Reppeto v. Raymond, Civ. A. No. 759.
| Decision Date | 07 May 1959 |
| Docket Number | Civ. A. No. 759. |
| Parties | Saville W. REPPETO, Plaintiff, v. Walter D. RAYMOND and Anna Raymond, d/b/a Raymond's Poultry Farm, Defendants (Carl Reppeto, Third Party Defendant). |
| Court | U.S. District Court — Western District of Arkansas |
Patten & Brown, Little Rock, Ark., for plaintiff.
Nathan L. Schoenfeld, Hot Springs, Ark., for defendants.
On September 10, 1958, the plaintiff filed her complaint herein against the defendants, Walter D. and Anna Raymond, d/b/a Raymond's Poultry Farm, in which she alleged that on March 25, 1957, she was the occupant of a 1956 Cadillac automobile owned by her and driven by her husband, Carl Reppeto, in a westerly direction on U. S. Highway 70 approximately one mile east of Hot Springs, Arkansas, at which time the defendant, Anna Raymond, who was driving in an easterly direction on the same highway, negligently turned her 1954 Plymouth station wagon across the plaintiff's lane of traffic, causing a collision between the two automobiles. The complaint further alleged that the defendant Anna Raymond, was negligent in failing to yield the right of way, failing to make a signal of left turn, in slowing her vehicle at the time she was blocking the plaintiff's lane of traffic, in failing to keep a proper lookout, and in failing to keep her vehicle under reasonable control. The plaintiff also alleged that the defendant, Anna Raymond, was acting as an agent or servant for the defendant, Walter D. Raymond. She alleged various personal injuries and damage to her automobile as a result of the collision, and prayed judgment in the sum of $75,265.90.
In due course the defendants answered, denying the allegations of negligence. The defendants at the same time asserted a cross-claim against Carl Reppeto and a counterclaim against the plaintiff alleging that Carl Reppeto was guilty of negligence in driving at an unreasonable rate of speed under the circumstances, in failing to keep a proper lookout, and in failing to keep his vehicle under proper control. They also alleged that he was acting as agent and servant for the plaintiff, Saville Reppeto, and that his alleged negligence was imputed to her. The defendant, Walter D. Raymond, prayed for damages to his Plymouth automobile in the sum of $264 and the defendant, Anna Raymond, prayed for damages in the sum of $8,000 for alleged personal injuries against Saville Reppeto and Carl Reppeto, jointly and severally.
The plaintiff filed her reply to the counterclaim and the cross-defendant filed his answer to the cross-claim on the same day, both of which pleadings substantially reiterate the allegations of the complaint.
On April 21, 1959, the case was tried to the court without a jury. At the conclusion of all the testimony it was submitted and taken under consideration subject to the filing of briefs by the parties. The briefs have been received, and the court has considered all of the ore tenus testimony, the exhibits, the depositions introduced, along with the briefs, and now makes and files its formal Findings of Fact and Conclusions of Law.
The plaintiff is and was at the time the complaint was filed a citizen of Texas. The defendants are citizens of Arkansas, residing in Garland County, Arkansas, and the cross-defendant, Carl Reppeto, is a citizen of Texas. The amount in controversy is in excess of $10,000.
On March 25, 1957, the plaintiff, Saville Reppeto, and her husband, Carl Reppeto, were driving in a westerly direction on U. S. Highway 70. The car was being driven by Carl Reppeto, but it was owned by the plaintiff, Saville Reppeto. As they approached the City of Hot Springs, Arkansas, and reached a point approximately two miles east thereof, they came over a rise or small hill on the highway and proceeded down a slight incline.
At approximately the same time the defendant, Anna Raymond, was driving a 1954 Plymouth station wagon loaded with several cases of eggs in an easterly direction on U. S. Highway 70. She intended to make a left turn across the highway to enter the driveway of an establishment known as The Pines. She was driving approximately 20 to 30 miles per hour, and prior to making the turn gave a signal of her intention to so do. The car immediately behind her was driven by Mr. Nick Sarres, and upon noting that she was about to turn, Mr. Sarres, appropriately slowed his vehicle. When Mrs. Raymond reached a point on the highway approximately 1,550 feet west of the rise or crest of the small hill, she stopped for the purpose of making her left turn. She succeeded in getting most of the station wagon across and off of the highway and into a private driveway at The Pines, when her vehicle was struck by the Cadillac driven by Carl Reppeto. At the point where the private driveway of The Pines intersects Highway 70, there is a slight drop off from the pavement on Highway 70 to the private driveway, and as Mrs. Raymond attempted to enter the driveway, she slowed her vehicle in order to prevent a breakage of the eggs which she was carrying.
The impact between the two vehicles occurred on the pavement on the north side of the highway and in the lane of traffic for the Reppeto vehicle. At the time of the collision, the rear of the Raymond vehicle did not occupy more than two or three feet of the westbound traffic lane on Highway 70. The Raymond vehicle was struck on the right rear fender by the right rear fender of the Cadillac driven by Carl Reppeto. In other words, the Reppeto vehicle immediately prior to the impact swerved to its left so that its right rear fender rather than the front end came in contact with the Raymond station wagon.
After striking the Raymond vehicle the Reppeto car proceeded in a southerly direction across the highway and came to rest in a private driveway on the south side of the highway, 96 feet west of the point of impact. Tire marks on the pavement left by the Reppeto vehicle began at a point 208 feet east of the point of impact.
From the point of impact vision is unobstructed in an easterly direction for approximately 1,544 feet to the crest of the rise or small hill in the highway, heretofore mentioned. Likewise from that hill or crest, vision is unobstructed to the point of impact. Nevertheless the cross-defendant, Carl Reppeto, did not see the Plymouth automobile driven by Anna Raymond until she was in the act of turning that vehicle across the road. Reppeto was driving his wife's automobile in excess of 60 miles per hour.
In 1956 Reppeto had had a heart attack, and in connection therewith, and possibly with other ailments as well, he was taking 18 medically prescribed pills or tablets a day.
At the time of the collision the defendant, Anna Raymond, was attempting to deliver eggs in connection with the poultry farm which was owned and operated by her jointly with her husband, the defendant, Walter D. Raymond, and it was admitted at the trial that she was at the time acting as agent or servant for her husband and within the scope of her employment.
As stated previously, the 1956 Cadillac driven by Carl Reppeto was wholly owned by the plaintiff, Saville Reppeto. At the time of the collision they were on their way to Hot Springs, Arkansas, on a mutual vacation or pleasure trip. Prior to that time they had been visiting with friends and relatives of the plaintiff in Arkansas.
Sometime after the collision but not immediately, the plaintiff, Saville Reppeto, developed muscular pains in her back and shoulders, and subsequently made complaints of other ailments which were diagnosed as arthritis. She also developed a high degree of nervousness and in a short time a skin condition or rash which was diagnosed by one doctor as "lichen planus." A dermatologist, Dr. Joseph Murray Riddell, Jr., testified on deposition that "she has today a chronic itching eczema." He refused to confirm the original diagnosis, and stated that the cause of her present disorder is an outgrowth of lichen planus, but that the cause of lichen planus itself is unknown. Mrs. Reppeto's skin disorder is consistent with an allergic reaction.
Mrs. Reppeto had previously experienced menstrual and menopausal difficulties which had required surgery. She also previously had dermatitis of some type and had suffered from states of nervousness and anxiety. Sometime following the collision, she noted an increase in her nervous state and a considerable increase in her dermatitis or skin disorder. She also experienced muscular pains in her back and neck and other back difficulties which were diagnosed as arthritis. As indicated in the deposition of Dr. Joe R. Wise, she had previously had arthritis, and there is no indication of any serious aggravation. Her condition in this respect after the accident was, as stated by Dr. Wise, "virtually the same" as it had been previously.
The plaintiff has lost considerable time from her employment and has had considerable medical expense since the accident due to her skin disorder and nervousness. In view of the court's conclusions, however, it is not necessary to make a finding as to the amount of that expense.
The damage to the plaintiff's automobile was in the sum of $265.90.
Following the collision, the defendant, Anna Raymond, remained at the scene of the accident for sometime and stayed there after a rain started, as a result of which she aggravated various pulmonary disorders to which she was susceptible. She later developed a recurrence of menstrual and menopausal symptoms which she had previously had, and which required extensive treatment and hospitalization. However, it is not necessary to determine the expense thereof because of other conclusions of the court.
The damage to the automobile owned by the defendant, Walter D. Raymond, was $264. The defendant, Anna Raymond, also suffered relatively minor muscular strains as a result of the accident.
As shown by the Findings of...
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