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Bender v. Cron12/12/2001
n stated the left lane was clear when he changed lanes and he did not fail to yield. Cron also told the trooper that Bender was speeding. Trooper Wood also testified that, although Cron gave him the name of an independent witness to the accident, Trooper Wood did not contact the witness.
The court also heard testimony from Cron. He stated that he was driving his Toyota Pickup truck on Airline Highway. He entered the on-ramp to the traffic circle at Causeway Boulevard. As he approached the merge lanes from traffic entering the circle from Causeway Boulevard, he observed that the two merge lanes were clear. He entered the right merge lane behind a large, slow moving truck. At that point there was no traffic in the left lane, so Cron put on his turn indicator and proceeded into the left lane to go around the truck. He had gone a short distance when he heard a horn. He checked his rear-view mirror and saw Bender's vehicle approaching from the rear at a high rate of speed. Cron tried to speed up to avoid the accident, to no avail. Bender's vehicle hit Cron's vehicle on the rear bumper. Cron testified that at the time of impact, he was traveling at about forty-five miles per hour. After the accident, both vehicles continued down the ramp, and stopped at a store on the corner of Jefferson Highway and Causeway Boulevard. When the two vehicles stopped at the store, a witness to the accident stopped and gave Cron his business card.
Emile Gautreaux testified that he witnessed the accident in question. He stated that he does not know either Cron or Bender. According to his testimony, Gautreaux entered the up-ramp to the traffic circle, intending to proceed onto Jefferson Highway, eastbound. As he approached the merge lanes, he was behind Cron's vehicle. He merged into the right lane of traffic. After the merge, traffic was slowed down by a large truck in the right lane, Cron's vehicle crossed over into the left lane. Gautreaux also intended to change lanes. When he looked in his rearview mirror and began to cross over into the left lane, he noticed Bender's vehicle about one-hundred feet behind in the left lane traveling at a high rate of speed. Because Bender seemed unaware of the slowing traffic in front of him, Mr. Gautreaux sounded his horn as a warning. Shortly afterward there was an impact when Bender's vehicle hit the rear bumper of Cron's vehicle. Gautreaux estimated Bender's speed at fifty-five to sixty miles per hour. He also stated that Cron's vehicle was already in the left lane when Gautreaux looked into his rearview mirror to see if it was safe to enter the left lane himself. Gautreaux proceeded down the ramp and stopped to give Cron his business card, and told Cron he had witnessed the accident. Gautreaux then continued on his way to a meeting.
After hearing all of the testimony and arguments of counsel, the trial court took the matter under advisement. In due course, the trial court rendered judgment in favor of defendants, finding that plaintiff failed to prove his case by a preponderance of the evidence.
In brief to this court, plaintiff assigns five errors. The first three relate to the factual findings made by the trial court. Plaintiff argues the trial court was manifestly erroneous in failing to find that defendant created a hazard which plaintiff could not avoid, by changing lanes without having first ascertained that such movement could be made safely, in violation of LSA-R.S. 32:79. Plaintiff also argues that the trial court was manifestly erroneous in its interpretation of the testimony given by Mr. Gautreaux and Trooper Wood.
LSA-R.S. 32:81A provides that, "(t)he driver of a motor vehicle shall not follow another vehicle more closely than is
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