#Thief 1981 criterion trial
#Thief 1981 criterion free

The southern curve that Henderson negotiated is known as 'trucker's curve'. The road slopes toward the opposite ditch, where Henderson's cab came to rest against Rivet's vehicle. As Owen approached the accident site, he had to keep his car's right side on the shoulder to prevent sliding into the scene. Like Stapleton, Owen came out of the northern curve from Dubach, the curve closest to the accident. There were two to three inches of ice on the road. Henderson's trailer jackknifed into the left lane and struck Stapleton's cab before arcing around to hit the ditched car.Р”Вennis Owen, a Dubach city policeman, went to the scene of the accident. Stapleton's truck and the pickup were roughly even with each other when Henderson hit the right shoulder. When Rivet started running, Henderson turned right to the shoulder. Weimer also did not see the Stapleton truck until after the accident. As Brown attempted to move the pickup, the engine killed. She heard the horn of an eighteen wheeler behind them. Brown did not see Stapleton's tank truck until after the accident.Р”В¬atherine Weimer was a passenger in the pickup. Brown testified that the accident occurred close to the northern curve toward Dubach. A truck crashed to a stop on the shoulder beside her pickup. Randy Rivet, the man in the road, moved to the shoulder as she slowed and then started running. There had been no other traffic that night. She did not move off the road for fear of ending up in the ditch but slowed (and probably stopped) for the distressed vehicle. She saw a car in the ditch and a man in the road flagging her down. She was averaging 20 to 25 miles per hour. Henderson testified that he could have stopped three times in the distance available if it had not been for the ice.Р”В¬hristina Brown was driving a Toyota pickup truck north to Dubach from Ruston. From the southern curve to the point of impact, there are approximately 1,100 feet. When Henderson saw the pickup stopped in his lane of travel, and Stapleton's truck, he started pumping his brakes but *1360 could not stop. Henderson came out of the southern curve in sixth gear, in the high range of his nine gear transmission. He had been driving a little over nine hours and planned to stop and sleep in Dubach. Henderson's truck was travelling north, pulling a flatbed trailer 45 feet long bearing three empty chemical tanks. As Stapleton pulled even with the pickup, the trailer of Henderson's truck swung around and hit him.

He did not swerve to the right for fear that his trailer would jackknife on the ice, wipe out the pickup and possibly blow up the propane. He estimated his speed at 25 to 30 miles per hour. Stapleton's truck carried 9,500 gallons of propane and weighed 78,000 pounds.

The accident occurred toward the northern curve of the straight highway section. The alert was too late to help Henderson, who was skidding toward the pickup. Stapleton sent the truck an alert on his CB radio. Stapleton saw a pickup, driven by Christina Brown, slowed or stopped in the opposite lane of traffic (the northbound lane) and an approaching truck, driven by Henderson. The straightaway ends at another curve to the south. The two-lane highway widened into two south and one north. Coming out of a curve, Stapleton entered a straight section of highway approximately 1,600 feet long. Stapleton crossed a bridge, saw a woman walking and broadcast a warning on his CB radio. The weather was freezing, and the road was icy. He was travelling south from Dubach on Highway 167 near midnight. On January 9, 1988, Stapleton was driving a loaded propane tank truck for Martin Gas Company.

#Thief 1981 criterion trial

A divided court of appeal reversed the trial judge's intervention decision but affirmed the jury's verdict. The trial judge, who decided the intervention, assessed Henderson and Stapleton's fault each at fifty percent. The jury did not reach the issue of Stapleton's fault.

#Thief 1981 criterion free

A divided jury found Henderson and the pickup driver, Brown, free of fault.

Stapleton sued for loss of consortium and his employer's insurer intervened to recover worker's compensation benefits. Plaintiff, Johnny Stapleton, was badly injured when the trailer of a truck driven by Max Henderson crossed into Stapleton's lane of travel. Dunn, Jr., Theus, Grisham, Davis & Leigh, Monroe, for respondent.Р”Р„ car skidded off an icy road, a pickup truck stopped to render aid, two tractor-trailers arrived at the scene, one eighteen-wheeler jackknifed into the other and this suit ensued. Shadoin, Smith & Shadoin, Ruston, Lisa C. Ciolino, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, Fred W. Street, Monroe, for applicant.Р”В®smond Phelps, II, Dane S.