Resolute Insurance Co. v. Cunningham
Resolute Insurance Co. v. Cunningham
Opinion of the Court
In addition to the facts applicable to this case as stated in the companion case of Audubon Insurance Company v. Cunningham (Grain Dealers Mutual Insurance Company) 132 So.2d 657, it is shown that Pellegrin was traveling at approximately 55 miles per hour, had encountered several light patches of fog and upon entering the smog or just prior thereto applied his brakes, which first showed skid marks even with the right front light of the Cunningham car and thence down the highway for a distance of 135 feet where it came to rest in an eastbound traffic lane. As the Cunningham car was approximately 50 to 75 feet within the smog, Pellegrin evidently had concluded to apply his brakes before even entering the smog. Without discussing the testimony in detail, we are convinced that the preponderance of the evidence proves that the right side of the right front parking light and a slight indentation to the right front fender was the extent of the damage to the Pellegrin car as a result of its collision with the Cunningham automobile. It probably struck the extreme right portion of the Cunning
We cannot agree with this contention as the sole proximate cause of the extensive damage was the negligence of the operator of the Authement vehicle.
The District Court awarded judgment for the entire damage to the Pellegrin car. The slight damage resulting from the collision with the Cunningham car can be identified and distinguished from the excessive damage resulting from the collision with the Authement vehicle. There being no proof of the damage done by the collision between the Pellegrin and Cunningham cars, there should be no judgment rendered against the defendant in this case.
The judgment of the Lower Court is erroneous and is hereby reversed and the plaintiff’s suit dismissed at its costs.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.