Dickerson v. Jordan

514 So. 2d 719, 1987 La. App. LEXIS 10526
CourtLouisiana Court of Appeal
DecidedOctober 28, 1987
DocketNo. 19058-CA
StatusPublished
Cited by1 cases

This text of 514 So. 2d 719 (Dickerson v. Jordan) 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
Dickerson v. Jordan, 514 So. 2d 719, 1987 La. App. LEXIS 10526 (La. Ct. App. 1987).

Opinion

NORRIS, Judge.

This is a tort case in which the plaintiff, Mrs. Dickerson, was rear-ended by a following driver, Mr. Vallery. Mr. Vallery was then rear-ended by a second following driver, Mr. Jordan.* Mrs. Dickerson and her husband sued them both, along with their insurers, Jordan’s employer, and her own uninsured motorist carrier. After settling with all but Jordan’s employer, the City of Monroe, plaintiffs went to trial on the issue of whether Jordan’s negligence [720]*720was a contributing cause of her injury. The trial court found it was not and dismissed their claims. She and her husband now appeal and, for the reasons expressed, we affirm.

The accidents occurred on North 18th Street in Monroe. This is a broad north-south artery consisting of two northbound and two southbound lanes without a median. North 18th intersects in a “T” with McKeen Place, which meets it on the west but does not cross. The intersection is governed by traffic lights. All the vehicles involved in this case were driving north in the right-hand lane of North 18th and were approaching McKeen Place. It was about 11:20 a.m. on a clear, dry August day and the lunchtime traffic was heavy.

According to Mrs. Dickerson, she came up to the McKeen Place light where two or three cars were waiting, but before she arrived, the light changed to green. She followed slowly behind the cars until the lead car made a right turn into a private parking lot and brought traffic to a stop. Mrs. Dickerson testified she stopped suddenly, but it was not an “emergency” stop. Glancing in her rear-view mirror she noticed a large pickup truck and realized it was coming too fast to stop in time. She estimated the truck’s speed at 15-20 m.p.h. She braced herself by putting her foot on the brake and gripping the steering wheel. She then heard and felt what she described as two impacts that happened very quickly. She testified that one of these impacts pushed her five or six feet forward. The vehicle that struck her was Vallery’s Ford pickup.

Vallery testified that he had stopped at the previous red light and then driven up towards McKeen Place. As he neared, the light was red and a few” cars were waiting. He approached, going about 15-20 m.p.h., and saw the light turn green. The cars started but quickly stopped. In his rear-view mirror, he could see Jordan’s truck coming up fairly fast; Jordan was looking off into the other lane, and Vallery was sure that Jordan would not see to stop. Vallery pulled up to within six or seven feet of Mrs. Dickerson’s Thunderbird and decided he had to stop or he would hit her. He testified that he firmly applied his brakes and stopped without ever touching the Thunderbird. He heard no brakes squeal but was immediately hit from behind. He was not hurt, however, and insisted the impact did not thrust him into Mrs. Dickerson’s car. When he got out of his truck, there was still a space of five or six feet between the front of his truck and the back of the Thunderbird.

Jordan testified he was also riding north, traveling from a jobsite on North 19th Street to another on Park Avenue, in the course and scope of his employment for the City of Monroe. His 1976 Chevy Luv truck was considerably smaller than Vallery’s Ford truck. As he went down North 18th in the right lane, he was looking at the left lane, which was moving faster. He was motioning to a friend in the left lane to let him merge, and was not paying attention to the traffic straight ahead. When he finally looked up, he realized he was too close and was going to hit the back of Vallery’s truck. He stomped on the brake but rear-ended Vallery’s truck almost immediately. He estimated his speed at ten to 15 m.p.h. on impact. He was positive that the impact did not make Vallery’s truck move forward.

When everyone got out and inspected the damage, they found Jordan’s front grill and headlights smashed under Vallery’s rear bumper. Between Vallery's truck and Mrs. Dickerson's Thunderbird, however, there was enough space for her to walk through. Despite Vallery’s insistence that he had not hit her, and the obvious space between their vehicles, Mrs. Dickerson said she had been hit twice. She reported this to Officer Douglas, who responded to the call. However, neither Officer Douglas nor anyone else at the scene could detect even the slightest damage to the Dicker-sons’ Thunderbird.

Apart from her testimony and the medical evidence of her back problems, Mrs. Dickerson argued two additional factors to prove that she had been hit. First was the evidence that her three year old grandson, who was riding in the front seat with her, [721]*721had bit his lip and had a bloody mouth as a result of the impact. Mrs. Dickerson and her daughter, Mrs. Petty, both testified to this, but no one else at the scene remembered the child having a bloody lip. Mrs. Petty’s lawsuit for her son’s injuries was settled before trial, so this particular issue was not actually resolved. Second was the testimony of three body shop mechanics. They established that Mrs. Dickerson’s car had a slight buckling of the left rear quarter panel, a slightly crooked bumper reinforcement and some minor frame misalignment, all consistent with a gentle rear-end collision. One of the mechanics, John Justice, also discovered buckling of the right rear quarter panel, but because this buckling was rusty, he attributed it to an old accident. Both Mrs. Dickerson and her husband insisted the car had never been in any prior accident. Mrs. Dickerson complained that these damages made the ear difficult to drive, but Mr. Justice and another mechanic, Mr. East, testified that these minor damages should not have been noticeable.

One other witness to the accident, Mr. Elias, was standing in the Brookshire’s parking lot on the southwest comer of the intersection. Because he was putting groceries in a car, his head was down and he did not see the collision, but he testified that he heard a screech of brakes and one loud crash. He looked up and saw the two trucks touching and the Thunderbird some three or four feet in front of the first truck. He was quite sure he had heard only one crash, despite Mrs. Dickerson’s unremitting claim that she had been hit twice. Similarly, Officer Douglas seemed unconvinced that there had been more than one collision, but he wrote Mrs. Dickerson’s claims into the accident report because she was so adamant about it at the scene.

Mrs. Dickerson began the litigation by suing her UM carrier, Vallery and his insurer, Jordan and his insurer, and the City of Monroe, Jordan’s employer. Mr. Dickerson was later added as a plaintiff, claiming loss of consortium. There were numerous cross claims and reconventional demands. Mrs. Dickerson’s daughter, Mrs. Petty, filed a separate suit for her son’s injuries. The suits were consolidated for trial. However, before trial, all claims were settled with the exception of the Dickersons’ demand against the city of Monroe. Trial was conducted with the stipulation that Jordan had been acting in the course and scope of his employment when the accident occurred. The only issue was whether Jordan’s negligence contributed to the Dicker-sons’ injuries.

The trial court issued detailed and well considered reasons for judgment. It noted the inconsistencies in the testimony, stating that even though Mrs. Dickerson was not pursuing a fraudulent claim, she was in error in relating her impression of what happened. The court found that Mrs. Dickerson was indeed struck by Vallery. It also found that Vallery was struck by Jordan. The court further found, however, that the crash between Jordan and Vallery did not push Vallery forward.

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Related

Webb v. Jordan
540 So. 2d 977 (Louisiana Court of Appeal, 1989)

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Bluebook (online)
514 So. 2d 719, 1987 La. App. LEXIS 10526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickerson-v-jordan-lactapp-1987.