Amos v. Taylor

244 So. 3d 749
CourtLouisiana Court of Appeal
DecidedSeptember 27, 2017
DocketNo. 51,595–CA
StatusPublished
Cited by7 cases

This text of 244 So. 3d 749 (Amos v. Taylor) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amos v. Taylor, 244 So. 3d 749 (La. Ct. App. 2017).

Opinion

COX, J.

The defendants, Dorothy Taylor and Louisiana Farm Bureau Casualty Insurance Company ("Taylor"), appeal from a judgment in favor of the plaintiffs, Bernice Amos ("Bernice") and Roshunda Amos ("Roshunda"), finding Taylor caused an accident with Bernice after she entered the intersection while her traffic light was red. The trial court found Taylor 100% responsible for the accident. For the following reasons, we affirm in part and reverse in part the ruling of the trial court.

FACTS

On January 4, 2015, Bernice Amos was driving her 2000 Nissan Altima eastbound on Ruffin Drive in Monroe, Louisiana. Her daughter, Roshunda, was a passenger in the vehicle. Taylor was traveling northbound on Highway 165. The automobile collision occurred on Highway 165 at the intersection of Highway 165 and Ruffin Drive.

According to Bernice, Taylor proceeded through the intersection on a red light and struck her vehicle. Bernice stated she was driving eastbound on Ruffin Drive, with the right of way and a green traffic light. As a result of the collision, Bernice and Roshunda claimed they sustained serious *752injuries to their persons, including injuries to their neck, back, and shoulders.

According to Taylor, Bernice traveled through the intersection of Ruffin Drive and into the northbound lanes of Highway 165, striking the side of her vehicle. Taylor contended that Bernice had a red traffic light. The accident report stated Bernice was proceeding to cross Highway 165 South to turn onto Highway 165 North when she struck the driver's side of Taylor's vehicle. Bernice and Roshunda told the officer they were not injured at the time. Both Bernice and Roshunda told the officer Bernice had the green light. However, Taylor told the officer she had the green light and was struck by Bernice.

A deputy, Brian Hanks, told the officer he was at a red light in the inside, southbound lane of Highway 165 when he saw Bernice strike Taylor's vehicle. The deputy stated he was unable to say whether the traffic light for Bernice or Taylor was red or green at the time of the accident. Due to the conflicting stories of the drivers, the officer was unable to determine which vehicle was at fault, and no ticket was issued.

After hearing the evidence and arguments at trial, the trial court found Taylor ran the red light and crashed into Bernice's vehicle. The trial court ordered a judgment in favor of Bernice for 6 months of treatment in the amount of $7,945 and for general damages in the amount of $14,000. The trial court additionally found in favor of Roshunda for 2 months of treatment in the amount of $3,785 and for general damages in the amount of $5,000. All attorney fees and court costs were to be paid by Taylor and Louisiana Farm Bureau.

LAW

The appellant raises two issues on appeal. The first issue is whether the award of attorney fees was proper. The second issue is whether the allocation of fault was correctly attributed to Taylor rather than Bernice.

Louisiana courts have held that attorney fees may not be awarded to a successful litigant unless specifically provided for by statute or contract. Campbell v. Melton , 2001-2578 (La. 5/14/02), 817 So.2d 69 ; Emond v. Tyler Bldg. & Constr. Co. , 438 So.2d 681 (La. App. 2 Cir. 1983). Furthermore, when items of special damage are claimed, they shall be specifically alleged. La. C.C.P. art. 861. Attorney fees are special damages that must be alleged in the petition. Lanier Bus. Prod., Inc. v. First Nat'l Bank of Rayville , 14,211 (La. App. 2 Cir. 8/18/80), 388 So.2d 442. Neither party has alleged attorney fees are appropriate in this case, and both have agreed that the plaintiffs are not entitled to attorney fees as part of the damages.

In an action for damages where a person suffers injury, death, or loss, the percentage of fault of all persons causing or contributing to the loss shall be determined. La. C.C. art. 2323. The trial court is required to compare the relative fault of the parties in assessing liability. In allocating fault, the trial court must consider the nature of each party's conduct and the causal relationship between that conduct and the damages claimed. Watson v. State Farm Fire & Cas. Ins. Co. , 469 So.2d 967 (La. 1985).

The allocation of fault is a question of fact for the trial court to decide. Solomon v. American Nat'l Prop. & Cas. Co. , 49,981 (La. App. 2 Cir. 9/4/15), 175 So.3d 1024 ; Underwood v. Dunbar , 628 So.2d 211 (La. App. 2 Cir. 1993), writ denied , 94-0026 (La. 2/25/94), 632 So.2d 767. A trial court's factual findings will not be disturbed unless they are manifestly erroneous or clearly wrong. Solomon, supra. Where conflict exists in the testimony, *753reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review. Rosell v. ESCO , 549 So.2d 840 (La. 1989) ; Mosley v. Griffin , 50,478 (La. App. 2 Cir. 2/24/16), 191 So.3d 16. After reviewing the entire record, the appellate court may reverse the trial court's findings if there is no reasonable factual basis for the findings and the record establishes the trial court was manifestly erroneous or clearly wrong. Stobart v. State through Dept. of Transportation and Development , 617 So.2d 880 (La. 1993) ; Solomon, supra .

The Louisiana Supreme Court has stated, "Deference should be accorded to the trial court's decision, even if that decision is of less than ideal clarity, if the trial court's path may be reasonably discerned, such as when its findings, reasons and exercise of discretion are necessarily and clearly implied by the record." Leal v. Dubois , 00-1285 (La. 10/13/00), 769 So.2d 1182 ; Bloxom, supra .

The accident between Bernice and Taylor occurred in an intersection controlled by traffic signals. The relevant portions of La. R.S. 32:232 provides:

(1) GREEN indication:
(a) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn.

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Bluebook (online)
244 So. 3d 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amos-v-taylor-lactapp-2017.