Bruce v. State Farm Ins. Co.

859 So. 2d 296, 2003 La. App. LEXIS 2977, 2003 WL 22439606
CourtLouisiana Court of Appeal
DecidedOctober 29, 2003
Docket37,704 CA
StatusPublished
Cited by17 cases

This text of 859 So. 2d 296 (Bruce v. State Farm 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
Bruce v. State Farm Ins. Co., 859 So. 2d 296, 2003 La. App. LEXIS 2977, 2003 WL 22439606 (La. Ct. App. 2003).

Opinion

859 So.2d 296 (2003)

William Scott BRUCE, Plaintiff-Appellee,
v.
STATE FARM INSURANCE COMPANY, et al., Defendant-Appellant.

No. 37,704 CA.

Court of Appeal of Louisiana, Second Circuit.

October 29, 2003.

*299 Neal L. Johnson, Jr., Monroe, for Appellant.

T. Taylor Townsend, for Appellee.

Before BROWN, WILLIAMS and DREW, JJ.

WILLIAMS, J.

In this motor vehicle accident case, the defendant, State Farm Insurance Company ("State Farm"), appeals a judgment in favor of the plaintiff, assessing defendant with 100% fault in causing the accident. The trial court awarded plaintiff damages for pain and suffering, medical expenses, past lost wages, loss of enjoyment of life and property damage. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

This accident occurred on April 27, 2000, between a 1994 Mack truck, owned and operated by William Scott Bruce ("Bruce") and insured by Burns & Wilcox of Louisiana, LTD., and a 1997 Ford pickup truck operated by Charles David Daniel ("Daniel"), owned by his company, Daniel Butane Gas Company, and insured by State Farm.

On April 27, 2000, at approximately 7:50 a.m., Bruce was operating his eighteen wheel log truck in the eastbound lane of La. Hwy 3128, a two-lane black top highway with gravel shoulders, which is commonly referred to as the Paper Mill Cutoff Road. Bruce signaled and attempted to make a left turn across the westbound lane of traffic onto a service road. However, Daniel, who was driving his pickup truck in the same direction as Bruce, attempted to pass Bruce's vehicle in a "no passing" zone. As Bruce began to negotiate the left turn, Daniel's vehicle collided with the left side of Bruce's eighteen-wheel truck. As a result of the accident, Bruce sustained property damage to his vehicle and personal injuries.

Subsequently, Bruce filed a petition for damages, alleging that Daniel was at fault in causing the accident. The defendants, Daniel Butane Gas [Company, Inc., State Farm and Charles Daniel, filed an answer denying the plaintiff's allegations. Plaintiff's uninsured motorist insurer, Burns & Wilcox of Louisiana, LTD., also named as a defendant, was voluntarily dismissed from the lawsuit with prejudice. Prior to trial, State Farm paid $4,964.57 for repairs made to plaintiff's vehicle, $6,578.24 for loss of use of the vehicle during the repairs and $903.26 for additional property damage.

At trial, Trooper Clilfton Brister, the state trooper who investigated the accident, testified that both vehicles were traveling in an easterly direction with nothing to impede the view of the drivers. Trooper Brister testified that although he did not issue Daniel a citation, his investigation revealed that Daniel had attempted to pass the eighteen-wheel truck in a "no passing" zone. Photographs of the scene were filed into evidence. They depicted *300 the curve in the roadway and a slight incline. The photographs also depicted that there was a double-yellow center line in the highway where the collision occurred, evidencing that the vehicles were in a "no passing" zone.

At the conclusion of the trial, the court found that the plaintiff had legally stopped his vehicle and had exercised care and caution in making his left turn across the westbound lane of traffic. The trial court concluded that Daniel was 100% at fault in causing this accident because he had disregarded plaintiff's turn signal and executed an improper pass in a "no passing" zone. The court awarded plaintiff damages in the amount of $10,940.58 for property loss, $5,512.50 loss of enjoyment of life. The defendants appeal the judgment.

STANDARD OF REVIEW

It is well settled that a court of appeal may not set aside a trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." When there is conflicting testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed on review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Where there are two permissible views of the evidence, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v. State, 617 So.2d 880, 881 (La.1993); Rosell v. ESCO, 549 So.2d 840, 844-845 (La.1989).

DISCUSSION

Liability

The defendants contend the trial court committed manifest error in finding that Daniel was 100% at fault in causing the accident. They maintain that plaintiff was at a "dead stop" on the eastbound shoulder when he suddenly and without warning executed a left-hand turn across La. Hwy 3128. The defendants argue that plaintiff's actions were negligent and, therefore, he was partially at fault in causing the accident.

The parties do not dispute that LSA-R.S. 32:101(A)(2) and 32:104(A) are applicable to the instant case. LSA-R.S. 32:101(A)(2) provides:

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 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.

LSA-R.S. 32:104(A) provides:

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.

In their brief, the defendants cite this Court's decision in Gryder v. Jackson, 32,037 (La.App.2d Cir.6/16/99), 739 So.2d 246, as support for their position; however, the facts of the present case are readily distinguishable from the facts of that case. In *301 Gryder, this court found that evidence of the left-turning driver's failure to use her rearview mirror to view an overtaking truck in a high-speed area of highway, where the passing maneuver by the overtaking truck was appropriate, supported a finding that the left-turning driver was partially at fault when the overtaking truck struck the left-turning car. We found that the fully loaded truck had traveled completely into the passing lane, and even over upon the shoulder, for a considerable length of time before the impact occurred. We stated:

Judicial interpretations of LSA-R.S. 32:104(A) have made it clear that a leftturning motorist has a strong duty of care. The duty includes properly signaling an intention to turn left and keeping a proper lookout for both oncoming and overtaking traffic in order to ascertain that the left turn can be made with reasonable safety. Agency Rent-A-Car, Inc. v. Hamm, 401 So.2d 1259 (La.App. 1st Cir.1981). The left-turning motorist is required not only to look to the left before turning, but has a duty to see what should be observable. Hollier v. Gilder, 306 So.2d 475 (La.App. 3d Cir. 1975). If the driver of a left-turning vehicle signals a left-hand turn, the leftturning driver only fulfills one-half of the requirement for making such maneuver for it remains incumbent upon him to look to his rear to see if the lefthand lane is clear before beginning his left turn.

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Bluebook (online)
859 So. 2d 296, 2003 La. App. LEXIS 2977, 2003 WL 22439606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-v-state-farm-ins-co-lactapp-2003.