BYRNES, Judge.
This suit arises out of a chain reaction collision involving five vehicles on a rain-soaked portion of the interstate highway. The speed limit is fifty-five (55) miles per hour, but due to the weather conditions and the medium to heavy traffic all the vehicles involved in the accident were traveling at approximately twenty (20) to twenty five (25) miles per hour. At the location of the collision, the westbound interstate is five (5) lanes wide. The extreme right two (2) lanes are entrance lanes merging from Tulane Avenue. The innermost of these two (2) lanes continue for approximately one (1) mile before becoming an exit onto Metairie Road. The outermost lane merges into the inner lane, approximately midway between the Tulane entrance and the Metairie Road exit. A vehicle driven by the plaintiff, Gloria Cisneros, in the first right hand lane either stopped or drastically reduced its speed. The following car driven by Ferro came to a stop behind Cisneros' car and was hit from behind by a car driven by Mrs. Bolling. This subsequent collision drove Ferro's car into the rear of the Cisneros' vehicle, causing the injuries complained of by Cisneros. Following the collision between Bolling and Ferro, Bolling's car was hit in the rear by a car driven by Donald T. Ranna, Jr., and in turn Ranna's car was rearended by a car driven by Mrs. Todt. Ferro testified that she was propelled into the Cisneros car by the impact and that the subsequent two impacts did not cause her to hit Cisneros again. This testimony is consistent with Cisneros' testimony whereby she stated that she was hit once and that she heard several subsequent impacts.
In a jury trial, the jury found that the defendants were not negligent and that the plaintiff was negligent and that her negligence was a proximate cause of the accident. Appellant appeals the judgment dismissing her suit and urges this court to render a judgment in her favor awarding appropriate damages.
The appellant maintains the trial court erred in not permitting certain jury charges to be read to the jury. Further, it is argued that the jury erred in finding Cisneros totally negligent and that her negligence was a proximate cause of the accident. Finally, the appellant argues that the trial court should have granted a motion for a new trial because the jury's decision was against the weight of the law and the evidence. The trial court refused to charge the jury with appellant's jury charges No.'s 1, 4, 5, 7, 14, 16, and 17.
We feel that this charge is in accordance with present day law pertaining to rear-end collisions and the attendant liability. In light of the charge given to the jury, the absence of the special charges requested by appellant in our opinion was not of such importance that had they been given, the jury would have reached a different verdict.
The apparent reason the jury rendered a verdict against the plaintiff appears to be that the weight of the law and the evidence was such that the jurors concluded that Mrs. Cisneros's negligence was a contributing factor to the accident. The testimony of Ferro indicates that Mrs. Cisneros came to a complete and abrupt stop in her lane and although Mrs. Cisneros testified that she had not completely stopped, the jury obviously chose to believe the testimony of Ferro. We find adequate evidence in the record to support the jury's determination and we thereby leave it intact pursuant to the guidelines enunciated in Canter v. Koehring Co., 283 So.2d 716 (La.1973). Further, the mere fact that the jury made a factual decision on the differing testimony suggests to this court that in the case at bar there does not exist "the hopeless conflict" in testimony as alluded to in plaintiff's jury charge No. 14, and as a result, the legal presumption of the defendant's responsibility cannot be said not to have been overcome.
In today's litigious society, to even the most casual observer, it is almost axiomatic
Failure to maintain a specific distance between automobiles proceeding in the same direction does not constitute negligence per se. The facts of each case determine what is a safe or reasonable distance, but the following motorist is only liable for failing to avoid foreseeable dangers and emergencies. The driver of the following automobile is entitled to rely upon the assumption that the automobile ahead is being driven with care and caution in accordance with the laws of the road and that the driver thereof will not commit acts of negligence which will endanger the following traffic. Taylor v. Genuine Parts Co., 192 So.2d 241 (La.App. 4th Cir. 1966), Aetna Casualty & Surety Co. v. Henry, 307 So.2d 375 (La.App. 1st Cir. 1974), Morgan v. Whittington, 191 So.2d 911 (La.App. 1st Cir. 1966), Nomey v. Great American Indemnity Co., 121 So.2d 763 (La.App. 2nd Cir. 1960), Flowers v. The St. Paul Co., 336 So.2d 1018 (La.App. 2nd Cir. 1976).
In Am.Jur.2d, Volume 7 A, on page 1116, Section 849, states generally:
This circuit in Deiler v. Clayton, 378 So.2d 516 (La.App. 4th Cir. 1979), applied the principles enumerated in the case of Taylor v. Genuine Parts, Co., supra. In Deiler the following vehicle was suddenly faced with the sudden stop of the preceding vehicle. Brakelights were displayed and the driver of the following vehicle was not able to stop in time. Further, the following vehicle was unaware of any reason why the preceding vehicle would have to make a sudden stop until he was appraised of the hazard after the collision. From his vantage point there was for all practical purposes the same situation as faced by Ferro, namely, that there was no reason ascertainable by the following vehicle which would cause him to have noticed that the preceding vehicle might have cause to stop.
We therefore affirm the lower court's decision in full and assess all costs to appellant.
AFFIRMED.
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