway he observed Grant was approaching from the north and was then distant about .6 of a mile, and that believing an entry upon the highway could be safely made, he made a left turning maneuver and resumed his journey toward the south; that after he had attained a speed of twenty-five to thirty miles per hour and had traveled a distance of about 915 feet he was struck from the rear by defendant's car.He further testified that his vehicle was knocked about forty feet along the highway.He received personal injuries and his vehicle was damaged.

There were no persons other than the drivers in either of the vehicles involved.State Trooper Strange investigated the accident and his testimony fixed the point of impact at approximately 300 feet from the place of entry by Croom from the driveway of the fruit stand, and he also testified Grant was traveling 60 miles per hour.Grant testified that his speed was 60 miles per hour when he first observed Croom entering the highway 250 feet ahead of him, and that he immediately sought to avoid the accident by making application of his brakes.He said he was prevented from turning to the left of Croom's car by reason of an approaching automobile traveling north.Trooper Strange stated that Grant's automobile skidded a distance of 105 feet to the point of impact and thereafter Grant's vehicle moved a distance of 42 feet, and that of plaintiff 66 feet.Based upon this testimony and evidence, the trial judge concluded Grant was not negligent.

Appellant's cause of action rests upon numerous charges of negligence attributable to Grant, but primarily reliance is placed upon charges that Grant was driving in excess of the speed limit of 60 miles per hour, that he was not maintaining proper observation or surveillance of traffic, and failed to keep his automobile under proper control.Additionally, appellant relies upon the last clear chance doctrine, contending that after discovering plaintiff's peril, Grant failed to avail himself of the opportunity to avoid the accident.

It is our finding that Grant was not traveling in excess of the fixed speed limit, that he was properly observant and made every reasonable effort to avoid the resulting collision, and in our opinion, the sole proximate cause of the accident was the failure on the...