Bordelon v. Aetna Cas. & Sur. Co.

494 So. 2d 1283, 1986 La. App. LEXIS 7683
CourtLouisiana Court of Appeal
DecidedSeptember 24, 1986
Docket18015-CA
StatusPublished
Cited by14 cases

This text of 494 So. 2d 1283 (Bordelon v. Aetna Cas. & Sur. 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
Bordelon v. Aetna Cas. & Sur. Co., 494 So. 2d 1283, 1986 La. App. LEXIS 7683 (La. Ct. App. 1986).

Opinion

494 So.2d 1283 (1986)

Randy G. BORDELON, Plaintiff-Appellant,
v.
AETNA CASUALTY & SURETY COMPANY, et al, Defendants-Appellees.

No. 18015-CA.

Court of Appeal of Louisiana, Second Circuit.

September 24, 1986.

*1284 Evans, Feist, Auer & Keen by George H. Mills, Jr., Shreveport, for plaintiff-appellant, Randy G. Bordelon.

Lunn, Irion, Johnson, Salley & Carlisle by Frank M. Walker, Jr., Shreveport, for defendants-appellees, Aetna Cas. & Sur. Co., Charles B. McCatheran d/b/a W.I. Trucking and Raymond D. Jackson.

Nelson W. Cameron, Shreveport, for plaintiff-in-reconvention—appellant, Raymond D. Jackson.

Rogers & White by David L. White, Bossier City, for defendants-in-reconvention, Randy G. Bordelon & Mid-American Indem. Co.

Before MARVIN, SEXTON and NORRIS, JJ.

NORRIS, Judge.

This case arises from a collision between a car and an eighteen-wheeler. The plaintiff, Randy Bordelon, was driving a Pontiac Phoenix. The defendant, Raymond Jackson, was driving an eighteen-wheeler loaded with lumber, was working for his employer, defendant Charles McCatheran d/b/a W.I. Trucking, and was insured by his employer's insurer, defendant Aetna. Bordelon sued the defendants for personal injury, property damage, and various items of special damage. Jackson reconvened against Bordelon and his liability insurer, Mid-American Indemnity, for his own injuries and special damages. Jackson also cross-claimed Aetna on its UM provisions. Finally, Jackson's wife and children intervened against Bordelon, Mid-American and Aetna for loss of society and affection. Before trial, the Jacksons dismissed their claims against Aetna. After a three-day trial, the court found that Jackson was entirely at fault in causing the accident. Thus his reconvention and cross-claim, as well as his family's intervention, were dismissed. On the principal claim, however, Bordelon received special damages for his medical expenses, lost income and property damage, plus $30,000 in general damages. Jackson and his family members have appealed, and are joined by Aetna, in raising the following issues:

(1) Whether the trial court properly interpreted the highly conflicting accounts of the accident to hold Jackson entirely at fault; and
(2) If not, what was Bordelon's percentage of fault and how much were Jackson's damages.

Bordelon has also appealed, raising these issues:

(3) Whether the general damage award was abusively low; and
(4) Whether the trial court erred in denying the claims for car rental and sitting expenses.

For the reasons expressed, we amend and affirm.

FACTS AND ISSUE # 1

The accident occurred around 6 p.m. on March 21, 1984.[1] Jackson was driving the 18-wheeler, loaded with lumber, west on Stoner Street in the direction of the intersection with Centenary. The intersection is regulated by a traffic light. Jackson had pulled onto Stoner Street some ways back, after a left turn from Youree Drive. He testified that as he approached the entrance of a graveyard some 300 feet east of Stoner's intersection with Centenary, he glanced up at the traffic light and saw it was green. He never looked at the light again but proceeded straight to the intersection. It was as he entered the intersection that he collided with Bordelon's car.

*1285 Bordelon's path of travel was disputed at trial. Despite Jackson's testimony that Bordelon was traveling east on Stoner and made an impetuous left turn directly into Jackson's path, the trial court found by a "vast preponderance" of evidence that Bordelon had been driving north on Centenary. This was the testimony of Bordelon, who added that his signal was green so he had not stopped or slowed, but simply had driven into the intersection when Jackson hit him. Bordelon's friend, Sidney Green, corroborated that according to prior plans, Bordelon was driving from his apartment to Green's house on a path that would have required him to drive north across Stoner. Two Shreveport police officers testified that from the scrape marks on the road, Bordelon must have been traveling north on Centenary. Finally, there was the testimony of numerous eyewitnesses. All but one testified that Bordelon was going north. The correctness of the trial court's finding on this score is not on appeal.

The testimony was more equivocal, however, on other factual questions, and these form the basis for Jackson's first issue on appeal. Jackson suggests, in essence, that Bordelon either ran a red light or "jumped" a green light that had just turned, before making sure that the other traffic had cleared the intersection.

The evidence was long and conflicting so we will give only a brief summary of it. Jackson admitted to an insurance adjuster the day after the accident that he had run a red light, but he denied this at trial, insisting that the light was green the last time he saw it. Bordelon testified by deposition and at trial that his light on Centenary had been green for about twenty seconds. The other eyewitness testimony was very confused. Mr. Foulk, who was waiting at the red light on Stoner headed east, completely corroborated Bordelon's version of events. According to Foulk, Bordelon did not stop. Mr. Stewart, a student driver for Sportran, claims to have been just behind Bordelon's car on Stoner as they both waited for the light to turn green. According to Stewart, the light turned green and Bordelon entered the intersection, only to be hit in the side by Jackson. Neither Bordelon nor Foulk remembered any bus in the vicinity. There were three witnesses standing in a yard about three houses down from the corner. One of these, Ms. Brooks, testified that Bordelon had not stopped at the intersection. Another, Mrs. Nash, said she saw his car stopped at the light. The third witness, Mrs. Nash's daughter, did not specifically say what she saw. Mr. Cline, the bus driving instructor, testified that Bordelon was going east on Stoner, so the trial court obviously disregarded his testimony.

Bordelon also called as a witness a Mr. Cater, a city traffic engineer. He brought along an "inventory" of the intersection. He testified rather clearly that if Jackson had entered Stoner by a left turn off Youree, then he would have to have received a red light at Centenary. This means that Jackson definitely ran a red light. Mr. Cater also stated, however, that when a northbound driver on Centenary is stopped at Stoner, he must first wait through a 9.9 second left-turn only arrow for southbound traffic. This is followed by a 3.6 second yellow arrow. Only then does the northbound traffic get a green light. This indicates that there was an interval of 13.5 seconds during which both Jackson and Bordelon should have been stopped at the intersection. Mr. Cater admitted that some of the information on his inventories had been superseded. R.p. 428. He also admitted that his appraisal of the traffic flow was based on cars driving at normal speeds. He did not say how a driver like Jackson, whose heavily loaded truck would not have very much acceleration, might progress from Youree to Centenary.

Jackson's argument on appeal is that Bordelon must have run the red light, or at least jumped prematurely through a green one before Jackson had cleared through. Thus, Jackson urges, under any interpretation of the facts, Bordelon is partly at fault and comparatively negligent. He points to the testimony of Mrs. Nash and Mr. Stewart, not for the proposition that Bordelon was waiting obediently *1286

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Palmisano v. Ohler
204 So. 3d 1134 (Louisiana Court of Appeal, 2016)
Iles v. Ogden
37 So. 3d 427 (Louisiana Court of Appeal, 2010)
Brewer v. J.B. Hunt Transport, Inc.
9 So. 3d 932 (Louisiana Court of Appeal, 2009)
Marks v. Ohmeda, Inc.
871 So. 2d 1148 (Louisiana Court of Appeal, 2004)
Celia Ann Marks v. Ohmeda, Inc.
Louisiana Court of Appeal, 2004
Bernard v. City of Lafayette
735 So. 2d 804 (Louisiana Court of Appeal, 1999)
Edwards v. St. Francis Medical Center
623 So. 2d 1387 (Louisiana Court of Appeal, 1993)
Horton v. McCrary
620 So. 2d 918 (Louisiana Court of Appeal, 1993)
Bower v. Schumpert Medical Center
618 So. 2d 600 (Louisiana Court of Appeal, 1993)
Tanner v. Fireman's Fund Ins. Companies
589 So. 2d 507 (Louisiana Court of Appeal, 1991)
Durkee v. City of Shreveport
587 So. 2d 722 (Louisiana Court of Appeal, 1991)
Carpenter v. Hartford Fire Ins. Co.
537 So. 2d 1283 (Louisiana Court of Appeal, 1989)
Mims v. Reliance Ins. Co.
535 So. 2d 1085 (Louisiana Court of Appeal, 1988)
Smiciklas v. Groendyke Transport, Inc.
505 So. 2d 775 (Louisiana Court of Appeal, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
494 So. 2d 1283, 1986 La. App. LEXIS 7683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bordelon-v-aetna-cas-sur-co-lactapp-1986.