Barnes v. Reed

743 So. 2d 936, 1999 WL 980686
CourtLouisiana Court of Appeal
DecidedOctober 29, 1999
Docket32,380-CA
StatusPublished
Cited by5 cases

This text of 743 So. 2d 936 (Barnes v. Reed) 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
Barnes v. Reed, 743 So. 2d 936, 1999 WL 980686 (La. Ct. App. 1999).

Opinion

743 So.2d 936 (1999)

Judith BARNES and Bobby Ray Barnes, Plaintiff-Appellees,
v.
Jeremiah REED, All State Insurance Company, T.J. Martin, Jr. and Financial Indemnity Company, Defendants-Appellants.

No. 32,380-CA.

Court of Appeal of Louisiana, Second Circuit.

October 29, 1999.

*938 Street & Street by C. Daniel Street, Monroe, Counsel for Appellants.

Hudson, Potts & Bernstein by Mark J. Neal, Monroe, Counsel for Appellees.

Before WILLIAMS, STEWART and DREW, JJ.

DREW, J.

Defendants Jeremiah Reed and Allstate Insurance Company appeal from a judgment which awarded plaintiff, Judith Barnes, general and special damages for her injuries sustained in an auto accident. In addition to urging the damages were excessive, Reed and Allstate complain that the trial court erred in finding Reed totally at fault in causing the collision, in failing to apply the sudden emergency doctrine and in refusing to allocate a portion of the fault to another motorist. For the following reasons, the judgment is amended and affirmed.

PROCEDURAL HISTORY

Plaintiffs Judith Barnes and Bobby Ray Barnes filed suit against Reed, his insurer, Allstate, T.J. Martin, Jr., and his insurer, Financial Indemnity Company. On March 24, 1998, on motion of plaintiffs and defendants Martin and Financial, the court dismissed the suit against Martin and Financial owing to a settlement. The case proceeded to trial against Reed and Allstate. At trial, the plaintiffs' attorney waived Bobby Ray Barnes claim for loss of consortium, leaving only Mrs. Barnes as a plaintiff. Judgment in favor of plaintiff was signed on November 20, 1998, and defendants subsequently brought this suspensive appeal.

FACTS

This accident occurred on Christmas eve, 1996, on Washington Street in Monroe, Louisiana. Washington Street is a four-lane, east-west thoroughfare divided in the center by a grassy median strip which is broken at irregular intervals with paved sections connecting the east and westbound lanes. T.J. Martin, a resident of Gilbert, Louisiana, visited a business (Greene Welding) on the north side of Washington Street. Finding the business was closed, Martin left to return home. Unfamiliar with Monroe streets, Martin failed to notice that Washington was a divided road and pulled his pickup truck into the westbound lanes and proceeded east. Martin drove east in the westbound lane closest to the median which appeared to him to be the right lane. Martin said that he had driven what could have been 100 yards but not more than 200 *939 yards before realizing that he was going the wrong way. He looked ahead and saw a pickup truck he estimated to be about 500 yards away coming toward him in his lane. Martin stopped his truck, put it in reverse and looked in his rear view mirror as he backed up to a crossover near the closed store, where he pulled into the eastbound lanes and proceeded eastbound away from the scene. He did not recall a bridge on the roadway and did not see a collision between Mrs. Barnes and Reed. Martin stated there was no near accident between his vehicle and the oncoming truck. Further, Martin did not ever see either the Barnes or Reed vehicle. When contacted by the police officer, Martin acknowledged he had driven the wrong way on Washington Street but was unaware an accident had occurred. The officer issued Martin a ticket, which he paid without contest.

At around the same time, Jeremiah Reed and Judith Barnes were driving their automobiles westbound on Washington street approaching the closed store. At this point, Washington Street completes a curve to the right just before a bridge over a culvert; the curve is sharp enough to limit a driver's ability to view the road ahead. The bridge has small metal guardrails on either side. Reed, whose wife accompanied him, was driving an Oldsmobile sedan in the inside, or left, lane, while Mrs. Barnes was driving alone in a Toyota sedan in the outside, or right, lane. The Reed vehicle was slightly ahead of the Barnes vehicle.

Reed said that as he completed the curve to the right, his wife said "Don't hit that truck now." Mr. Reed had not seen a truck until his wife called his attention to it. At trial Reed could not remember how far away the truck was from his car. At an earlier deposition he estimated it might have been as close as "five or six yards" away, but Reed testified the ongoing vehicle could not have been that close or he probably would have hit it. Reed said that the oncoming truck was not that close because he "wrestled a long time" trying to avoid Mrs. Barnes' vehicle and the truck. He also estimated the time from when he saw the truck until impact with the Barnes vehicle as five to six seconds. As the Reed and Barnes cars reached the bridge, Mr. Reed pulled his car to the right in an effort to avoid a head-on collision with this truck and, in doing so, ran into Mrs. Barnes' car. He said that Mrs. Barnes pulled over, that he pulled in front of her, and that the wrong-way pickup truck drove past them continuing to go the wrong way down Washington.

Mrs. Barnes said that she never saw the wrong-way truck and that she believes that she would have seen the truck had it been there. She said that as she drove onto the bridge, Reed pulled into her lane, hit her, and then stopped in front of her.

There was some testimony about statements allegedly made by another motorist, Irma Byrd, traveling behind Barnes and Reed. Mrs. Barnes, in response to questions from defense counsel, testified:

Q: And afterwards you spoke to Mr. Reed, is that correct?
A: Yes, sir.
Q: And he told you that a vehicle was in his lane of travel coming head on and that he swerved in order to avoid a head on collision, is that correct?
A: I don't believe he told—I believe the woman that was behind me told me.
Q: Okay. Somebody in your lane of travel saw what occurred and told you about that?
A: Right.
Q: Was that Irma Byrd?
A: Yes, sir.

Monroe Police Department Officer Eugene Lumpkins made the report of the accident. Defendant attempted, through the officer, to introduce into evidence other statements allegedly made by Ms. Byrd. Sustaining a hearsay objection, the trial court properly refused to consider these statements, but allowed defendant to proffer *940 the officer's testimony that Ms. Byrd told him that she saw Martin's pickup truck going the wrong way and that Martin caused Reed to run into Mrs. Barnes. Byrd evidently wrote down Martin's license number; this information apparently led to the discovery of Martin's identity as the wrong-way driver and further led Officer Lumpkins to ticket Martin for driving the wrong way.

The officer testified that when he arrived at the scene of the accident, the Reed and Barnes vehicles were partly in the right lane of traffic and were still touching. The officer found no skid marks and estimated the point of collision was approximately 100 yards from the street where Mr. Martin entered Washington street going the wrong way. He confirmed that there would have been enough room on the road for a truck going the wrong way to pass by the accident in the left lane once the vehicles involved had stopped in the right lane.

Mrs. Barnes put on evidence of her injuries and the treatment thereof. She said that the impact jarred her, but that she did not feel that she was injured until later that night.

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Bluebook (online)
743 So. 2d 936, 1999 WL 980686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-reed-lactapp-1999.