Welch v. Thomas

• Decision Date: 29 May 1972
• Docket Number: Nos. 8870--8872,s. 8870--8872
• Citation: 263 So.2d 427
• Parties: Linda Edwards WELCH et al. v. Rufus THOMAS, Jr., et al. HARTFORD ACCIDENT AND INDEMNITY COMPANY et al. v. ZURICH INSURANCE COMPANY et al. The TRAVELERS INSURANCE COMPANY v. Wilfred WELCH, Jr., et al.
• Court: Court of Appeal of Louisiana — District of US

Page 427

263 So.2d 427

Linda Edwards WELCH et al. v. Rufus THOMAS, Jr., et al.

HARTFORD ACCIDENT AND INDEMNITY COMPANY et al. v. ZURICH INSURANCE COMPANY et al.

The TRAVELERS INSURANCE COMPANY v. Wilfred WELCH, Jr., et al.

Nos. 8870--8872.

Court of Appeal of Louisiana, First Circuit.

May 29, 1972.

Rehearing Denied June 26, 1972.

Writs Refused Sept. 27, 1972.

John P. Hammond, Montgomery, Barnett, Brown & Read, New Orleans, for appellants.

A. Clayton James, Jr., James & Knight, Franklinton, for Linda and Wilfred Welch, Jr., plaintiff-appellees.

France W. Watts, III, Franklinton, for Travelers Ins. Co. and Wilfred Welch, Jr., defendants-appellees.

Tom H. Matheny, Pittman & Matheny, Hammond, for Hartford Acc. & Indem. Co., Jay J. Piccinati and Susan F. Lee, defendants-appellees.

Before LOTTINGER, SARTAIN and ELLIS, JJ.

SARTAIN, Judge.

These consolidated actions are before us on appeal from the 22nd Judicial District Court, Parish of Washington, and are concerned with a three vehicle automobile accident which occurred in Bogalusa, Louisiana, on February 10, 1970.

On that day, at approximately 4:15 P.M., Susan F. Lee, the fifteen year old niece of J. J. Piccinati, was, with his permission, driving his 1970 Buick north on Avenue F in Bogalusa, that street being an 18 foot wide, asphalt surfaced road located in a sparcely inhabited and generally uncongested area of that city. Traveling in the same direction and immediately behind her was a 1969 Dodge driven by Linda Fay Welch and owned by herself and her husband, Wilfred Welch, Jr. Also traveling north, behind the Welch vehicle, was Rufus Thomas, Jr., driving a 1968 Dodge owned by his father, Rufus Thomas, Sr.

These automobiles became involved in a chain reaction type collision when the driver of the lead vehicle, Miss Lee, suddenly and without warning, stopped her car for a dead cat laying in her lane on the roadway. The following Welch vehicle was, with difficulty, able to stop behind the Lee auto; Thomas, however, immediately behind Mrs. Welch, was not so fortunate as he was unable to bring his automobile to a halt before colliding with the rear of the Welch car, which, in turn, drove that vehicle into the rear of the Lee Buick.

Mr. and Mrs. Welch subsequently brought suit for her personal injuries against the Thomases and their liability insurer, Zurich Insurance Company (hereafter, Zurich), and against the Hartford Accident & Indemnity Company (hereafter, Hartford), the liability insurer of the Piccinati vehicle driven by Susan Lee. Hartford entered suit for the property damage done the vehicle of its insured against Zurich and The Travelers Insurance Company (hereafter, Travelers), the liability insurer of the Welch auto, the Thomases and Mr. and Mrs. Welch on its behalf and on behalf of its insured, Piccinati. Travelers followed with suit against Thomas and Zurich on its behalf and that of the Welches for the property damage done to the Welch auto. This action was later amended to include Piccinati and Miss Lee. Numerous reconventional and third party demands were filed on behalf of the various defendants and the matters were consolidated for trial in the district court and were heard on June 8, 1971. The quantum of the damages to Mr. and Mrs. Welch were stipulated by counsel and all other damages were for repairs to the various vehicles.

The record reflects that Mrs. Welch had entered Avenue F, on her way home from work, at the Marshall Richardson Road intersection which is controlled at that point by a caution light. After turning right on Avenue F, she began to proceed in a northerly direction and had gone approximately three-quarters of a mile prior to the accident. She testified that immediately prior to the accident, she was three to five car lengths behind the Lee Buick and traveling at about 35 m.p.h. Suddenly, and with no warning, she saw the Lee brake lights go on and, almost immediately, saw the rear end of that vehicle rise up as it began a hard, fast stop. Mrs. Welch applied her brakes and, not without difficulty, brought her automobile to an abrupt stop short of the Lee car. She related that a moment of silence followed and then her car was struck by young Thomas whom, moments before, she had noticed in her rear view mirror, coming up fast behind her.

Rufus Thomas, Jr., seventeen years old at the time of this accident, had left his home and was on his way to the grocery store on an errand. He had noticed the Welch car pull onto Avenue F ahead of him at the Marshall Richardson Road intersection and he stated that he proceeded behind her at a distance of approximately three car lengths, or fifty feet to her rear; he estimated his speed at about 30 m.p.h., which is the posted limit on the road. He next saw Mrs. Welch suddenly slam on her brakes and come to a stop at which time he instantly tried to do the same but was unable to do so, thus striking the Welch vehicle.

Captain Reubin Sumrall of the City of Bogalusa Police Department conducted the investigation shortly after the accident. He described Avenue F as being sufficiently straight at the point of impact as to afford drivers a 150 foot view to the front and a one mile view to the rear. He confirmed that it was not dark at the time of the accident and that it had been a dry...