Firemen's Insurance Co. v. G & M Construction Co.
Firemen's Insurance Co. v. G & M Construction Co.
Opinion of the Court
The plaintiff, Firemen’s Insurance Company, carried collision insurance on an automobile owned and driven by James C. Bor-delon, which was involved in an intersec-tional collision with a vehicle driven by Julian Shuman. Firemen’s paid to Borde-lon the amounts due under its policy and took a subrogation against the parties who caused the accident. Named as a party defendant is G & M Construction Company, whose 18 wheel tractor-trailer unit is alleged to have been parked at the intersection in such a way as to obscure a stop sign, in violation of a State statute. The district judge found the truck obscured the stop sign and that this was a legal cause of the accident. From an adverse judgment, G & M Construction Company and its liability insurer, Zurich Insurance Company, appealed.
The issues are: (1) Was the truck parked in such a manner as to “obscure or obstruct” the stop sign, in violation of the statute? (2) If the truck was illegally parked, was this a legal cause of the accident?
The trial judge stated in written reasons: “I conclude that the parking of the truck-trailer so obstructed the stop sign as to constitute a violation of R.S. 32:143 prohibiting parking which obstructs traffic-control devices, and that such obstruction was a substantial causative factor in the collision.”
We find the evidence fully supports these factual conclusions of the trial judge. There is no question that the truck was parked eight to ten feet south of the stop sign in such a manner as to obscure or obstruct the visibility of the stop sign by a motorist approaching from the south on North Fourth Street. Shuman testified that because of the truck he could not and did not see the stop sign. He proceeded into the intersection where he struck the vehicle of plaintiff’s insured.
The defendants argue that since the truck was parked eight to ten feet south of the stop sign, it did not obscure visibility of the sign. The trial judge held to the contrary and we agree. Photographs filed in evidence show clearly that the truck did obscure visibility by a motorist approaching from the south on North Fourth Street, even though the truck was eight to ten feet from the sign.
Defendants also argue that the truck was pulling a flatbed trailer which was empty, and that a motorist could see the sign over the trailer. The trial judge held to the contrary, and photographs filed in evidence support a finding that visibility was at least obscured, if not completely obstructed.
Finally, defendants argue that even if the truck was illegally parked, this was not a legal cause of the accident. They say first that Shuman was familiar with the intersection and knew the stop sign was there. Shuman admitted that his father-in-law lived in Eunice about six blocks from the intersection in question. Nevertheless, Shuman testified he was not very familiar with the intersection and that the parked truck caused him to fail to see the stop sign. Defendants also argue Shuman had time, after passing the truck, to see the Bordelon vehicle and stop. Shuman denied this. The testimony by Mr. Shuman is sufficient to support the finding of fact by the trial judge as to causation.
For the reasons assigned, the judgment appealed is affirmed. All costs of this appeal are assessed against the defendants-appellants.
AFFIRMED.
WATSON, J., dissents and assigns written reasons.
Dissenting Opinion
dissenting:
The majority affirms the trial court’s decision on. the theory that a parked truck was a “legal cause” of an intersectional collision.
None of the witnesses, except driver Shu-man, who ran the stop sign, testified that the sign was hidden by the parked truck. Some doubt arises as to Shuman’s lookout since he approached the apparently unmarked intersection, reduced his speed (according to his testimony) to 16 m.p.h., trav
The truck was legally parked. It is an over-extension of the statute to hold that a driver, who legally parks, is obliged to scout around to see that he is not partially obscuring a traffic control device. A driver is entitled to rely on the authorities who plan parking to make that determination.
The parked truck was not shown to be a cause in fact of this particular accident, and, with respect, I therefore disagree with my colleagues of the majority and with the esteemed trial judge.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.