Bryant v. Newman

900 So. 2d 343, 2005 WL 901124
CourtLouisiana Court of Appeal
DecidedApril 20, 2005
Docket39,437-CA
StatusPublished
Cited by4 cases

This text of 900 So. 2d 343 (Bryant v. Newman) 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
Bryant v. Newman, 900 So. 2d 343, 2005 WL 901124 (La. Ct. App. 2005).

Opinion

900 So.2d 343 (2005)

Christopher BRYANT, Plaintiff-Appellant,
v.
Stephen L. NEWMAN, The Artesian Water Company, Inc., and Interstate Fire and Casualty Company, Defendants-Appellees.

No. 39,437-CA.

Court of Appeal of Louisiana, Second Circuit.

April 20, 2005.

*345 McKeithen, Ryland & Champagne, by Rebel Garnett Ryland, Dina F. Domangue, Columbia, for Appellant.

Steven Eric Soileau, Shreveport, for Appellees.

Before PEATROSS, DREW and LOLLEY, JJ.

DREW, J.

The plaintiff, Christopher Bryant, appealed the judgment dismissing his action for damages with prejudice and at his costs. The trial court found that Bryant was 100% at fault in causing the collision. Both vehicles were traveling west on the two-lane highway with a posted speed of 55 mph in Tensas Parish. Bryant's truck overtook Stephen Newman's slower moving truck and trailer. The wreck occurred when Bryant drove in the left lane to pass Newman, who began a left turn into the parking lot of a convenience store.

Bryant alleged that the trial court erred in considering his driving record unrelated to this accident, in finding him to be totally at fault while not assessing Newman with any fault, and in failing to award plaintiff damages for his injuries. Because we cannot say that the trial court was clearly wrong and manifestly erroneous in its factual findings, the judgment is affirmed.

TESTIMONY

Bryant testified:

• He was an independent satellite installation contractor for Comcraft.
• On August 29, 2003, he had a wreck on Highway 4 near Newellton and in front of B and B Treasures, a convenience store.
• As he was driving to Winnsboro, he came around a curve and saw a slow-moving vehicle, which he thought had just pulled onto Highway 4 from an adjoining highway.
• As he started to pass, the slow-moving vehicle made a left turn and struck his passenger side door. He lost control of the truck, which spun sideways, slid into a ditch, rolled over, and came to rest on the driver's side in the ditch.
• Nothing on the big slow truck, such as turn signal or brake lights, alerted Bryant that the truck was about to turn. Plaintiff assumed the truck had not gotten "up to speed yet."
• There was no oncoming traffic and no yellow lines prohibiting passing. Plaintiff was beside the big truck's trailer when the truck driver began his left turn and struck plaintiff's truck.
• Acknowledging that he stated at his deposition that he took no evasive action and did not know Newman was turning until the collision, Bryant said that he saw the vehicle moving left but did not know Newman was turning.
• He had almost finished passing the Newman truck, which was damaged on the front left hand bumper while his *346 vehicle was damaged on the passenger side door.
• He was able to climb out of the driver's side window and was not talking on his cell phone when the accident occurred.
• Bryant was driving the 55 mph speed limit when he saw the slow truck without blinkers or brake lights on Highway 4. About 100 feet behind the truck, Bryant moved into the left hand lane. Bryant did not need to accelerate to pass the truck.
• After the excitement died down, plaintiff had cramps in his neck. The next morning he awoke with a pounding headache and a neck so stiff he could hardly move it.
• He saw Dr. Turnley, who released him to return to work on November 17, 2003. Plaintiff earned an average of $870.00 per week and earned no money from August 29 until November 17. Physically, he still has neck problems but works through it.
• Thirty-five days passed before Bryant sought medical treatment and he told his employer he was unable to work because he did not have transportation. He did not report that he was injured. Bryant explained he had not seen the doctor who informed him he could not work due to his injury.
• Bryant informed coworkers Jason Bruton and Carl Young that he could not work due to his injury.
• While off work, he did maintenance work at the apartment complex where his fiancée, now wife, was the manager.
• When he returned to work a day or two after November 17, he was able to perform his full-time job as a satellite television installer, although he still had occasional charley horse symptoms.

In response to questions from the trial judge, Bryant stated:

• He had two speeding tickets since the wreck, but none before and he had never had a wreck. (He later explained he had two speeding tickets before the accident and a total of four, since he got his driver's license at age 17.)
• His neck pain started with a dull ache and turned into "real sharp searing pain and had a lot of heat in it."
• Bryant was familiar with the store where the crash occurred and described its operations.
• He saw the doctor after he hired his lawyer.

Steve Newman testified that he was driving a large Isuzu one-ton Party Ice truck and pulling a trailer (owned by Artesian Water Company and insured by Interstate Fire & Casualty Co.). After stopping at the intersection of Highways 128 and 4, Newman looked right on the long round curve, saw no traffic, and turned left onto Highway 4. He estimated his top speed at 40 mph because he knew he would be turning left into the convenience store located 0.3 miles from the intersection. He looked into his left side mirror but did not see Bryant's truck. Because of the distance Bryant's vehicle skidded, Newman opined that Bryant was "driving way too fast." Newman used his left turn signal, and his brake lights were working. Newman calculated he was traveling 10 to 15 mph as he began his turn.

As he turned, Newman heard the screeching brakes to his left, hit his brakes, and stopped. Newman stated that Bryant lost control of his vehicle. Newman's truck was stationary when Bryant's vehicle struck his, ricocheted off his door and front bumper, and went into the ditch. Newman never saw Bryant's vehicle before the crash and stated that his truck *347 was turned almost sideways at impact and was four to five feet over the center line. Newman estimated Bryant's truck traveled 50 feet after impact. Newman's truck was not moved by the impact. After he ascertained that Bryant was alright, Newman moved his truck and trailer out of the road. Newman's two passengers in the ice truck corroborated his account of the accident. Newman testified that Bryant told him he was in a hurry and should not have been passing.

The owner of the convenience store, Thomas Boone, testified he was 20 to 25 away feet from the door and walking toward his business when he heard the tires skidding and then the impact. The witness saw Bryant's truck bouncing off the ice truck into the ditch. The turn signal on Newman's ice truck was blinking. Boone estimated:

• the distance from the driveway to the point at which Bryant's truck came to rest on its side in the ditch was 30 feet;
• the ice truck was not as far into the left lane as Newman estimated;
• Bryant was traveling in excess of 55 mph prior to impact based upon the speed at which his truck traveled after the impact; and

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Cite This Page — Counsel Stack

Bluebook (online)
900 So. 2d 343, 2005 WL 901124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-newman-lactapp-2005.