Arnaud v. Scottsdale Insurance Co.

182 So. 3d 97, 2014 La.App. 1 Cir. 1809, 2015 La. App. LEXIS 1739, 2015 WL 5474462
Louisiana Court of Appeal·Decided September 18, 2015·No. No. 2014 CA 1809·Published·Cited by 3 cases

Opinions

THERIOT, J:’

lain this suit arising from an automobile accident, the plaintiff appeals the jury verdict of the Twenty-second Judicial District Court, in which the defendant driver was found to be zero percent at fault. For the reasons that follow, we affirm the judgment, and we deny the motion to supplement the appellate record.

FACTS AND PROCEDURAL HISTORY

On or about February 24, 2012, at approximately 5:30 a.m., the plaintiff-appellant Yvonne Arnaud was driving her 2001 Honda; Civic northbound along U.S. Highway 11 in Millard, Mississippi. At the same time, the defendant, Silas Sumner, III, was driving a 2009 Peterbilt tractor trailer owned by C.O.B. Enterprises of Louisiana, L.L.C. (C.O.B.), while in the course and scope of his employment with C.O.B., westbound along Savannah Millard Road. At the intersection of the two roads, the two vehicles collided as Sumner pulled into the intersection and Ms. Arnaud approached .the intersection.. At the time of the accident, Scottsdale Insurance Company (Scottsdale) maintained a liability insurance policy insuring C.O.B. and Mr. Sumner.

.. On March 26, 2012, Ms. Arnaud filed a petition for damages against Scottsdale, C.O.B., and Mr. Sumner, alleging that Mr. Sumner negligently operated his vehicle at the time of the accident, causing her injury and damages, while in the course and scope of his employment with C.O.B.

Trial by jury commenced on February 10, 2014, in Covington, .Louisiana.1 On February 13, 2014, the jury found that Mr. Sumner was not at fault for the automobile accident. The district court incorporated the jury’s 13verdict into its judgment. Ms. Arnaud filed a motion for judgment notwithstanding the verdict and in the alternative a motion for néw trial. The motions were denied by judgment signed June 4, 2014. Ms. Arnaud timely filed a motion for devolutive appeal.

ASSIGNMENTS OF ERROR

Ms. Arnaud presents nine assignments of error:

1. It was error for the district court to deny a'JNOV because the verdict of no fault on the part of' the defen[100]*100dants was contrary to overwhelming evidence which clearly established the comparative fault of the defendant, Mr. Sumner.
2. The district court committed error in instructing the jury with a combination of Louisiana and Mississippi - law, which was incorrect and confusing.
3. The district court committed error in permitting the jury to take the deposition of a key defense witness ■ ' ' into the. jury room in order to transform a deadlocked jury.
4. The district court committed error in denying a new trial notwithstanding juror misconduct for failing to make full disclosure on voir dire.
5. The district court committed error in failing to inform counsel of advice that a juror had a potential familial relationship with another chosen juror.
6. The district court committed error in granting'motions to quash sub- ' poenas issued to ■ jurors when the defendants, who had no legal standing, filed such motions.
7. The district court committed error in denying recusal of defense counsel who had an inherent conflict of keenest in filing motions to quash juror subpoenas.
8. The district court committed error in granting motions to quash subpoenas necessary to confirm juror misconduct and cross examine subject jurors at an evidentiary hearing.
9. The district court committed error in denying use of a necessary video animation. .

JJIISCUSSION

Denial of JNOV

A JNOV is warranted when the facts and inferences point so strongly and overwhelmingly, in favor of one party that the district court believes that reasonable jurors could not arrive at a contrary verdict. Davis v. Wal-Mart Stores, 2000-0445 (La.11/28/00), 774 So.2d 84, 89. We find that the court did not érr in denying the JNOV.

Photographic evidence was submitted of the scene of the accident. The photographs illustrate the approach to the intersection is obstructed by the crest of a hill going northbound. At the crest of the hill is an intersection warning sign and a posted speed limit of forty-five miles per hour.

According to Mr. Sumner’s testimony, he had stopped at the intersection óf Highway 11 and Savannah Millard Road, and pulled up to a white stop bar painted on the road near the posted stop sign. The intersection was still dark at 5:30 a.m. Looking left, which was the direction from which Ms. Arnaud was approaching, Mr. Sumner did not see any oncoming traffic. Looking right, Mr. Sumner did see an approaching vehicle in the distance, but judged that he could cross the intersection in time before that vehicle reached his location. Mr. Sumner looked to the left once again and did not see approaching traffic. He then proceeded to cross the intersection.

Mr. Sumner testified that as soon as he started rolling into the intersectionj he could see the headlights of Ms. Arnaud’s vehicle approaching him from the left. Mr. Sumner then stopped his truck just before the yellow center line. Mr. Sumner testified that Ms. Arnaud’s vehicle was approaching him at a high rate of speed, and that he stopped his truck because he believed that had he moved further into the intersection, |Kthere was.the risk of Ms. Arnaud’s vehicle going underneath his trailer. Ms. Arnaud’s vehicle struck Ms. [101]*101Sumner’s vehicle near the rear of the truck’s cab. Mr. Arnaud estimated that at, least three seconds had elapsed from the moment he pulled into the intersection to the moment of impact.

The approaching vehicle from the right of the intersection was driven by Deputy Sergeant John Ashley Lambert of the Pearl River County Sherriff s Department. Sgt. Lambert’s deposition was admitted into evidence at the- trial. Sgt. Lambert testified that he is familiar with the intersection, and knew the posted speed limit was fifty-five miles per hour, but that at the intersection there was a warning sign that has a safe speed of forty-five miles per hour posted., Sgt. Lambert stated that, while driving home in his personal SUV at the end of his shift, he saw Mr. Sumner’s truck stopped at the intersection, then slowly start rolling into the intersection. He could not see Ms. Arnaud’s vehicle approaching at that time. When Sgt. Lambert was able to see Ms. Arnaud’s headlights, .Mr. Sumner’s vehicle was.already in motion. He witnessed Mr. Sumner stop, but could not recall if the truck was at a full stop when the collision occurred, and could not see the collision when it happened because of his viewpoint.,

Sgt. Lambert removed Ms.. Lambert from her vehicle for her own safety, then asked her how fast she had been travel-ling. He testified that Ms. Lambert told him, she had been traveling at sixty-five miles per hour. Mr. Sumner also stated at trial that he heard Ms. Arnaud say she had been travelling at that speed.

At trial, Ms. Arnaud testified that she had been traveling at fifty-five miles per hour as she reached the. crest of the hill, right before she saw Mr. Sumner’s | fitractor trailer. She did not see the warning sign that had a safe speed of forty-five miles per hour posted. When she first saw Mr. Sumner’s tractor trailer, she was already over the hill, and she testified that Mr.

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Arnaud v. Scottsdale Insurance Co., 182 So. 3d 97, 2014 La.App. 1 Cir. 1809, 2015 La. App. LEXIS 1739, 2015 WL 5474462 (La. Ct. App. 2015).

182 So. 3d 97 (Arnaud v. Scottsdale Insurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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