McCrory v. Rochester
McCrory v. Rochester
Opinion of the Court
Defendant appealed from a judgment awarding plaintiff damages received in a rear-end collision.
The issues are: negligence of defendant and the contributory negligence of plaintiff.
We reverse and render.
Defendant was operating a tractor-trailer rig loaded with 13" diameter heavy duty pipe which extended 9'9" beyond the rear of the vehicle in heavy late afternoon traffic on U. S. Highway 61, a four-lane blacktop highway. The weather was clear and dry. No warning flag was attached to the pipe. Maneuvering to execute a right hand turn into an unmarked gravel driveway, defendant put on his right blinker, slowed down and stopped in the right lane.
Plaintiff, traveling in the same lane in a van at the speed limit of 55 miles per hour approached the rig from the rear. From a distance of at least 100 yards behind the truck, plaintiff saw the right turn signal blinking. Because he saw no brake lights, plaintiff assumed the rig was only slowing down. He saw no warning flag and was unable to tell from that distance how far the pipe protruded beyond the rear of the rig, but knew the truck was carrying pipe.
Plaintiff contends defendant was negligent in stopping on a heavily trafficked highway without displaying any brake lights or emergency flashers. He points out defendant could have pulled off onto a twelve-foot gravel shoulder. Defendant testified a right-hand turn necessitated his using a portion of the left lane. He had momentarily stopped to allow the traffic to clear before effecting his turn. We agree with plaintiff that defendant’s actions were a contributing factor in the accident and a breach of his duty to plaintiff. A tractor-trailer rig at a full stop, even momentarily, on a heavily travelled highway poses an extremely hazardous situation. Defendant, at a minimum, should have utilized his emergency flashers to warn approaching motorists.
Our conclusion obviates the necessity of considering the violation of the statute governing the display of flags on an overhanging load.
We find, however, that plaintiff’s recovery is barred by his own contributory negligence. LSA-R.S. Art. 32:81 furnishes the standard of care required of motorists following other vehicles.
Because we find plaintiff contributorily negligent, we need not address the remainder of defendant’s claims.
For the above reasons, the judgment of the trial court is reversed. There is now judgment in defendant’s favor dismissing plaintiff’s claim at his costs.
REVERSED AND RENDERED.
. LSA-R.S. Art. 32:81:
“A. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway. * *”
Reference
- Full Case Name
- Tommy R. McCRORY v. Earl C. ROCHESTER
- Cited By
- 2 cases
- Status
- Published