Gares v. Abate

• Decision Date: 22 May 1939
• Docket Number: 17026
• Citation: 189 So. 165
• Court: Court of Appeal of Louisiana — District of US
• Parties: GARES et al. v. ABATE.

189 So. 165

GARES et al. v. ABATE.

No. 17026

Court of Appeal of Louisiana, Orleans.

May 22, 1939

Rehearing Denied June 12, 1939

Writ of Certiorari Denied July 14, 1939

Appeal from Civil District Court, Parish of Orleans; Hugh C. Cage Judge.

Action by Mrs. Louise Gares, wife of Victor Blereau, and Victor Blereau against Sam Abate or Abats, for injuries received when plaintiffs were struck by defendant's automobile. Judgment for plaintiffs in the sum of $700 and $250 respectively, and the defendant appeals.

Affirmed.

$700 held not excessive for injuries, received by woman consisting of contusions and bruises to body and laceration of right parietal bone, where woman was pregnant at time of accident.

Spearing, McClendon, McCabe & Schmidt, of New Orleans, for appellees.

Maurice B. Gatlin, of New Orleans, for appellant.

McCALEB, Judge.

The plaintiffs, Mr. and Mrs. Victor Blereau, brought this suit against the defendant, Sam Abate, to recover damages from him for the personal injuries they sustained on December 15, 1936, when they were struck and knocked down by his automobile at the corner of Gentilly Avenue and Lapeyrouse Street in the City of New Orleans. They charge that the accident occurred through the fault of the defendant and allege in detail certain acts of specific negligence on his part.

The defendant denies that he struck the plaintiffs and alleges that he is not to blame for the injuries they sustained.

After a trial of the case on its merits, there was judgment in favor of Mr. Blereau and against the defendant for the sum of $250 and also in favor of Mrs. Blereau for the sum of $700. The defendant has appealed.

We find the facts of the case to be as follows:

At about 7:15 p.m. on December 15, 1936, the plaintiffs were on their way to church and were walking over the Gentilly Avenue roadway at its intersection with Lapeyrouse Street in the direction of the Mississippi River. There is an automatic traffic semaphore at the intersection and the plaintiffs entered the pedestrian lane on a green or favorable signal. They had almost completed the crossing and were just about to step upon the river side curbing when they were struck by the automobile which was being driven by the defendant on Gentilly Avenue. It further appears that the defendant, upon reaching the Lapeyrouse Street intersection, attempted to execute a left hand turn into Lapeyrouse Street, at a time when the traffic semaphore was red, in violation of City Ordinance No. 13,702 C.C.S.

A mere statement of the case clearly exhibits the defendant's gross negligence. In fact, defendant's counsel, in presenting the matter on appeal, has not attempted to point out any error in the holding of the district judge with respect to his conclusion that the defendant is responsible, and has limited his argument to a discussion of the question of the quantum of damages.

The defendant claims that the awards in favor of the plaintiffs are grossly excessive. As above stated, the district judge gave Mr. Blereau $250 and Mrs. Blereau $700. After the accident, plaintiffs were taken to the Charity Hospital where first aid treatment was rendered to them. Mr. Blereau's injuries consisted of contusions and brush burns of the left leg and hip. He testified...