Williams v. Schommer
Williams v. Schommer
Opinion of the Court
We find no error in the trial court’s judgment awarding plaintiff $1,356.00
Plaintiff’s version of the accident is as follows. At about midnight on September 2, 1977, Gerald Williams, the plaintiff, was driving in a westerly direction in the left lane, the one nearer the median, on the up-ramp of the North Claiborne Avenue Industrial Canal bridge.
Leon Schommer, on the other hand, testified that his car had stalled in the left lane after it had stopped in front of the cross
Although reasons for judgment were not assigned by the trial judge, it is clear that he accepted plaintiff’s version of the accident and rejected defendant’s version. From our consideration of the record we cannot say the trial judge erred. Plaintiff’s testimony that defendant’s automobile had no lights on was corroborated, to some extent, by a stipulated police report indicating that shortly before the collision an off-duty police officer had observed defendant’s vehicle abandoned in the left lane, unattended and without lights. According to the police report, the vehicle “was in a very dangerous position and hard to see.” A tow wagon was requested by this officer but the accident occurred before its arrival.
Although there is a presumption that a rear-ending motorist is negligent,
While the primary thrust of defendant’s argument in this appeal is directed against the court’s liability determination, Schommer complains of the awards made to plaintiff other than the award for damage to the vehicle in the sum of $834.50. We reject this contention. Plaintiff testified that he injured his knee in the accident and it was a “little sore the next day.” Williams testified also that he was deprived of the use of the automobile for approximately three days. He described the inconvenience resulting from having the automobile repaired. Furthermore, the testimony regarding the depreciation of an automobile after it has been wrecked and the appraisal fee cost were uncontradicted. Under these circumstances we cannot say that the general damage award in the sum of $200.00, the inconvenience and loss of use award in the sum of $100.00, the depreciation award in the sum of $200.00, and the $22.50 appraisal fee constituted an abuse of the trial court’s discretion.
Accordingly, the judgment is affirmed.
AFFIRMED.
. The $1,356.00 award comprised the following: $200.00 in general damages; $834.50 in damage to vehicle; $100.00 for inconvenience due to/and loss of use of vehicle; $200.00 for depreciation of vehicle; and $22.50 for an appraisal fee.
. This draw bridge, known as the Judge Seeber Bridge, consists of four lanes, two in either direction separated by a median.
. A tow-truck arrived on the accident scene before an investigating officer. It is undisputed that defendant was in his vehicle at the time of the collision.
. LSA-R.S. 32:81 provides:
“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.”
Jurisprudence interpreting this statute has established a presumption of negligence or breach of the statute when a motorist strikes the rear of a preceding vehicle. Eubanks v. Brasseal, 310 So.2d 550 (La. 1975); Jones v. Meinke, 357 So.2d 838 (La.App. 4th Cir. 1978); Leftwich v. Molony, 322 So.2d 438 (La.App. 4th Cir. 1975).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.