Clark v. Hill
Clark v. Hill
Opinion of the Court
This action arises out of a car accident involving three vehicles. The plaintiff, Carol L. Clark, filed suit against the defendants, John Hill, Transit Company, Inc. of the City of Kenner and American Druggist Insurance Company, alleging John Hill negligently caused an automobile accident in which Ms. Clark was injured. Following the conclusion of the plaintiff’s case, the trial judge granted a directed verdict in favor of the defendants and dismissed the plaintiff’s lawsuit. From this judgment, the plaintiff devolutively appeals. We affirm.
We are called upon to decide two issues:
(1) whether the trial court erred in invoking the sudden emergency doctrine thereby relieving the defendant of liability; and
(2) whether the trial court erred in granting a directed verdict dismissing the plaintiff’s action.
John Hill’s testimony reflects the following: On December 15, 1980, the plaintiff, Carol Clark, while employed as an airport shuttle van driver, was driving a 1974 Ford van on the exit road at the New Orleans International Airport. Ms. Clark was traveling in the left lane of traffic, and to her
Neither the plaintiff’s deposition nor her trial testimony refute Mr. Hill’s version of the accident with the exception that the plaintiff testified at trial she did not see a red sports car.
The plaintiff contends the defendant failed to exercise reasonable care in that he did not come to a complete stop upon seeing the sports car approaching the stop sign. The trial court found, however, that the plaintiff wholly failed to prove John Hill was negligent. We agree with the trial court that the defendant exercised reasonable care in the operation of his vehicle. It would be unreasonable to expect the bus driver to come to a complete stop upon seeing the sports car approaching the stop sign, particularly when the small car was approaching the intersection at a slow rate of speed. Moreover, the defendant’s testimony was uncontroverted that he was driving cautiously and at a safe rate of speed of approximately 10 miles per hour.
The law governing sudden emergency is stated by our Louisiana Supreme Court in Hickman v. Southern Pacific Transport Company, 262 La. 102, 262 So.2d 385 (1972), which in pertinent part provides:
One who suddenly finds himself in the position of imminent peril, without sufficient time to consider and weigh all circumstances or best means that may be adopted to avoid an impending danger, is not guilty of negligence if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence. 262 So.2d at 389.
In light of our finding that the defendant did not in any way contribute to the emergency which he confronted in this accident, the defendant cannot be said to have been negligent for swerving into the plaintiff’s lane.
The plaintiff stated at trial that she did not see the sports car which allegedly created the sudden emergency situation. Upon cross-examination, however, she admitted that the front of her van was positioned, at the time of the accident, even with the middle of the bus, and thus, it is possible she was unable to see the small car which was, according to the defendant, on the other side of the bus. We find the defendant’s testimony was believable, convincing, and consistent with all of the evidence presented, and the trial court’s determination that the car in fact did exist will not be disturbed. Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978). Accordingly, the trial court did not err in invoking the sudden emergency doctrine relieving the defendant of liability.
We turn now to the second issue. The record reflects that after the plaintiff
For the reasons assigned, the judgment of the trial court is affirmed; all costs of this appeal are to be assessed against the appellant.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.