Ulmer v. Travelers Insurance Company

16 Citing cases

  1. Nivens v. Signal Oil Gas Co., Inc

    520 F.2d 1019 (5th Cir. 1975)   Cited 15 times

    Injuries similar to those sustained by Nivens have been held compensable under Louisiana law. See Janice v. Whitley, 111 So.2d 852 (La.App. 1959) (mild cerebral concussion causing slight headaches for four months); Ulmer v. Travelers Ins. Co., 156 So.2d 98 (La.App. 1963) (contusion and small hematoma); Augello v. Call, 210 So.2d 129 (La.App. 1968) (slight blow to head and anxiety reaction); Strother v. State Farm Mut. Auto Ins. Co., 238 So.2d 774 (La.App. 1970) (contusion of forehead); Dickson v. Zurich Ins. Co., 261 So.2d 350 (La.App. 1972) (bump on head). See also federal cases where personal injury claims, made in good faith, have withstood motions to dismiss for lack of jurisdictional amount, e. g., Mitchell v. Great Am. Indem. Co., 87 F. Supp. 961 (W.D.La. 1950) (hematoma on head and strained shoulder); Lee v. Kisen, 475 F.2d 1251 (CA5, 1973) (smashed finger with bone chip not uniting).

  2. Robert v. Albarado

    509 So. 2d 575 (La. Ct. App. 1987)   Cited 4 times

    "A left-turning motorist cannot discharge his burden of ascertaining whether the turn can be made in safety by making his observation some distance from the intersection, but he is required to look to his rear immediately before attempting the turn. Ulmer v. Travelers Insurance Company, 156 So.2d 98 (La. App. 1st Cir. 1963). The physical facts clearly show that Mrs. Whittington was already in the passing lane and overtaking the plaintiff at the time he commenced his turn.

  3. Locicero v. State Farm Mut. Ins. Co.

    399 So. 2d 712 (La. Ct. App. 1981)   Cited 4 times

    This case does not involve assessment of loss of future wages, as do two cases cited as authority by State Farm. See Watson v. Hartford Accident Indemnity Company, 339 So.2d 480 (La.App. 2nd Cir. 1976), writ denied, 341 So.2d 1124 (La. 1977); Reeves v. Gulf States Utilities Co., 327 So.2d 671 (La.App. 1st Cir. 1976), writ denied, 330 So.2d 311 (La. 1976). Nor does it involve speculation upon damages which have not yet arisen, as in another case cited as authority by State Farm. See Ulmer v. Travelers Insurance Company, 156 So.2d 98 (La.App. 1st Cir. 1963). Rather, in the instant case, the record shows that plaintiff's lifestyle was detrimentally altered and that he was forced to forego various activities, including participation in try-outs for a college football team. Loss of social and recreational activities may properly be considered as one factor in setting an award of general damages.

  4. Touchette v. Braud

    382 So. 2d 272 (La. Ct. App. 1980)   Cited 1 times

    The defendant should have seen the turning vehicle in enough time to stop, regardless of whether the plaintiff had signalled the turn. Plaintiff also cites the case of Ulmer v. Travelers Insurance Company, 156 So.2d 98 (La.App. 1st Cir. 1963), wherein a plaintiff's failure to look to the rear immediately before turning was held to be contributory negligence, even though the plaintiff's car was struck just before he cleared the highway. That case is, however, distinguishable from the present case since in Ulmer, supra, the highway on which the vehicles were travelling had a speed limit of 60 miles per hour, and the defendant admitted to travelling at a speed of approximately 40 miles per hour.

  5. Morgan v. Lumbermen's Mutual Casualty

    317 So. 2d 7 (La. Ct. App. 1975)   Cited 14 times

    Caution must be exercised in the light of all circumstances, which includes the nearness, speed and direction of other vehicles. This includes making a proper observation to the rear for passing traffic just prior to the beginning of the left turn. Scrantz v. Aetna Casualty and Surety Company, 281 So.2d 820 (La.App. 1st Cir. 1973); Ulmerv. Travelers Insurance Company, 156 So.2d 98 (La.App. 1st Cir. 1963). The facts are clear from the record that here the conditions and circumstances were ideal for observation rearward — the plaintiff had large; outside mirrors on both sides of his truck; the road was straight, level and clear of any obstruction for a substantial distance; there were no other vehicles in close proximity; the weather conditions were good. The plaintiff failed to observe the Adams car which we know was behind him somewhere.

  6. McIntosh v. Lewis

    303 So. 2d 190 (La. Ct. App. 1974)

    On appeal, defendants concede the negligence of Lewis; however, they seek to bar plaintiff's recovery contending McIntosh was guilty of contributory negligence. Defendants assert, citing American Road Ins. v. Brown, 269 So.2d 539 (La.App. 1st Cir. 1972); Scrantz v. Aetna, 281 So.2d 820 (La.App. 1st Cir. 1973), and Ulmer v. Travelers, 156 So.2d 98 (La.App. 1st Cir. 1963), that the plaintiff had a duty not to negotiate a left turn until he had ascertained that he could do so in safety while being alert to ontaking traffic. Defendants point to the testimony of the plaintiff that despite the fact that he had noticed defendant's vehicle approaching from the rear, plaintiff failed to look again into his rear-view mirror immediately prior to initiating the turn.

  7. Wilson v. Jones

    294 So. 2d 231 (La. Ct. App. 1974)   Cited 1 times

    The trial court erred in holding plaintiff guilty of contributory negligence in this instance. The cases of Scrantz v. Aetna Casualty and Surety Company, La.App., 281 So.2d 820; Ulmer v. Travelers Insurance Company, La.App., 156 So.2d 98, and Johnson v. Wilson, 239 La. 390, 118 So.2d 450, are clearly distinguishable on the facts from instant case. None of these cited cases involve an intersection of roads or streets that cross each other and controlled by a red, amber and green traffic light.

  8. Scrantz v. Aetna Casualty Surety Co.

    281 So. 2d 820 (La. Ct. App. 1973)   Cited 9 times

    A left-turning motorist cannot discharge his burden of ascertaining whether the turn can be made in safety by making his observation some distance from the intersection, but he is required to look to his rear immediately before attempting the turn. Ulmer v. Travelers Insurance Company, 156 So.2d 98 (La.App. 1st Cir. 1963). The physical facts clearly show that Mrs. Whittington was already in the passing lane and overtaking the plaintiff at the time he commenced his turn.

  9. Motors Insurance Corporation v. Howell

    266 So. 2d 240 (La. Ct. App. 1972)   Cited 9 times

    Appellants cite a long line of cases in which left-turning motorists have been held negligent under similar circumstances. Maryland Cas. Ins. Co. v. Southern Farm Bur. Cas. Co., 228 So.2d 88 (La.App. 2d Cir. 1969); Ulmer v. Travelers Insurance Company, 156 So.2d 98 (La.App. 1st Cir. 1963); Smith v. Massachusetts Bonding And Insurance Co., 130 So.2d 153 (La.App. 2d Cir. 1961). Appellees cite a long line of cases in which left-turning motorists have been held to be free of negligence in a like situation.

  10. Lemoine v. American Employers Insurance Co.

    238 So. 2d 233 (La. Ct. App. 1970)   Cited 1 times

    Most of these cases were affirmations of the trial court's judgment. Johnson v. Shreveport Transit Company, 188 So.2d 713 (La.App. 2d Cir. 1966); Ulmer v. Travelers Insurance Company, 156 So.2d 98 (La.App. 1 Cir. 1963); Rochon v. Moore, 218 So.2d 918 (La. App.3d Cir. 1969); Robertson v. Insurance Company of North America, 171 So.2d 715 (La.App. 3d Cir. 1965); Northern Insurance Company v. Grayco Marine Corporation, 176 So.2d 744 (La.App. 4th Cir. 1965); Fontenot v. Travelers Insurance Company, 179 So.2d 520 (La.App. 3d Cir. 1965); Bryant v. Hartford Accident Indemnity Company, 158 So.2d 263 (La.App. 4th Cir. 1963); McCastle v. Stewart Stevenson Truck Co., 147 So.2d 678 (La.App. 1 Cir. 1962); Cooper v. Hargreve, 210 So.2d 64 (La.App. 1 Cir. 1968); and numerous other cases. We find no manifest error in the trial court's finding that plaintiff's injuries were more severe than those in the above cases.