Radecker v. Phillips
| Decision Date | 02 June 1969 |
| Docket Number | No. 3491,3491 |
| Citation | 223 So.2d 468 |
| Parties | Lionel RADECKER v. Pascal G. PHILLIPS and Allstate Insurance Company. |
| Court | Court of Appeal of Louisiana — District of US |
Garvey, Salvaggio & Prendergast, John A. Salvaggio, New Orleans, for plaintiff-appellee.
Porteous, Toledano, Hainkel & Johnson, Stephen T. Victory, New Orleans, for defendants-appellants.
Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Donald O. Collins, New Orleans, for intervenor-appellee.
Before CHASEZ, BARNETTE and LE SUEUR.
LE SUEUR, Judge.
Pascal G. Phillips and Allstate Insurance Company appeal from judgments of $4,500.00 in favor of Lionel C. Radecker for injuries sustained in an automobile accident and $465.10 in favor of Radecker's compensation insurer for medical payments made.
On November 30, 1966, plaintiff and defendant Phillips were involved in an automobile accident in New Orleans on South Carrollton Avenue at its intersection with Panola Street. South Carollton Avenue at the scene of the accident is divided by a neutral ground, each roadway being approximately three vehicular lanes wide but not marked with lane indicators. The neutral ground lane and the next or middle land accommodate moving traffic, while the third or sidewalk lane is used as a parking lane.
Plaintiff sought damages for pain and suffering, lost wages and property damages. He claimed that he was in the neutral ground lane going toward South Claiborne Avenue, saw traffic halted in his lane at Panola Street and applied his brakes, either coming to a stop or being virtually stopped approximately 40 feet behind the car ahead of him. He then looked into his rear view mirror, saw defendant Phillips coming and apparently not slowing down, and cut his steering wheel to the left. Plaintiff then remembered nothing until he regained consciousness in the hospital.
Phillips claimed that he was proceeding in the middle lane and that there was no traffic stopped in his lane. As he approached Panola Street, plaintiff swerved over in front of him and then tried to swerve back but his rear bumper became entangled with defendant's left front fender and defendant was pulled into the neutral ground lane. Plaintiff's vehicle continued onto the neutral ground where it struck a tree and defendant's vehicle, being out of control, struck the last car in the lane of stopped vehicles.
The owner of this last vehicle testified that he was stopped in the middle lane, saw plaintiff behind him and was then struck by defendant. A diagram drawn by the police officer who investigated the accident was admitted into evidence and showed traffic stopped in the middle lane of traffic.
After the accident plaintiff was taken to Baptist Hospital and from there to Touro Infirmary. Plaintiff's doctor examined him and found contusions of the face and head, lacerations of the scalp, upper lip and bridge of the nose, a bruise or contusion of the anterior chest wall and contusions of both knees in the region of the kneecap. He was treated for cuts about the face and head sustained when his head struck and went through the windshield. He was also observed for a possible brain concussion. Plaintiff remained in the hospital from the evening of November 30 to the morning of December 3, 1966. Plaintiff remained at home approximately another week, missing a total of about a week and a half of work time.
The Travelers Insurance Company intervened in the suit alleging that they had paid $465.10 in workmen's compensation benefits for plaintiff's medical expenses.
The case was tried by jury and a judgment was granted in favor of plaintiff against Phillips and Allstate, in solido, for $4,500.00 without itemizing specific amounts for each item of damage awarded. Judgment was also granted in favor of Travelers for $465.10.
As stated before, plaintiff testified that traffic was stopped in the neutral ground land and that he had slowed or stopped completely in the neutral ground lane. Defendant testified that plaintiff was in the neutral ground lane, that traffic was stopped ahead of plaintiff in the neutral ground lane and that plaintiff had swerved over into the middle lane and then back again. Mr. Belsom, the driver of the last car in the line of stopped cars, testified that the cars were stopped in the middle lane and that he had seen plaintiff behind him by looking in his rear view mirror. The investigating officer's diagram of the accident scene...
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96-92 La.App. 3 Cir. 9/25/96, Pierce v. Milford
...with reasonable certainty. See, e.g., Craig v. Burch, 228 [96-92 La.App. 3 Cir. 5] So.2d 723 (La.App. 1 Cir.1969); Radecker v. Phillips, 223 So.2d 468 (La.App. 4 Cir.1969); Smith v. Brekeen, 216 So.2d 90 (La.App. 1 In requiring this artificial prerequisite for recovery for loss of earnings,......
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Jordan v. Travelers Ins. Co.
...prove an earnings-loss with reasonable certainty. See, e.g.: Craig v. Burch, 228 So.2d 723 (La.App.1st Cir. 1969); Radecker v. Phillips, 223 So.2d 468 (La.App.4th Cir. 1969); Smith v. Brekeen, 216 So.2d 90 (La.App.1st Cir. In requiring this artificial prerequisite for recovery for loss of e......
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Spillers v. Montgomery Ward & Co., Inc.
... ... See, e.g.: Craig v. Burch, 228 So.2d 723 (La.App.1st Cir. 1969); Radecker v. Phillips, 223 So.2d 468 (La.App.4th Cir. 1969); Smith v. Brekeen, 216 So.2d 90 (La.App.1st Cir. 1968) ... 'In requiring this artificial ... ...