Cormier v. Albear

758 So. 2d 250, 2000 WL 136133
CourtLouisiana Court of Appeal
DecidedFebruary 2, 2000
Docket99-1206
StatusPublished
Cited by22 cases

This text of 758 So. 2d 250 (Cormier v. Albear) 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
Cormier v. Albear, 758 So. 2d 250, 2000 WL 136133 (La. Ct. App. 2000).

Opinion

758 So.2d 250 (2000)

Dwayne CORMIER, et al., Plaintiffs—Appellees,
v.
Alfonso G. ALBEAR, et al., Defendants—Appellants.

No. 99-1206.

Court of Appeal of Louisiana, Third Circuit.

February 2, 2000.

*252 Allen R. Ingram, Law Office of Allen R. Ingram, Lafayette, LA, Counsel For Plaintiffs/Appellees, Dwayne A. Cormier, Connie Cormier, Joshua Blake Cormier & Justin Paul Cormier.

S. Brian Perry, Breaud & Lemoine, Lafayette, LA, Counsel For Defendants/Appellants, Alfonso G. Albear, Gordy Trucking Company, Acme Truck Line, Inc. & St. Paul Fire & Marine Ins. Co.

BEFORE: DOUCET, C.J., THIBODEAUX and DECUIR, Judges.

THIBODEAUX, Judge.

Dwayne Cormier filed suit against Alfonso G. Albear, the owner and lessee of the tractor-trailer being driven by Mr. Albear, and their liability insurer, asserting that Mr. Albear was negligent in failing to perceive and yield the right of way to favored traffic at a flashing red light and stop sign. The trial court granted Mr. Cormier's motion for partial summary judgment, finding Mr. Albear solely liable for the accident. Defendants appeal. We affirm.

I.
ISSUES
We shall consider:
1. whether there are genuine issues of material fact in dispute which preclude partial summary judgment on the issue of liability;
2. whether the trial court committed legal error in granting partial summary judgment on the issue of liability and insurance coverage without apportioning fault between the parties.

II.

FACTS

On September 22, 1998, Dwayne Cormier was involved in an intersectional collision with a tractor-trailer driven by Alfonso Albear at the confluence of U.S. Highway 90 and La. Highway 675 in Iberia Parish. Highway 90 is a four-lane highway, divided by a median, that runs east-west and has a speed limit of 65 mph in the province of the intersection. Running in a north-south direction, Highway 675 is a two-lane highway. The intersection of these highways is controlled by flashing yellow caution lights for traffic on Highway 90 and by flashing red lights and stop signs for traffic on Highway 165.

Mr. Cormier was driving his Nissan Altima in a westerly direction on U.S. 90. Mr. Albear was driving an eighteen-wheel tractor-trailer loaded with casing in a southerly direction on Highway 165. The weather was clear and the roads were dry and fairly straight. The vehicles collided when the tractor-trailer attempted to cross Highway 90 in the path of Mr. Cormier's car which struck the tractor-trailer broadside just before the rear tires.

Mr. Cormier testified that he was traveling westward in the inside lane of Highway 90 with his cruise-control set at the speed limit of 65 mph when the tractor-trailer appeared in front of him, giving him only 1 to 1.5 seconds to react. He avers that the tractor-trailer did not stop at the intersection and crossed Highway 90 at approximately 40-45 mph. He testified that upon seeing the tractor-trailer, he immediately applied his brakes and ducked, just before impact.

Mr. Albear testified that he stopped at the stop sign and flashing red light and then checked for oncoming traffic but did not see the approaching car. He avers that he then attempted to cross Highway 90 at approximately 10 mph. He stated that approximately three-fourths of the way across the intersection, he checked his left side-view mirror and saw a car lodged *253 beneath the trailer just in front of his rear tires. He did not feel the impact.

After exiting his car without assistance, Mr. Cormier was treated at the scene by Acadian Ambulance Service for a small glass cut. He then returned to work. Later that day, he visited the emergency room at the Medical Center of Southwest Louisiana and was diagnosed with a cervical lumbar strain.

Mr. Cormier filed suit seeking damages against Mr. Albear, Mr. Albear's employer, R.L. Gordy Trucking Company, Acme Truck Lines, Inc., and St. Paul Fire Insurance Company (hereinafter "St. Paul"), asserting that he sustained severe and disabling injuries as a result of the accident. Also named as plaintiff was Mrs. Connie Cormier, individually and on behalf of the Cormiers' minor children, Joshua and Justin Cormier.

Following preliminary discovery, Mr. Cormier filed a Motion for Partial Summary Judgment on the issues of liability and insurance coverage. In his memorandum in support of summary judgment, Mr. Cormier argued that there was no genuine issue of material fact regarding defendants' liability for the accident because Mr. Albear was driving his employer's company truck at the time of the accident and had a duty to stop at the stop sign and not to cause an immediate hazard by entering the intersection in front of approaching traffic. All parties conceded that in the event the defendants were found liable, the insurance policy would be "responsive." The trial court concluded that summary judgment on the issue of insurance coverage was thereby resolved.

Turning next to the issue of liability, the trial judge articulated the following reasons for granting the Motion for Partial Summary Judgment:

I find that there is no issue of material fact, that the defendant should have stopped, should have made sure that the way was clear before he proceeded into the intersection. He had no right to proceed without making that assurance. He had no right to enter the intersection, especially if he knew that he was loaded and couldn't make it through the intersection safely. He had an obligation not to enter the intersection at all. And I find that there is no issue of material fact, that he failed to yield the right-of-way to the favored traffic lane. And I grant the Summary Judgment on the issue of liability.

In the Partial Judgment on Liability and Insurance Coverage, the trial judge found that the sole legal cause of the accident was the fault of Alfonso Albear and that St. Paul, his insurer, was liable up to the full amount of its insurance coverage.

Defendants brought this appeal seeking reversal of the summary judgment on liability and the opportunity to prove comparative fault on the part of Mr. Cormier.

III.

LAW AND DISCUSSION

Standard of Review

An appellate court reviews summary judgments de novo, applying the same criteria as the district court in determining whether summary judgment is appropriate. Schroeder v. Board of Supervisors of Louisiana State Univ., 591 So.2d 342 (La.1991). Article 966(B) of the Louisiana Code of Civil Procedure provides that summary judgment shall be granted where the pleadings, depositions, answers to interrogatories, admissions on file and affidavits show that there are no genuine issues of material fact and that the mover is entitled to judgment as a matter of law.

Burden of Proof

The mover has the burden of showing that no material issues of fact exist. La.Code Civ.P. art. 966(C)(2). To satisfy this burden, the mover must present supportive evidence that the motion should be granted. Once the mover establishes a prima facie showing, the burden of production shifts to the nonmoving party to present evidence of the existence of *254 issues of material fact which preclude summary judgement. An adverse party may not rest on the pleadings but must set forth, by affidavit or otherwise, specific facts showing that there is a genuine issue for trial. La.Code Civ.P. art. 967.

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Cite This Page — Counsel Stack

Bluebook (online)
758 So. 2d 250, 2000 WL 136133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cormier-v-albear-lactapp-2000.