432 So. 2d 873 | La. Ct. App. | 1982
Rehearing
ON REHEARING
We reinstate our original decision, reversing the judgment of the trial court. As, plaintiff in this suit, Greyhound Lines, Inc. had the burden of proving by a preponderance of the evidence that the defendants were liable to it. Greyhound has failed to carry its burden. The record reflects that the collision which caused the damages to Greyhound occurred due to the concurrent negligence of Gaudet and the driver of the bus.
The claim of Greyhound arises out of the following set of facts: At about 6:30 a.m.
The trial judge, for oral reasons dictated in the record, granted Greyhound a judgment for its damages. The judge found that Lafayette Street, being a north and south street, was the preferred street entitling the bus to the right of way. This decision was based on Houma Ordinance Section 22-24, which provides:
Except as otherwise designated in accordance with subsection (b) hereof, all streets running in a northerly and southerly direction are hereby declared to be a right-of-way or through streets.
Subsection (b) of this ordinan’ce sets forth the means of designating and controlling streets and intersections, one of which is thé placement of a traffic light. Once a street has been equipped with a signal light, motorists traveling thereon are required to obey the signal. Lafayette, although a north-south street, is controlled by a signal light and is, thus, excepted from the cited section of the ordinance.
We find that the case of Soprano v. State Farm Mutual Automobile Insurance Company, 165 So.2d 308, 311 (La.1964), is applicable to the present situation. The Soprano Court established:
Once a municipality has erected a four-sided automatic signal device at an intersection such as this, [statutory traffic designations] are no longer applicable so long as that device remains visible to an ordinary, observant motorist whether it is functional or not.... Should the device become non-operative, as in this case, the duty of an approaching motorist is then to exercise extreme caution at such an intersection and not to proceed therein until he ascertained that he can negotiate the intersection with safety.
A duty of extreme caution is imposed upon a motorist approaching an intersection with a non-operative traffic light. A motorist entering such an intersection without slowing down or stopping to ascertain whether the crossing can be negotiated safely is said to be imprudent and his actions constitute negligence in legal con
The record establishes that Gau-det should have seen the approaching bus, and his attempt to cross the intersection in view of the approaching bus clearly constitutes negligence. He breached the duty of extreme caution owed by him to other motorists in entering this intersection when it apparently could not be traversed in safety. The same duty of extreme caution was owed by the driver of the Greyhound bus. As the traffic light at this intersection was noh-operative, the driver of the bus had a duty to slow or stop, and not to proceed or to proceed with caution until she ascertained that it was safe to traverse the intersection. The testimony of Zulevich merely establishes that she took her foot off the power throttle when she saw the signal light was not functioning. Her action under the circumstances does not fulfill the duty of extreme caution owed by her. Like Gaudet, the bus driver caused this accident when she breached the duty of stopping or slowing and proceeding into the intersection only when it could be safely crossed.
Greyhound, in this action, sought to recover property damages resulting from the collision, and was awarded such damages by the trial court. Since the evidence in the record shows that the collision was the fault of Greyhound and Gaudet conjointly, the trial judge erred in making an award to Greyhound, the plaintiff herein. Recovery by Greyhound for its damages will be denied.
Accordingly, for the above and foregoing reasons, the judgment of the district court awarding damages to Greyhound is reversed, and the demands of Greyhound Lines, Inc. are dismissed.
REVERSED.
. Our granting of Greyhound’s request to remand in the companion cases of Hebert, 432 So.2d 872 (La.App. 1 Cir. 1982), and Woolens, 432 So.2d 876 (La.App. 1 Cir. 1982), does not affect Greyhound’s failure to present sufficient evidence in its behalf to prove the question of liability in the instant case. LSA-C.C.P. art. 1810 does not suggest that a party plaintiff can avail himself of another opportunity to prove his case in the event a directed verdict is reversed on appeal. It is only to a party defendant that an opportunity is granted to put on his case, under such circumstances.
Lead Opinion
For the reasons stated in the companion case of Betty Gros Gaudet v. Louisiana Department of Highways, 432 So.2d 867 (La.App. 1 Cir.1982), in which a separate decision has been rendered by us on this date, the judgment appealed herein is reversed. The demands of Greyhound Lines, Inc. are dismissed. Costs of this appeal are to be borne by Betty Gros Gaudet and Greyhound Lines, Inc.
REVERSED.