Parker v. Sinclair & Ward Realty Co.
Parker v. Sinclair & Ward Realty Co.
Opinion of the Court
Wilbert Parker sued Lois Yaeger and others for damages arising out of an intersec-tional collision. The trial court found Yae-ger to be negligent and Parker to be con-tributorily negligent, dismissing his suit. He appeals. The only issue before us is the contributory negligence of Parker.
The resolution of this issue depends largely upon the credibility of the witnesses, and the trial court in his reasons for judgment relied mainly upon the sequence of events as related by Yaeger, and stated that Parker did not discharge his duty to look and see that the intersection was clear. We agree with the findings of the trial judge. The testimony of Parker as to how the collision happened is contrary to the physical facts of damages on the automobiles involved. Additionally, it seems improbable, under his testimony, that the Yae-ger vehicle would have missed the automobile Parker places ahead of him in the left lane and be able to strike Parker on the side as he related.
LSA-R.S. 32:232(l)(a) requires a vehicle facing the green signal, before starting into that intersection, to yield the right of way to other vehicles lawfully within the intersection. See also Potts v. United States Fidelity & Guaranty Company, 135 So.2d 77, (La.App. 2d Cir. 1961); and McMullan v. Travelers Insurance Company, 311 So.2d 902 (La.App. 2d Cir. 1975). We affirm the ruling appealed from.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.