Charles v. Price

273 So. 3d 567
CourtLouisiana Court of Appeal
DecidedMay 22, 2019
DocketNo. 52,688-CA
StatusPublished

This text of 273 So. 3d 567 (Charles v. Price) 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
Charles v. Price, 273 So. 3d 567 (La. Ct. App. 2019).

Opinion

COX, J.

*569This appeal is from the Third Judicial District Court, Lincoln Parish, Louisiana. The plaintiffs, Darrell Charles and Alton Adams (hereinafter referred to as "Charles" and "Adams," respectively), brought suit against Robert Price (hereinafter referred to as "Price") and his insurance carrier, USAA Casualty Insurance Company, after a car accident in an intersection controlled by traffic signals. The trial court found in favor of Price. The plaintiffs now appeal. For the following reasons, we affirm the trial court's judgment.

FACTS

This suit arises from an automobile collision in Ruston, Louisiana, on October 15, 2016, at 9:22 p.m. The plaintiffs were passengers in Freddie Maxwell's Honda Accord. Price was driving a Mitsubishi Lancer owned by his father, Jeffrey Price, and insured by USAA Casualty Insurance Company. The two vehicles collided at the intersection of West California Avenue and South Trenton Street, which is controlled by a red light. Price was traveling southbound on S. Trenton St. Maxwell was traveling westbound on W. California Ave. The issue at trial was which driver ran the red light.

The plaintiffs filed a petition for damages on April 18, 2017, claiming Price ran the red light and caused the accident and specifically pleading the doctrine of res ipsa loquitor. Charles claimed he sustained serious injuries including injuries to his back, neck, chest, abdomen, ribs, both hands, head, and emotions. He claims his head injuries have been accompanied by headaches and dizziness. Charles also claimed damages of past and future loss of enjoyment of life, inconvenience, past and future pain and suffering, past and future mental anguish and emotional distress, past and future medical expenses, past and future loss of earnings, past and future loss of earning capacity, lost wages, past and future disability, past and future physical impairment, negligent infliction of emotional distress, medical related expenses and bills, and all non-economic damages.

Adams claims he sustained injuries to his lower back, neck, right shoulder, right hand, ribs, head, and emotions. He claims his head injuries have been accompanied by headaches. Adams also claims damages of past and future loss of enjoyment of life, inconvenience, past and future pain and suffering, past and future mental anguish and emotional distress, past and future medical expenses, past and future loss of earnings, past and future loss of earning capacity, lost wages, past and future disability, past and future physical impairment, negligent infliction of emotional distress, medical related expenses and bills, and all non-economic damages.

The bench trial began on September 25, 2018. Price testified as to the following:

• He did not stop at a red light at the intersection of S. Trenton and W. California.
• He did not see the Maxwell vehicle until the crash occurred.
*570• After the initial impact, his vehicle rotated about 200 degrees, striking a pole, and the Maxwell vehicle kept going and crashed into a building.
• He never heard any horns blowing prior to the collision.
• When he first observed his traffic light, it was green, and it remained green.
• Immediately after the collision, there was an altercation between Maxwell and Price. A stranger, Tori Ward, witnessed the accident and protected Price from Maxwell while he was on the ground. Ms. Ward's boyfriend, Jacob Davis, also witnessed the accident and ended up getting involved in an altercation with Maxwell to protect Ms. Ward. A third witness, Morgan Lolley, was also present after the collision.
• Officers performed a field sobriety test on him (Price), which he passed.
• He saw Charles removed from the Maxwell vehicle on a stretcher.

Ms. Lolley, an independent eyewitness, was the next to testify. She testified that she gave her statement to police on the same day as the accident. She stated that she did see the accident, but the police report stated, "Lolley stated that she did not see the wreck happen, but she did see Maxwell attack Price." Ms. Lolley testified that she was driving behind Price when the accident occurred. She stated they were both stopped at a red light. She testified that when the light turned green, both vehicles started moving, and she was waiting on Price to go so she could turn right.

Ms. Ward, the second independent eyewitness, testified next. She stated that she had never given a statement to police regarding the accident. She testified that she was in the backseat while Ms. Lolley was driving. Ms. Ward testified that she was looking at her phone, and when the car started moving, she looked up and saw the green light. She stated that when she looked up, she saw a "car flying across out of the corner of [her] eye." She testified that she did not see the actual collision, just the aftermath, when the cars were spinning. She stated that she and Mr. Davis offered assistance to Price after the accident. She testified that after Price got out of his vehicle, the driver from the other vehicle walked over and punched Price in the face, knocking him to the ground.

Mr. Davis, the third independent eyewitness, also testified at trial. He testified that he was in the front seat of the vehicle that was behind Price. He stated the light was red, so they were sitting at the intersection. He stated that the "light turned green and started to go and a car came across the intersection on California and hit Price's vehicle on the front side." He testified that he offered to give a statement to police at the scene, but the police officer told him they would call him if they needed a statement. Mr. Davis stated that he intended to check on both vehicles after the accident, but as he was making his way to Maxwell's vehicle, two people came running across the street toward him and Price. He testified that one of the men punched Price, knocking him to the ground. He stated that after the man hit Price, the man turned and punched him as well. Mr. Davis stated that he had only met Price once before the accident. He testified that they had a mutual friend who was also Price's former roommate.

Charles was the next to testify. Charles was riding in the front passenger seat of Maxwell's car. He stated that he had his head down texting and when he looked up, their vehicle was hit. Charles testified that he did not know whether or not Maxwell had to stop at the signal light. He stated *571that his injuries included glass in his hands, broken ribs, and injuries to his head, neck, and back.

Adams testified that he was seated in the right rear passenger seat of Maxwell's vehicle. He testified that when he noticed the other vehicle, their light had just turned green. He stated that Maxwell's vehicle had made it most of the way through the intersection before being struck by Price's vehicle. He testified that Price's vehicle was moving forward when he tapped on Charles's shoulder and told him that they were about to get hit. Adams testified that he sustained injuries to his hands, neck, and back. Maxwell was not called to testify at the trial.

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

Related

Stobart v. State Through DOTD
617 So. 2d 880 (Supreme Court of Louisiana, 1993)
Salvant v. State
935 So. 2d 646 (Supreme Court of Louisiana, 2006)
Mosley v. Griffin
191 So. 3d 16 (Louisiana Court of Appeal, 2016)
Amos v. Taylor
244 So. 3d 749 (Louisiana Court of Appeal, 2017)
Jack v. Eldorado Casino Shreveport Joint Venture
264 So. 3d 599 (Louisiana Court of Appeal, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
273 So. 3d 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-v-price-lactapp-2019.