DeRosier v. South Louisiana Contractors

583 So. 2d 531, 1991 La. App. LEXIS 1897, 1991 WL 114080
CourtLouisiana Court of Appeal
DecidedJune 26, 1991
Docket89-1353
StatusPublished
Cited by8 cases

This text of 583 So. 2d 531 (DeRosier v. South Louisiana Contractors) 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
DeRosier v. South Louisiana Contractors, 583 So. 2d 531, 1991 La. App. LEXIS 1897, 1991 WL 114080 (La. Ct. App. 1991).

Opinion

583 So.2d 531 (1991)

Angela DeROSIER, Plaintiff-Appellee,
v.
SOUTH LOUISIANA CONTRACTORS, et al., Defendants-Appellants.

No. 89-1353.

Court of Appeal of Louisiana, Third Circuit.

June 26, 1991.
Writ Denied October 18, 1991.

*533 Clanton & Johnson, John W. Johnson, and Young, Hoychick & Aguillard, M. Terrance Hoychick, Eunice, for Angela DeRosier.

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, James E. Diaz, Jr., Tim McNamara, Lafayette, for Soloco.

Stockwell, Sievert, Viccellio, Clements & Shaddock, Thomas C. Henning, Lake Charles, for the State.

Before STOKER, LABORDE and KNOLL, JJ.

LABORDE, Judge.

This appeal arises out of a two vehicle collision occurring near Kinder, Louisiana, on May 1, 1985. Plaintiff, Angela DeRosier, filed suit against defendants, South Louisiana Contractors, Inc. (Soloco) and its insurer, Reliance Insurance Company of Illinois (Reliance), for injuries she sustained in the collision. By amending petition, the State of Louisiana, through the State Department of Transportation and Development (DOTD) was also made a defendant. Soloco and Reliance then filed a cross-claim against DOTD. A jury trial of this matter was held on March 6 through 11, 1989. In its verdict, rendered on March 11, 1989, the jury found the plaintiff to be 75% liable and Soloco and Reliance to be 25% liable for the accident. No liability was assigned to DOTD. The jury awarded plaintiff $4,176,127.01 in damages, which was reduced to $1,044,031.75 in the formal judgment in accordance with the percentage of fault assigned to the plaintiff. Both plaintiff and Soloco and Reliance filed motions for judgment notwithstanding the verdict which were denied by the trial court. Soloco and Reliance filed this appeal. The plaintiff and DOTD have answered the appeal. We amend the judgment to reduce the award against Reliance to its policy limits of $1,000,000.00 and affirm the judgment as amended.

FACTS

This accident took place at the intersection of U.S. Highway 190 and Louisiana Highway 383. At the intersection, La. 383 forks which permits eastbound traffic to continue straight towards Elton or to veer left and enter the westbound lane of U.S. 190. U.S. 190 is the favored roadway and traffic on La. 383 is controlled by a yield sign.

On May 1, 1985, at approximately 4:44 p.m., plaintiff was travelling in an easterly direction on La. 383 and veered left to enter westbound U.S. 190 traffic. In order for plaintiff to get into the westbound lane of U.S. 190, she had to first cross the eastbound lane and then the median which divides the two lanes of U.S. 190. As plaintiff approached the intersection, an eighteen wheel tractor-trailer rig owned by Soloco and operated by its employee, Carl J. Belleau, was proceeding in the eastbound lane of U.S. 190. The evidence clearly establishes that plaintiff never turned to see if there was any traffic travelling in the eastbound lane, nor did she stop or slow down at the yield sign. Mr. Belleau stated that at the point where plaintiff's truck reached the yield sign, he slammed on his brakes, sounded his horn and steered hard to his left. The two vehicles collided in the median area of U.S. 190. The front of the tractor impacted with the driver's side of plaintiff's pickup truck.

Trooper Harold Brady investigated the accident. He measured 106 feet of skid marks from the left side of the tractor-trailer and 33 feet of skid marks from the right. Plaintiff's vehicle travelled 117 feet after the collision and the tractor-trailer travelled a total of 144 feet.

Plaintiff sustained very serious injuries as a result of the accident. Mr. Belleau received minor injuries.

LIABILITY

The principal issue on appeal is the liability of the parties for the occurrence of the accident. Defendants argue that Mr. Belleau did not act negligently under the circumstances and that, therefore, the jury *534 was manifestly erroneous in assigning them any liability. On the other hand, in her answer to appeal, plaintiff contends that defendants' liability should be increased from 25% to 60%.

In Rosell v. ESCO, 549 So.2d 840, 844 (La.1989), the Louisiana Supreme Court stated the following regarding the appellate review standard:

"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 the 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. Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978); Canter v. Koehring, 283 So.2d 716, 724 (La.1973). See also, Sevier v. United States Fidelity & Guaranty Co., 497 So.2d 1380, 1383 (La.1986); West v. Bayou Vista Manor, Inc., 371 So.2d 1146, 1150 (La.1979); Davis v. Owen, 368 So.2d 1052, 1056 (La.1979); Cadiere v. West Gibson Products Co., 364 So.2d 998, 999 (La.1978); A. Tate, `Manifest Error' Further observations on appellate review of facts in Louisiana civil cases, 22 La. L.Rev. 605, 611 (1962). The appellate review of fact is not completed by reading only so much of the record as will reveal a reasonable factual basis for the finding in the trial court, but if the trial court or jury findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Arceneaux, supra at 1333, Watson v. State Farm Fire & Casualty Ins. Co., 469 So.2d 967 (La. 1985)."

With these guidelines in mind, we will review the jury's liability findings.

LSA-R.S. 32:123(C) provides that:

"C. The driver or operator of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions, or shall stop if necessary, before entering the cross walk on the near side of the intersection or, in the event there is no cross walk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. Having slowed or stopped in this manner, the driver shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard."

* * * * * *

The jurisprudence of this state has consistently held that:

"... a motorist who is proceeding on a right-of-way street, upon approaching an intersection where traffic is required under a city ordinance, and is warned by stop signs, to come to a complete stop before entering the intersection, should not be held to the same degree of care and vigilance as if no ordinance existed or stop signs were erected. The danger at such an intersection is less than that at a corner where no stop signs have been erected, and therefore less care is required of the driver on a favored street.

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

Related

Mouton v. United States
Fifth Circuit, 2021
Wiltz v. Brothers Petroleum, L.L.C.
140 So. 3d 758 (Louisiana Court of Appeal, 2014)
Hayes v. Covey
939 So. 2d 630 (Louisiana Court of Appeal, 2006)
Stephanie Hayes v. Jason C. Covey
Louisiana Court of Appeal, 2006
Boutte v. Kelly
863 So. 2d 530 (Louisiana Court of Appeal, 2003)
Faul v. Bonin
678 So. 2d 627 (Louisiana Court of Appeal, 1996)
State v. Guichard
655 So. 2d 1371 (Louisiana Court of Appeal, 1995)
Frederick v. Woman's Hosp. of Acadiana
626 So. 2d 467 (Louisiana Court of Appeal, 1993)
Derosier v. South Louisiana Contractors, Inc.
587 So. 2d 700 (Supreme Court of Louisiana, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
583 So. 2d 531, 1991 La. App. LEXIS 1897, 1991 WL 114080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derosier-v-south-louisiana-contractors-lactapp-1991.