Baker v. State Farm Mutual Automobile Insurance Co.

162 So. 3d 405, 2015 WL 249517
CourtLouisiana Court of Appeal
DecidedJanuary 21, 2015
DocketNos. 49,468-CA, 49,469-CA
StatusPublished
Cited by9 cases

This text of 162 So. 3d 405 (Baker v. State Farm Mutual Automobile Insurance 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
Baker v. State Farm Mutual Automobile Insurance Co., 162 So. 3d 405, 2015 WL 249517 (La. Ct. App. 2015).

Opinion

STEWART, J.

| ,This is an action for damages arising out of an automobile accident that occurred on November 11, 2011. The defendants, State Farm Mutual Automobile Insurance Company (“State Farm”) and Eloise Square (“Square”), appeal a judgment in favor of the plaintiff, Cheryl Baker (“Baker”). The trial court found that Square was 100% at fault for the automobile accident. Baker, individually, and on behalf of her minor son, was awarded $16,101.95 in damages. For the reasons set forth in this opinion, we find that Baker was negligent in causing this accident, and therefore, we reverse the judgment of the trial court.

FACTS AND PROCEDURAL BACKGROUND

This automobile accident occurred at approximately 7:00 p.m. on November 11, 2011, in Monroe, Louisiana. At this time, Square was traveling west on Winnsboro Road, while Baker, accompanied by her minor son, was traveling east on Winns-boro Road. The traffic light at the intersection of Winnsboro Road and Highway 165 was green for both directions of travel.

As Square proceeded through the intersection, Baker, who was attempting to turn left at the intersection onto Highway 165, collided into the driver’s side of Square’s vehicle. The collision occurred in Square’s lane of travel, which was the right, or outside, lane. Baker was issued a traffic violation for an improper turn.

On March 13, 2012, Baker filed suit against Square and her insurer, State Farm. On March 26, -2012, Square filed suit against Baker and her insurer, USA-gencies. These suits were consolidated on May 12, 2012, and ^Square’s suit was settled and dismissed on December 14, 2012. On March 10, 2013, Baker’s suit proceeded to trial.

On June 25, 2013, the trial court found Square 100% at fault, and assessed damages in favor of Baker and her minor son in the total amount of $16,101.95. State Farm and Square (collectively referred to as “appellants”) appeal.

LAW AND DISCUSSION

The appellants present seven issues on appeal (verbatim):

1. Whether the trial court erred by failing to apply, the statutory presumption of fault pursuant to La. R.S. 32:122 and 32:104 against Baker as the left-turning motorist in this intersectional collision.
[408]*4082. Whether the trial court erred in finding that Square was speeding, and at fault for this accident.
3. Whether the trial court erred in finding that Square saw Baker’s vehicle making a left turn from a distance of 906 feet while near a used car lot.
4. Whether the trial court erred in finding the damage to Baker’s vehicle was to the right, front passenger’s side, and basing its determination of fault on such error.
5. Whether the trial court erred in failing to acknowledge the undisputed testimony of the investigating officer.
6. Whether the trial court erred in making a negative “credibility” judgment against Square for not returning to the courtroom after the first day of trial so that she could return to work.
7. Whether the trial court erred in failing to acknowledge Baker’s admission of fault by paying the traffic ticket for an improper turn.

The bulk of the appellants’ argument centers upon their assertions that the trial court erroneously failed to apply the statutory presumption of | pliability against Baker, the left-turning motorist, and that the trial court erroneously found Square 100% at fault for the accident. In order for Baker to overcome the presumption of fault against her, she must prove, as the left turning motorist, that she was free from fault in the accident.

On review, an appellate court may not set aside the findings of fact by the trial court unless those findings are clearly wrong or manifestly erroneous. Smith v. Louisiana Dept. of Corrections, 93-1305 (La.2/28/94), 633 So.2d 129; Stobart v. State through Dept. of Transp. & Development, 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989); Amos v. Walker, 45,670 (La.App.2d Cir.11/3/10), 55 So.3d 129, writ denied, 2010-2664 (La.1/28/11), 56 So.3d 960. An appellate court must not base its determination on whether it considers the trier of fact’s conclusion to be right or wrong, but on whether the fact finder’s conclusion was reasonable. Stobart, supra; Amos, supra.

Pursuant to Watson v. State Farm Fire & Casualty Insurance Co., ¶ 469 So.2d 967 (La.1985), the trier of fact will compare the relative fault of the parties in the assessment of liability. The amount of fault, if any, attributable to any party, and thus the apportionment of it is a question of fact to be decided by the trier of fact. Upchurch v. State ex rel. La. Dept. of Transp. & Dev., 48,354 (La.App.2d Cir.8/17/13), 123 So.3d 228, writ denied, 13-2153 (La.11/22/13), 126 So.3d 489; Underwood v. Dunbar, 628 So.2d 211 (La.App. 2d Cir.1993), writ denied, 94-0026 (La.2/25/94), 632 So.2d 767. A trier of fact’s allocation of fault is subject to the manifest |4error/clearly wrong standard of review. Upchurch, supra; Hebert v. Rapides Parish Police Jury, ¶ 06-2001 (La.4/11/07), 974 So.2d 635.

In order to reverse a fact finder’s determination of fact, an appellate court must review the record in its entirety and (1) find that a reasonable factual basis does not exist for the finding and (2) further determine that the record establishes that the fact finder is clearly wrong or manifestly erroneous. Salvant v. State, 05-2126 (La.7/6/06), 935 So.2d 646; Stobart, supra; Amos, supra. The appellate court must not reweigh the evidence or substitute its own factual findings because it would have decided the case differently. Pinsonneault v. Merchants & Farmers Bank & Trust Co., 01-2217 (La.4/3/02), 816 So.2d 270; Amos, supra.

[409]*409 Where the fact finder’s conclusions are based on determinations regarding the credibility of a witness, the manifest error standard demands great deference to the trier of fact because only the trier of fact can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener’s understanding and belief in what is said. Rosell, supra. Even though an appellate court may feel its own evaluations of credibility and reasonable inferences of fact are as reasonable, it- should not be disturb reasonable findings of the trier of fact when there is conflict in the testimony. Rosell, supra; Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). With regard to decisions of law, a trial court’s ruling is subject to de novo review. Hall v. Folger Coffee Co., 03-1734 (La.4/14/04), 874 So.2d 90.

|sThe driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to all vehicles approaching from the opposite direction which are within the intersection or so close thereto as to constitute an immediate hazard. La. R.S. 32:122. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in R.S. 32:101, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. La. R.S. 32:104(A). Judicial interpretations of La. R.S.

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162 So. 3d 405, 2015 WL 249517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-state-farm-mutual-automobile-insurance-co-lactapp-2015.