Cage v. Caruso

611 So. 2d 704, 1992 WL 367598
CourtLouisiana Court of Appeal
DecidedDecember 15, 1992
Docket91-CA-1692
StatusPublished
Cited by5 cases

This text of 611 So. 2d 704 (Cage v. Caruso) 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
Cage v. Caruso, 611 So. 2d 704, 1992 WL 367598 (La. Ct. App. 1992).

Opinion

611 So.2d 704 (1992)

Joseph CAGE
v.
Chavez CARUSO and City of New Orleans.

No. 91-CA-1692.

Court of Appeal of Louisiana, Fourth Circuit.

December 15, 1992.

*705 Nat G. Kiefer, Jr., Kiefer, Kiefer & Schneider, New Orleans, for plaintiff-appellee Joseph Cage.

Marie A. Bookman, Deputy City Atty., Brett Prendergast, Chief of Civ. Litigation, Kathy Lee Torregano, Chief Deputy City Atty., William D. Aaron, Jr., City Atty., New Orleans, for defendants-appellants Chavez Caruso and City of New Orleans.

Before SCHOTT, C.J., and KLEES and WALTZER, JJ.

KLEES, Judge.

Plaintiff, Joseph Cage (Cage) instituted suit against Chavez Caruso (Caruso), and the City of New Orleans to recover damages sustained in an automobile accident which occurred on March 27, 1987, in New Orleans, Louisiana. The trial court found the defendants sixty-six and two thirds percent (66 2/3%) at fault and the plaintiff thirty-three and one third percent (33 1/3%) at fault in causing the accident. The trial court rendered judgment in favor of Cage and against the defendants in the sum of $124,007 for general and special damages subject to reduction for the percentage of fault attributable to Cage. From this judgment, the defendants appeal and the plaintiff answers. After reviewing the facts and applicable law, we amend the trial *706 court's allocation of fault, and affirm the decision as amended.

The accident in question occurred at the intersection of Wisner Boulevard and Harrison Avenue at approximately 6:00 a.m. on March 27, 1987. Wisner Boulevard is a four-lane thoroughfare with two northbound and two southbound lanes separated by a neutral ground. Harrison Avenue is a two-lane thoroughfare with one westbound and one eastbound lane also divided by a neutral ground. Traffic at this intersection is controlled by a semaphore traffic signal which was operating properly on the morning of the accident.

Immediately prior to the accident, Cage, then age 57, had been traveling in a westerly direction on Harrison Avenue on his way to work at the Flower Gate Apartments. At trial, he testified that when he was either a quarter or three quarters of a block away from the intersection he noticed that the light was green[1] and that the light remained green when he actually entered the intersection. Cage testified that when he entered the intersection, it was clear of other traffic and he proceeded to traverse the northbound lanes of Wisner Boulevard and the neutral ground. As Cage began to traverse the southbound lanes of Wisner, his vehicle was struck on the right-hand passenger side by Officer Caruso.

On the morning of the accident, Caruso, a New Orleans Police Officer, was operating a police vehicle in the line of duty. Officer Caruso and his partner, Officer Darryl Dean were working the midnight to 7:00 a.m. shift and were responding to a supervisor's order to return to the police station. Caruso testified that he was traveling south in the left-hand lane of Wisner Boulevard at about 30 to 35 miles per hour. Caruso stated that when he was about twenty yards from the intersection, he noticed that his light was green and that the light remained green when he entered the intersection. Officer Dean, who was a passenger in the police vehicle at the time of the accident, was not called at trial to support Caruso's testimony.

After the accident, the record shows that Cage was transported to Veterans Administration Hospital's emergency room where he received forty stitches for a laceration to his head. Cage testified that on the day following the accident, he went to a Dr. Condie with chief complaints of pain in the neck, right shoulder, and upper right arm. Dr. Condie treated Cage's cervical injuries conservatively for approximately eight months after the accident. This treatment is undocumented because Dr. Condie is now deceased, and his patient records were destroyed by an office fire. Thereafter, Cage was treated by Dr. John Olson, a neurologist, and Dr. Kenneth Adatto, an orthopedic surgeon. Dr. Adatto has been Cage's treating physician since July of 1990. At trial, Dr. Olson and Dr. Adatto established that Cage sustained a ruptured disc at the C5-6 level. Both physicians attribute this injury to the accident in question, based upon the history given by the plaintiff.[2]

In the reasons for judgment, the trial court found that Cage sustained a ruptured disc in the accident and apportioned the fault one-third to the plaintiff and two-thirds to the defendants. The trial court found that adequate compensation for the plaintiff would be $100,000 general damages, $4,007 past medical expenses, and $20,000 future medical expenses.

On appeal, defendants argue that the district court committed manifest error by assigning them two-thirds of the fault and awarding excessive general damages and future medical expenses. Cage answered the appeal arguing that the judgment should be reversed insofar as the judgment reduces his recovery by one-third.

The trial court's allocation of liability and damage award are factual findings which are afforded great deference by appellate *707 courts. This standard of review is summarized by the Louisiana Supreme Court in Rosell v. ESCO, 549 So.2d 840 (La.1989), writ denied, 561 So.2d 105 (La.1990):

It is well settled that a court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of "manifest error" or unless it is "clearly wrong," and where there is conflict in testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Citations omitted.

Id. at 844.

Manifest error may be found where objective evidence contradicts the witness's story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable fact finder would not credit the witness's story. If these factors are present, the appellate court may find manifest error even in a finding purportedly based on a credibility determination. Rosell, supra at 844-845. However, when these factors are not present, and a fact finder's finding is based on its decision to credit the testimony of one or two of the witnesses, that finding can virtually never be manifestly erroneous or clearly wrong. Rosell, supra at 845.

This Court will first evaluate the trial court's apportionment of fault between the parties. Cage argues that the trial court's findings, the physical facts, and testimony demonstrate that he had the benefit of a green light at the time of the accident; and accordingly, he conformed with the general duties of a motorist with the benefit of a green light. Under Louisiana law, Cage was entitled to assume that traffic approaching the intersection on a red light will comply with the signal and respect his right of way. Correge v. Webb, 284 So.2d 355 (La.App. 4th Cir.1973), writ denied, 286 So.2d 664 (La.1973). Cage's only duty upon approaching a green light is to make a general observation of the intersection and to allow traffic already in the intersection at the time that the light changes to complete the crossing thus begun. Correge, supra. Because Cage conformed with his legal duties, he argues that the trial court abused its discretion in attributing one-third of the fault to him.

The initial problem upon review is that the trial court did not specifically determine whether Cage had the benefit of the green light at the time of the accident.

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Bluebook (online)
611 So. 2d 704, 1992 WL 367598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cage-v-caruso-lactapp-1992.