Eaglin v. State Farm Insurance Co.

489 So. 2d 464, 1986 La. App. LEXIS 7032
CourtLouisiana Court of Appeal
DecidedMay 22, 1986
DocketNo. 85-78
StatusPublished
Cited by2 cases

This text of 489 So. 2d 464 (Eaglin v. State Farm Insurance 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
Eaglin v. State Farm Insurance Co., 489 So. 2d 464, 1986 La. App. LEXIS 7032 (La. Ct. App. 1986).

Opinion

THOMAS C. WICKER, Jr., Judge Pro Tern.

This appeal arises from a judgment in favor of plaintiff, Barbara Eaglin and against defendants, Charles George and his insurer State Farm Mutual Automobile Insurance Co., for personal injuries suffered by Mrs. Eaglin in a two car collision. Mr. George was found solely negligent in the accident and the trial court awarded Mrs. Eaglin a total award of $5,781.00 as com[465]*465pensation for her injuries, including $781.00 for special damages. We affirm.

On March 4, 1983, at approximately 6:00 p.m., Mrs. Eaglin’s vehicle collided with Mr. George’s truck as he attempted to cross an intersection. The accident occurred as Mrs. Eaglin was driving eastward on the inside lane of E. Broad Street, which is a favored four lane thoroughfare intersecting with the South exit ramp of Interstate 1-210. A stop sign was placed at the intersection to control traffic exiting from the interstate. Immediately prior to the collision Mr. George approached E. Broad St. from the interstate and stopped his car at the stop sign. After looking in both directions for on-coming traffic, he then proceeded into the intersection with the intent of turning left, or westward. Before he could fully complete the maneuver, his truck was struck on the driver’s side by Mrs. Eaglin’s car. Mrs. Eaglin’s car was extensively damaged and she received injuries to her mouth, neck, arms, right leg and left knee.

Subsequently, Mrs. Eaglin filed suit against Mr. George and his insurer, State Farm, to recover compensation for her injuries. Following trial of this matter the judge rendered a judgment in her favor.

In the appeal to this court Mr. George asserts that the trial judge erred in finding him at fault, in that he failed to consider the testimony of the only eyewitness to the accident; that the trial judge failed to apply the doctrine of comparative negligence; and that the trial judge awarded Mrs. Eag-lin an excessive amount for her injuries.

With regard to the allegation that the trial judge failed to give sufficient weight to the testimony of Cecil Shrews-berry, whose automobile was behind Mr. George when the accident occurred, it is contended that his testimony contradicts Mrs. Eaglin’s claims that the area was well lit, and that her headlights were turned on because of the weather conditions when the collision occurred.

In reviewing factual findings of the trial court when the testimony is conflicting, the appellate court will not disturb the fact finder’s reasonable assessment of the credibility of witnesses, nor will the reviewing court disturb the factual findings in the absence of manifest error. Canter v. Koehring, 283 So.2d 716 (La.1973). In evaluating testimony, the trial court is in the best position to weigh the testimony of conflicting witnesses, since it is able to observe first-hand, the demeanor of the witnesses. As the matter of credibility is within the province of the trial court, the fact finder is entitled to accept the plaintiff’s version of events over that of the defendant. Boyett v. Ingram, 419 So.2d 988 (La.App. 5th Cir.1982).

The facts, herein, show that the accident occurred on a rainy evening at approximately 6:00 p.m. Mrs. Eaglin stated that her headlights were on because of the weather conditions, although it was not totally dark. She testified, as did her husband who arrived on the scene shortly after the accident, that the area received some illumination from various businesses located along the highway. Mr. George, the investigating officer and Mr. Cecil Shrews-berry stated conversely that when the accident occurred, it was dark due to the weather and the time of day.

Mr. Shrewsberry, Mr. George’s eyewitness, testified that he was traveling directly behind Mr. George, that he saw Mr. George stop at the intersection, and that he watched as Mrs. Eaglin’s car struck Mr. George’s truck. Both he and Mr. George asserted that Mrs. Eaglin’s lights were not on when the collision occurred. Because of this omission, Mr. George stated that he did not see Mrs. Eaglin before the actual collision.

In reviewing Mr. Shrewsberry’s testimony we find that he also admitted that his view of the traffic flowing from Mrs. Eag-lin’s direction of travel was severely impaired. He informed the court that his view would only have been unimpeded when he stopped at the stop sign. This testimony, coupled with his admission that he did not see Mrs. Eaglin’s car until the impact, diminishes the assertion that Mrs. [466]*466Eaglin’s lights were not on, which fact, Mr. George argues, is the contributing or sole cause of the accident. The trial judge, in reasons for judgment chose to believe Mrs. Eaglin’s version and concluded that Mrs. Eaglin’s lights were on despite Mr. Shrews-berry’s testimony. We find that the trial court was not manifestly erroneous in this conclusion considering the testimony.

The second issue presented by Mr. George is that the trial judge erred in failing to apply comparative negligence. In support of this assertion he argues that the facts show that Mrs. Eaglin was traveling at an excessive rate of speed for the weather conditions.

L.S.A.-R.S. 32:123 provides, in pertinent part, that:

B) ... every driver and operator of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering ... After having stopped, the driver shall yield the right of way to all vehicles ... which are approaching so closely on said highway as to constitute an immediate hazard.

In making a determination of fault in intersection collisions controlled by a stop sign, the jurisprudence holds that the motorist crossing an intersection must not only stop in obedience to the stop sign, but must only proceed when it is safe to do so. Ageous v. Allstate Ins. Co., 442 So.2d 812 (La.App. 4th Cir.1983). The duty to proceed safely from a stop sign mandates that the motorist see what he should have seen with the exercise of due diligence. Audubon Insurance Co. v. Knoten, 325 So.2d 624 (La.App. 4th Cir.1976); Baach v. Clark, 442 So.2d 514 (La.App. 5th Cir.1983), writ denied 447 So.2d 1067 (La.1984). More definitively, he is required to see a vehicle which is traveling on a favored street as it approaches his position. Tillman v. Massey, 445 So.2d 749 (La.App. 4th Cir.1984), writ denied 446 So.2d 743 (La.1984).

Mrs. Eaglin testified that she was traveling at approximately 30-35 miles per hour and that the street was wet since it had been raining periodically all day. She stated that she was in the lane of travel farthest from the stop sign located at the interstate exit when the accident occurred. Mrs. Eaglin claimed that when she reached the intersection, Mr. George’s truck “shot out” in front of her so quickly that she first saw him only seconds before she struck his vehicle. She also related that her vision on approaching the intersection was at least one and a half miles, and that she did not see his vehicle stopped at the intersection. Contrary to the testimony of Mr. George, Mrs. Eaglin asserted that Mr. George’s headlights were not turned on when he crossed her path of travel.

In concluding that Mr. George was solely at fault in the accident, the trial judge correctly noted that Mrs. Eaglin’s statement that the accident occurred so suddenly that she was unable to prevent or avoid the collision, was consistent with the testimony of Mr. George and the eyewitness. In addition, Mr.

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Bluebook (online)
489 So. 2d 464, 1986 La. App. LEXIS 7032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaglin-v-state-farm-insurance-co-lactapp-1986.