Martin v. Weaver

• Court: Court of Appeal of Louisiana
• Writing for the Court: BOLIN; GLADNEY
• Citation: Martin v. Weaver, 191 So.2d 744 (La. App. 1966)
• Decision Date: 31 October 1966
• Docket Number: No. 10682,10682
• Parties: William T. MARTIN, Plaintiff-Appellee, v. Melvin WEAVER et al., Defendants-Appellants.

Page 744

191 So.2d 744

William T. MARTIN, Plaintiff-Appellee, v. Melvin WEAVER et al., Defendants-Appellants.

No. 10682.

Court of Appeal of Louisiana, Second Circuit.

Oct. 31, 1966.

Rehearing Denied Nov. 29, 1966.

Writ Refused Jan. 20, 1967.

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

Thomas A. Wilson, Shreveport, for appellee.

Before GLADNEY, AYRES and BOLIN, JJ.

BOLIN, Judge.

From judgment in favor of William T. Martin and against Melvin Weaver and his liability insurer in the sum of $15,314.03 for personal injuries and special damages received by plaintiff allegedly caused by Weaver's negligent operation of an automobile in the City of Shreveport, Louisiana, defendants appeal. Plaintiff has answered the appeal and asked for an increase in the award.

Since the district judge did not assign written reasons for his judgment, we shall recite the facts as we understand them. Immediately preceding the accident, Martin, an electrician 33 years of age, was riding his Harley-Davidson motorcycle north on Southern Avenue when he stopped for a traffic light to change from red to green. After the light changed to green he turned left at the intersection of St. Vincent and Southern and proceeded west along St . Vincent Avenue. A short distance from the traffic light a double railroad track crosses St. Vincent at an elevation of approximately four feet and from the tracks west there is a slight decline. In order to safely cross these tracks Martin slowed the motorcycle to approximately 15 miles per hour and then continued his westward travel on St. Vincent at a normal rate of speed. On the north side of St. Vincent Avenue a T-intersection is formed by Samford Street some 250 feet west of the railroad crossing. Plaintiff testified he could see from the railroad tracks past the intersection with Samford Street since it was daylight and the weather was clear and dry.

The accident was allegedly caused by a vehicle being driven by defendant Weaver east on St. Vincent, or in the opposite direction from Martin's motorcycle. Defendant was traveling immediately behind another automobile which continued past the intersection of Samford and St. Vincent, but Weaver turned left at Samford in order to proceed north. There were no traffic signals at this intersection. Weaver testified when he began his left turn he could see east all the way to the railroad crossing which was in excess of 300 feet from the point where he began his turn. He stated he saw no one coming but as he had almost completed his left turn the motorcycle suddenly loomed in front of him and he accelerated his speed to get out of the way. He alleged the accident was caused by the excessive speed of Martin.

Martin, on the contrary, contends at the time of the accident he was driving approximately 36 miles per hour, but in no event was he driving faster than 36 to 40 miles per hour. The speed limit at that point is 35 miles per hour. His motorcycle has four forward gears and he stated he had only reached the third forward gear when he observed defendant commencing a left turn in front of him.

Martin applied the brakes to the rear wheel of his motorcycle and skidded some distance and then made an effort to turn his motorcycle on its side in order to slide into the car with the motorcycle cushioning the blow. The motorcycle apparently never struck the car but went behind it causing Martin to fall from the vehicle and be severely injured. The vehicle then came to rest some distance away with the motor still running. It is uncontradicted that Martin went over to his motorcycle, and with the aid of some gentlemen standing nearby, righted the vehicle and cut the motor off.

In addition to the two drivers, the only other eyewitness was an employee of a service station located at the intersection of Samford and St. Vincent Avenue. His testimony adds little to that of the parties inasmuch as he only saw the motorcycle at the moment it and Martin parted company. The report of the police officer, who investigated the accident, was introduced by stipulation. A motorcycle expert was called by plaintiff to testify as to stopping distances at certain speeds and the length of skidmarks caused by sudden braking a motorcycle. This evidence, viewed in...