Aucoin v. State Farm Mut. Auto. Ins. Co.

505 So. 2d 993, 1987 La. App. LEXIS 9230
CourtLouisiana Court of Appeal
DecidedApril 8, 1987
Docket86-369
StatusPublished
Cited by27 cases

This text of 505 So. 2d 993 (Aucoin v. State Farm Mut. Auto. Ins. Co.) 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
Aucoin v. State Farm Mut. Auto. Ins. Co., 505 So. 2d 993, 1987 La. App. LEXIS 9230 (La. Ct. App. 1987).

Opinion

505 So.2d 993 (1987)

Edward C. AUCOIN, Sr., Plaintiff-Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Karl Caswell, Defendants-Appellees.

No. 86-369.

Court of Appeal of Louisiana, Third Circuit.

April 8, 1987.
Rehearing Denied April 29, 1987.

*994 Steven Beverung, Lake Charles, for plaintiff-appellant.

Stockwell and Assoc., Bernard H. McLaughlin, Jr., Lake Charles, for defendants-appellees.

Before DOMENGEAUX, GUIDRY and STOKER, JJ.

STOKER, Judge.

This is an action for personal injuries, arising out of an automobile accident, instituted *995 by plaintiff, Edward C. Aucoin, Sr. (Aucoin), against Karl Caswell (Caswell), and his insurer, State Farm Mutual Automobile Insurance Company (State Farm). After a trial on the merits, the jury returned a verdict finding Aucoin and Caswell to be equally at fault in causing the accident and awarding Aucoin the sum of $100 for his special and general damages. This jury verdict was made the judgment of the trial court. It is this judgment which the plaintiff has appealed.

The issues presented by the plaintiff for review are:

(1) Whether the trial court erred as a matter of law and fact in finding plaintiff to be 50% at fault in causing the accident; and
(2) Whether the award of $100 for special and general damages was so grossly inadequate as to constitute an abuse of the "much discretion" of the trier of fact.

We reverse the judgment in part, amend in part, and affirm the judgment as amended.

FACTS

On January 6, 1984, at approximately 10:30 A.M., Aucoin and Caswell were involved in an automobile accident at the intersection of Bunker Hill Road and Birdnest Road in Calcasieu Parish. The two roads form a "T" intersection. Bunker Hill Road runs in a north-south direction. Birdnest Road runs in an east-west direction until it reaches Bunker Hill Road on its east side. Birdnest does not continue west from the intersection. However, a name change takes place at the "T" intersection, and north of the intersection, what would ordinarily be a continuation of Bunker Hill Road, is designated as Birdnest Road. Regardless of the name change, the physical arrangement is simply that of an east-west road which ends at the "T" junction with a continuous north-south road.

Caswell was traveling south on the north-south road and intended to make a left (east) turn into the east-west road. Aucoin was traveling west on the east-west road and intended to turn right (north) into the north-south road. There is a stop sign facing the traffic traveling west on the east-west road, the north-south traffic being favored. The accident occurred in the right lane of the east-west road just past the stop sign. Caswell, attempting to turn left at the intersection, cut the corner too sharp and collided head-on with Aucoin who was preparing to turn right, i.e., north, into the north-south road. Caswell's vehicle suffered moderate damage, but Aucoin's was more heavily damaged. Caswell was issued a traffic citation for his action.

After the accident Aucoin was seen by a doctor in the emergency room of Lake Charles Memorial Hospital. Medications were prescribed and he was released to return home. Aucoin injured his right knee and left shoulder in the accident.

DID THE TRIAL COURT ERR IN FINDING PLAINTIFF TO BE 50% AT FAULT?

The jury determined that Aucoin and Caswell were equally at fault in causing this accident. The verdict form does not state the factual or legal basis that the jury relied on in reaching its conclusion. While the findings of the jury are to be accorded great weight, we find in this case that the jury's determination with respect to the cause of the accident is clearly wrong.

Caswell, as the left turning motorist, should have exercised a higher degree of care in negotiating his turn. Caswell's negligence is further demonstrated by the fact that this accident occurred in Aucoin's lane of travel. LSA-R.S. 32:101(A)(2) provides:

"§ 101. Required position and method of turning at intersections

* * * * * *

"(2) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left *996 turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection."

Much is made of the fact that this is an unlined roadway; however, it has two-way traffic and good sense dictates that the presence of at least an imaginary center line be observed.

"Our courts have repeatedly held that to cut a corner or go into an intersection on the wrong side of a highway is gross negligence. See T. Defatta & Sons v. Southwestern Gas & Electric Co., 18 La.App. 452, 138 So. 686 [(1932)]; Gascon v. Rankin, 4 La.App. 269 [(1926)]. Our courts have also placed the burden of proof to show his negligence did not cause the accident upon any driver driving on the wrong side of the highway. Our courts have declared a prima facie case of negligence is made out against the driver of such a car. See Travelers Fire Insurance Co. v. Meadows, La. App., 13 So.2d 537 [(1943)]. Also Miller v. Hayes, La.App., 29 So.2d 396 [(1947)] and Armour & Co., Ltd. v. Hicks Co., Ltd., 18 La.App. 504, 138 So. 676 [(1932)]. Also Codifer v. Occhipinti, La.App., 57 So.2d 697 [(1952)]."
Prioux v. Dressell, 109 So.2d 254, 257, 258 (La.App. 1st Cir.1959).

Caswell has offered no reason or explanation which would justify his being in Aucoin's lane. Aucoin, whether he stopped at the stop sign, came to a rolling stop, or did not stop at all, was proceeding in his proper lane of travel and had not entered the north-south road. The fact that Aucoin may not have observed the stop sign was not the cause of this accident. Had he been attempting to turn left onto the north-south road and been in the middle of the intersection, then it might have been of consequence. However, the situation which confronts this court does not warrant a finding of any negligence on Aucoin's part. Caswell's actions in entering the westbound portion of Birdnest Road on the left side, instead of the right, was the sole and proximate cause of this accident. To have found otherwise was factually and legally incorrect. The jury's verdict in this respect is clearly wrong.

DAMAGES

The jury awarded Aucoin $100 for his special and general damages. This amount was reduced by the proportion of Aucoin's degree of negligence as found by the jury.

In our opinion the jury abused its discretion and made an inadequate award. To make any adjustment in the award we must go through the two-step procedure laid down by our Supreme Court. In Franklin v. Oilfield Heavy Haulers, 478 So.2d 549 (La.App. 3d Cir.1985), we reviewed the Supreme Court's prescribed two-step procedure:

"Under Reck v. Stevens,

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Bluebook (online)
505 So. 2d 993, 1987 La. App. LEXIS 9230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aucoin-v-state-farm-mut-auto-ins-co-lactapp-1987.