Coutee v. STATE FARM MUT. AUTO. INS. CO.

664 So. 2d 542, 1995 WL 640641
CourtLouisiana Court of Appeal
DecidedNovember 2, 1995
Docket95-269, 95-270
StatusPublished
Cited by3 cases

This text of 664 So. 2d 542 (Coutee v. STATE FARM MUT. AUTO. INS. CO.) 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
Coutee v. STATE FARM MUT. AUTO. INS. CO., 664 So. 2d 542, 1995 WL 640641 (La. Ct. App. 1995).

Opinion

664 So.2d 542 (1995)

Josephine COUTEE, Plaintiff-Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Defendants-Appellees.
Wilmon J. COUTEE, Plaintiff-Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Defendants-Appellees.

Nos. 95-269, 95-270.

Court of Appeal of Louisiana, Third Circuit.

November 2, 1995.

*543 Jeffrey Howerton Thomas, Ted David Hernandez, Natchitoches, for Josephine Coutee in No. 9500269.

Jeffrey Howerton Thomas, Ted David Hernandez, Natchitoches, for Wilmon J. Coutee in No. 9500270.

James Michael Edwards, Monroe, for State Farm Mutual Auto Insurance Co. in both cases.

Before DOUCET, C.J., and AMY and SULLIVAN, JJ.

SULLIVAN, Judge.

This personal injury case arises out of an automobile accident. Plaintiffs, Wilmon "Jimmy" Coutee and Josephine Coutee, appeal a verdict in which the jury (1) found Mr. Coutee 80% at fault in causing the accident and (2) awarded general and special damages of $20,000 to Mr. Coutee and $3,000 to Mrs. Coutee. For the following reasons, we increase the award to Mrs. Coutee but otherwise affirm the jury's findings.

FACTS

The accident, a head-on collision between two nearly identical Ford pick-up trucks, occurred on July 15, 1991 on La. Hwy. 505 in Jackson Parish. Hwy. 505 is a rural, two lane road with a posted speed limit of 55 mph at the accident site. At approximately 10:30 that morning, Coutee, with his wife as a passenger, attempted to make a left hand turn from the westbound lane of Hwy. 505 onto a private drive at the Wyatt Manor Nursing Home. At the same time, defendant, Lynn Tharpe, was approaching from the east, having just rounded a curve located about 550' from the nursing home. Tharpe and his passenger, Calvin Costen, occupied a vehicle owned by their employer, Louisiana Gas Company, and insured by United States Fidelity and Guaranty Company.

Tharpe testified that as he exited the curve he heard Costen warn him to "watch out" and he saw the Coutee vehicle protruding three to four feet in his lane of travel. Although Tharpe immediately applied his brakes, they locked and he could not avoid the collision. He estimated his speed before braking to be 50 mph.

Both Coutee and Tharpe believed that they were in their respective lanes of travel at the time of impact. However, physical evidence at the scene established that both vehicles were across the center line, with the collision occurring in the center of the road. The investigating officer, Trooper Marshall Lyles, determined that, at the point of impact, the Coutee vehicle was between three and four feet over the center line and the Tharpe vehicle was approximately one foot over. Skid marks left by the Tharpe vehicle began in the eastbound lane but veered to the left over the center line. The wheels of the Coutee vehicle were turned to the right at the time of impact, indicating that evasive action was attempted before the crash. From the length of the skid marks and the final resting point of each vehicle, Trooper Lyles estimated that the Tharpe vehicle was traveling at least 55 mph before braking, while the Coutee vehicle was at a complete stop when it was hit.

JURY INSTRUCTIONS AND ALLOCATION OF FAULT

Plaintiffs first argue that the jury verdict is tainted because the trial judge's instructions regarding the sudden emergency doctrine were incomplete. The trial court instructed the jury, generally, that one who finds himself in a position of peril without sufficient time to weigh and consider all circumstances is not required to exercise such control or degree of care as is required of one who has ample opportunity for full exercise of reason. The trial court refused to give two charges requested by the plaintiffs to the effect that the sudden emergency doctrine cannot be invoked by one who has created the emergency by his own wrong or *544 has not used due care to avoid it. Plaintiffs argue that the omission of these charges permitted the jury to ignore any evidence of Tharpe's excessive speed or otherwise imprudent conduct if the jury found that Tharpe was faced with a "sudden emergency."

We agree that the trial judge erred in refusing to instruct the jury as requested by plaintiffs. The charge as given by the trial court is not a complete statement of the sudden emergency doctrine. See Knickles v. United Cab Company, Inc., 505 So.2d 114 (La.App. 4 Cir.1987). Nonetheless, we find that the jury charges, when viewed in their entirety, adequately instructed the jurors that their verdict should reflect any negligence which they attributed to Tharpe. In addition to generally charging the jury on the principles of comparative fault, the trial judge gave as a special charge the following:

A finding of negligence in one party because of having been in the improper lane does not foreclose a finding of negligence in the other because of some other, concurrent fault which is also a cause in fact of the accident.

In Kessler v. Southmark Corporation, 25,941, at pp. 4, 5 (La.App. 2 Cir. 9/21/94); 643 So.2d 345, 349, the court offered the following guidance in dealing with an erroneous jury instruction:

Ordinarily, factual findings of the jury are accorded great weight and may not be disturbed by the appellate court in the absence of manifest error. Rosell v. ESCO, 549 So.2d 840 (La.1989); Stovall v. Shell Oil Co., 577 So.2d 732 (La.App. 1st Cir.1991), writ denied, 582 So.2d 1309 (La. 1991). However, when the jury verdict is based on instructions which are faulty in a critical regard, the verdict is tainted and not entitled to a presumption of regularity. Dupuy v. Rodriguez, 620 So.2d 397 (La. App. 1st Cir.1993), writ denied, 629 So.2d 352 (La.1993); Stovall, supra. On the other hand, adequate jury instructions are those that fairly and reasonably point up the issues and provide correct principles of law for the jury to apply to those issues. Dupuy, supra. The pertinent inquiry in making a determination whether a jury verdict should be overturned on the basis of an erroneous jury instruction is whether the jury was misled to such an extent that it was prevented from doing justice. Hickman v. Albertson's, Inc., 598 So.2d 1128 (La.App. 2d Cir.1992), writ denied, 600 So.2d 618 (La.1992). [Emphasis added.]

Although the trial court's charges on the sudden emergency doctrine were incomplete, we cannot conclude that this error prevented the jury from doing justice in light of the other charges that were given. See Ambrose v. New Orleans Police Department Ambulance Service, 93-3099, 3110, 3112 (La. 7/5/94); 639 So.2d 216. The jury was adequately informed as to the principles of comparative negligence and did assess a percentage of fault to defendant Tharpe. Therefore, we will review the jury's allocation of fault under the manifest error-clearly erroneous standard.

Plaintiffs contend that this accident was caused primarily by Tharpe's excessive speed and by his failure to take the more prudent evasive action of steering to the right onto the shoulder rather than simply applying his brakes. The jury, however, viewed Coutee's aborted left hand turn and intrusion into Tharpe's lane of travel as the primary cause of this accident.

After a review of the record, we cannot conclude that the jury's finding is manifestly erroneous. The three experts who testified estimated Tharpe's speed between "at least 55 mph" and 67 mph in a 55 mph zone.

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664 So. 2d 542, 1995 WL 640641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coutee-v-state-farm-mut-auto-ins-co-lactapp-1995.