Danos v. RichouxDanos v. Richoux
This is a suit for wrongful death arising out of an automobile-pedestrian accident in which Naricess Danos was killed. Stephen Danos and Donald Danos, the decedent’s sons, and Roy Guidry as natural tutor of
The accident occurred on February 13, 1975, at approximately 6:30 p. m. in front of Linton Duet’s Grocery Store on Louisiana Highway 308 in Cut Off, Louisiana. La. 308 is a two lane highway, approximatеly 20 feet wide, which runs north and south on the east bank of Bayou Lafourche. Duet’s store fronts on La. 308 on the far side of the highway from the bayou. On the bayou side of La. 308 opposite Duet’s store is a building known as the “shrimp shed.”
On the evening of the accident, the decedent and his wife went to Duet’s store to purchase groceries. They parked on the shoulder of La. 308 in front of the shrimp shed and crossed the highway to the store. After a short time, decedent left the store to use the bathroom in the shrimp shed. Mrs. Danos continued shopрing.
About this time, Ms. Richoux left her home about a block north of the store, turned onto La. 308, and drove southbound with hеr lights on and at a lawful rate of speed. As she approached the shrimp shed the decedent stepped from her right into the path of the car and was struck by the right side of the vehicle. The point of imрact was in the southbound lane. Ms. Richoux testified that she did not see the decedent prior to impaсt. Ms. Richoux was the only witness to the accident.
The trial court held that the sole cause of the aсcident was the decedent’s negligence in being intoxicated
Plaintiffs list four errors allegedly committed by the trial court. Two of these errors relate to the trial court’s factual conclusions that the decedent stepped onto the highway from Ms. Richoux’s right and that the decedent was negligent. The third specification of error maintains that the trial court allowed improper crоss-examination of a witness on matters not brought out on direct examination. The last error urges the aрplicability of the doctrine of last clear chance.
We find no merit in the two specificatiоns of error attacking the trial court’s factual findings and conclusions. The trial judge set forth these findings and conclusions in seven (7) pages of Written Reasons for Judgment. Our examination of the record reveals that there is ample evidence in the record to support the trial court’s findings. We find no error. Canter v. Koehring Company,
Next, plaintiffs contend that the trial court erred in allowing counsel for defendants to cross-examine a witness on mаtters not related to evidence brought out on direct examination. Plaintiffs argue that Louisiana follоws the “narrow rule” regarding the scope of cross-examination.
We find plaintiffs’ contention untenable.
The scope of cross-exаmination in Louisiana in civil cases is not statutorily defined, as in criminal cases. Cf.
However, Vanzant was rendered nugatory by the case of Schwing v. Dunlap,
The holding in Schwing was followed and further amplified in Davis v. Unity Life Ins. Co.,
“The rule prevailing in this state is that a witness on his cross-examination may be interrogated upon matters wholly unconnected with those upоn which he was examined in chief.” (citations omitted).
Accordingly, we find that the cross-examination allowеd in this case was proper.
Finally, plaintiffs contend that the trial court erred in not applying the doctrine of last clear chance.
We find, as did the trial court, that the doctrine is not applicable to the instant factual situation because Ms. Richoux was not negligent. Butler v. State Farm Mutual Automobile Insurance Co.,
Accordingly we reject plaintiffs’ contention.
For the above reasons, the judgmеnt of the trial court is affirmed at plaintiffs-appellants’ cost.
AFFIRMED.
Notes
. Ms. Richoux was married after the accident. Her married name is Charlene Richoux Orger-on. In this opinion, she is referred to by her maiden name, Richoux.
. Decedent’s blood alcohol content, tested after the accident, was .25 percent alcohol by weight.