Cascio v. City of Monroe

530 So. 2d 1170, 1988 WL 58194
CourtLouisiana Court of Appeal
DecidedJune 1, 1988
Docket19652-CA
StatusPublished
Cited by10 cases

This text of 530 So. 2d 1170 (Cascio v. City of Monroe) 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
Cascio v. City of Monroe, 530 So. 2d 1170, 1988 WL 58194 (La. Ct. App. 1988).

Opinion

530 So.2d 1170 (1988)

Myrtis Hernandez CASCIO & Joe Cascio, Jr., Plaintiffs/Appellants,
v.
The CITY OF MONROE & Harold D. Arrant, Defendants/Appellees.

No. 19652-CA.

Court of Appeal of Louisiana, Second Circuit.

June 1, 1988.

*1171 Jones & Johnson by Jerry L. Jones, Monroe, for plaintiffs/appellants.

Carl Van Sharp, Asst. City Atty., Monroe, for defendants/appellees.

Before HALL, JASPER E. JONES and NORRIS, JJ.

HALL, Chief Judge.

This is a personal injury action arising from an intersectional collision between an automobile and a City of Monroe firetruck. The plaintiffs are Myrtis Hernandez Cascio, the driver of the automobile; and her former husband, Joe Cascio, Jr. The defendants are Harold Arrant, the driver of the firetruck; and his employer, the City of Monroe.

Following trial on the merits, the district judge found that the accident was caused by the concurrent negligence of Mrs. Cascio and Mr. Arrant. The trial judge awarded Mrs. Cascio special damages for medical expenses in the amount of $8,256.25, lost wages in the amount of $3,652.00 and general damages of $33,000.00 for pain and suffering and mental anguish. No award was made for permanent disability. Mr. Cascio was awarded $1,500.00 for loss of consortium.

Applying principles of comparative fault, the trial judge found Mrs. Cascio to be 40% at fault and reduced both her award and Mr. Cascio's award accordingly. Judgment was rendered in favor of Mrs. Cascio and against Mr. Arrant and the City of Monroe, in solido, for a total amount of $26,944.95, and in favor of Mr. Cascio for a total amount of $900. Costs of the proceeding were taxed equally between plaintiffs and defendants.

Mrs. Cascio appeals the trial court's assessment of fault and the amount of general damages awarded. Mr. Cascio appeals also and assigns as error the reduction of his loss of consortium award by the percentage of Mrs. Cascio's negligence. Additionally, both plaintiffs complain of the assessment of court costs against them.

Finding that the trial court was correct in finding Mrs. Cascio at fault but that its assessment of 40% of the fault of the accident *1172 to Mrs. Cascio was excessive, we amend that part of the trial court judgment to reduce the comparative fault of Mrs. Cascio to 20%. We affirm the trial court's quantum determinations, and will amend the judgment to reflect the reduced percentage of fault attributable to Mrs. Cascio. We also amend the judgment to assess costs to the defendants.

The Facts

The accident occurred shortly after 7:00 a.m. on September 23, 1985 at the intersection of Louisville Avenue and Sixth Street in Monroe, Louisiana. Mrs. Cascio was driving her Pontiac Sunbird east on Louisville and entered the intersection pursuant to a green light. Mr. Arrant was driving the firetruck north on Sixth Street, enroute to a fire with lights flashing and siren blowing, and entered the intersection against a red light.

Mrs. Cascio testified that she had her windows up and the radio on in her car and did not hear the siren. She also testified that she did not see the firetruck until it was too late to stop. Louisville Avenue has four lanes, two eastbound and two westbound. Mrs. Cascio was initially driving in the inside eastbound lane but changed to the outside lane as she approached the intersection. She testified that she changed lanes because the inside lane was obstructed by a stopped car which she believed was stalled. There were also cars stopped in the westbound lanes of Louisville at the intersection but there was no evidence that Mrs. Cascio observed these other cars. Mrs. Cascio testified that she was traveling at about 30 m.p.h. when she entered the intersection.

Sixth Street is a one-way street that has four lanes at its intersection with Louisville. The two outside lanes are turn lanes. A pickup truck was stopped in the western outside turn lane at the intersection and the firetruck was in an inside lane proceeding across Louisville when the accident occurred. Mr. Arrant testified that he was traveling about 30-35 m.p.h. down Sixth Street but slowed to about 15-20 m.p.h. as he approached the intersection. Looking to the left, Mr. Arrant saw the vehicle stopped in the inside eastbound lane of Louisville. Looking to the right, he observed that the westbound traffic had stopped. He then accelerated and proceeded through the intersection. He testified that he did not see Mrs. Cascio's vehicle prior to the collision, which occurred in the southeast quadrant of the intersection when the front end of Mrs. Cascio's car struck the side of the firetruck just behind the front wheel.

Trial Court Opinion

The trial court found that both Mrs. Cascio and Mr. Arrant were at fault in causing the accident. With regard to Mr. Arrant's fault, the trial court found that because of his elevated position there were no impediments to his vision and that had he looked back to his left before entering the intersection he would have seen Mrs. Cascio. The court pointed out that Mr. Arrant was a trained, professional fireman and that as such he was certainly aware of the danger of his conduct in entering an intersection on a red traffic signal and that there was great risk involved in his conduct. The court found that although there were extenuating circumstances requiring Mr. Arrant to proceed with haste, he entered the intersection without due regard for the safety of others. The trial court assigned 60% of the fault of the accident to Mr. Arrant and his employer, the City of Monroe.

Regarding Mrs. Cascio's fault, the court stated that a green light did not give Mrs. Cascio a "carte blanche right" to cross the intersection and pointed out that she had a duty to yield the right-of-way when the firetruck approached the intersection using its audible and visible emergency signals. The court found that as Mrs. Cascio approached the intersection in the inside lane and made the decision to turn right into the outside lane, her attention was momentarily diverted to looking to her rear to see if she could move into the outside lane safely. The court reasoned that Mrs. Cascio's impatience led to her not properly ascertaining the reason the vehicle in front of her had stopped and found that there were no extenuating circumstances requiring her to *1173 proceed in haste. The court stated that evidently she was very near the intersection when she changed into the outside lane and that had she been some distance away when she changed lanes, Mr. Arrant would have observed her presence. The court also stated that the fact that Mrs. Cascio's radio was on was an "obvious distraction" to her driving and prevented her from hearing the firetruck. The trial court found that the firetruck was within Mrs. Cascio's range of vision and that she was at fault for failing to see it until just before impact. The court concluded that although Mrs. Cascio's conduct was the result of inadvertence it created a high degree of risk and assigned 40% of the fault of the accident to Mrs. Cascio.

Contention of the Parties

On appeal, Mrs. Cascio contends that the trial court erred in finding 40% comparative negligence on her part. She asserts that her ability to hear the firetruck's siren was impaired because her windows were up and her radio was on. She argues that she could not yield to an audible signal which she could not hear.

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Cite This Page — Counsel Stack

Bluebook (online)
530 So. 2d 1170, 1988 WL 58194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cascio-v-city-of-monroe-lactapp-1988.