Fontenot v. Hudak

• Decision Date: 14 May 1963
• Docket Number: No. 846,846
• Citation: 153 So.2d 120
• Parties: Sherman FONTENOT et al., Plaintiff-Appellee, v. Joseph C. HUDAK, Defendant-Appellant.
• Court: Court of Appeal of Louisiana — District of US

Page 120

153 So.2d 120

Sherman FONTENOT et al., Plaintiff-Appellee, v. Joseph C. HUDAK, Defendant-Appellant.

No. 846.

Court of Appeal of Louisiana, Third Circuit.

May 14, 1963.

Hall, Raggio & Farrar, by Edgar F. Barnett, Lake Charles, for defendant-appellant.

Plauche & Stockwell, by Oliver P. Stockwell, Lake Charles, for plaintiff-appellee.

Before TATE, FRUGE and SAVOY, JJ.

SAVOY, Judge.

Defendant appealed from the judgment of the district court awarding plaintiffs money judgments in a tort action. The trial judge has fully analyzed the facts in the instant case, and we adopt his summary of same as our own:

'This is a suit for property damage resulting from a collision at the intersection of Hodges and Sixth Streets in the City of Lake Charles, Louisiana, that occurred about three o'clock P.M. on March 25, 1961. The plaintiff, Sherman Fontenot, was driving his 1960 Buick sedan in a northerly direction on Hodges Street, and the defendant, Joseph C. Hudak, was driving his 1959 Oldsmobile sedan in a westerly direction on Sixth Street. It was stipulated that, if plaintiffs were entitled to recover, the recovery of Mr. Fontenot should be in the sum of Fifty ($50.00) Dollars and the recovery of his insurer, State Farm Mutual Automobile Insurance Company, should be in the sum of Eight Hundred Thirty-five and 12/100 ($835.12) Dollars, being the total amount of damages to the vehicle owned and driven by Mr. Fontenot. It was further stipulated that there had been a stop sign on Sixth Street, at its intersection with Hodges Street, directing the traffic on Sixth Street to come to a stop before entering the intersection, but that the stop sign was not in place at the time of the accident involved in this case. The stop sign had been previously removed or knocked down, and after the collision it was found lying on the ground in the vicinity of the place where it had previously been erected. The only testimony in the case was that given by the driver of each vehicle.

'Mr. Fontenot testified that he was traveling in a northerly direction on Hodges Street at a speed of approximately twenty-five miles per hour, and that he observed the other vehicle approaching the intersection, traveling west on Sixth Street. Mr. Fontenot testified that he was familiar with the intersection, having driven a route for milk delivery for a period of several years on Sixth Street, although he did not know that the sign had been knocked down prior to this particular collision. He testified that he expected that Mr. Hudak would stop his vehicle in obedience to the stop sign and, when Mr. Hudak entered the intersection without stopping, he (Mr. Fontenot) turned to the left in an effort to avoid the accident, accelerating the speed of his vehicle in that effort. His vehicle was struck about the right middle, causing the damages referred to above. Mr. Fontenot stated that he was about four car lengths from the intersection when he first observed Mr. Hudak's vehicle approaching the intersection on Sixth Street. He estimated the speed of the Hudak vehicle at approximately twenty-five miles per hour.

'Mr. Hudak testified that he was traveling in a westerly direction on Sixth Street at a speed of approximately twenty miles per hour. He described the intersection on his approach thereto, mentioning that his vision to the left was somewhat obscured by a building at the southeast corner of the intersection. He stated that he was looking for, but did not see, any stop sign and had a conversation with his wife about who might have the right-of-way at the intersection. On approaching the intersection, he stated he looked straight ahead, then looked to the right and saw no traffic approaching and that, before he looked to the left, his wife yelled, 'Here comes a car', and that he applied his brakes but it was too late to avoid the collision. Although somewhat in contradiction of his previous statement, Mr. Hudak stated that he was about twenty yards away from the intersection when he looked to the left, but he did not see the Fontenot vehicle until just about the moment of the impact. He further testified that he increased his speed slightly just before entering the intersection and applied his brakes about one car length distance from the point of entering the intersection. Mr. Hudak testified that the collision occurred in the northeast quarter of the intersection of the two streets.'

In his reasons for judgment the trial judge found for the plaintiff for the reason that the driver of the Fontenot vehicle had pre-empted the...