Ulmer v. Travelers Insurance Company

3 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. 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.

  3. 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.