Easter v. Direct Ins. Co.

957 So. 2d 323, 2007 WL 1345201
CourtLouisiana Court of Appeal
DecidedMay 9, 2007
Docket42,178-CA, 42,179-CA
StatusPublished
Cited by17 cases

This text of 957 So. 2d 323 (Easter v. Direct 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
Easter v. Direct Ins. Co., 957 So. 2d 323, 2007 WL 1345201 (La. Ct. App. 2007).

Opinion

957 So.2d 323 (2007)

Alfreda EASTER, et al., Plaintiffs-Appellees
v.
DIRECT INSURANCE COMPANY, et al., Defendants-Appellants.
Shirley Brown, Plaintiff-Appellant
v.
ACE American Insurance Kenneth Gaines and Flowers Bakers, Defendants-Appellees.

Nos. 42,178-CA, 42,179-CA.

Court of Appeal of Louisiana, Second Circuit.

May 9, 2007.

*324 Hudson, Potts & Bernstein, by Jay P. Adams, Monroe, for Appellant, Direct Insurance Company.

Smith & John, by Richard M. John, Shreveport, for Appellant, Shirley Brown.

Norman Gordon & Associates, by W. Brett Cain, Shreveport, for Appellees, Alfreda Easter, et al.

Lunn, Irion, Salley, Carlisle, by James B. Gardner, Shreveport, for Appellees, Kenneth Gaines, Flowers Baking of Tyler, L.L.C. and Ace American Insurance Company.

Before WILLIAMS, GASKINS and DREW, JJ.

GASKINS, J.

In this auto accident case, plaintiff Shirley Brown appeals from a judgment dismissing her lawsuit against Flowers *325 Bakery, et al. For the following reasons, we affirm the trial court judgment.

FACTS

These consolidated lawsuits arose after an August 23, 2004, car accident on north-bound Interstate 49 in Shreveport, just south of the Interstate 20 interchange. A Honda Accord driven by Ms. Brown was struck from behind by a bread truck driven by Kenneth Gaines. Alleging that she was injured, Ms. Brown sued Mr. Gaines, his employer, Flowers Bakery (Flowers), and its insurer, Ace American Insurance Company (Ace). Ms. Brown's passengers, Alfreda Easter, Golda Easter, and Golda's minor child, Kerivien Patterson, also alleged that they were injured. The passengers sued Mr. Gaines, Flowers and Ace, and also sued Ms. Brown and her insurer, Direct Insurance Company (Direct).[1] Ms. Brown's passengers later settled their claims against all parties. Ms. Brown went to trial alone against Mr. Gaines, Flowers and Ace.

Drawings of the location of the crash were introduced into evidence. These exhibits show that Interstate 49 is four lanes wide just before it splits into five lanes, three going left into the downtown area and two veering to the right toward the I-20 ramps, east and west bound.

Ms. Brown, who was from Arkansas and admitted that she was not familiar with the I-49 / I-20 interchange, said that she first thought that she needed to be in the left-hand lane of I-49 to exit to I-20 westbound. She testified:

I had just left King's Highway entering I-49 north. I was going to enter the I-20 towards Dallas area. I was going to exit off on Jewella, but as I was coming I entered to the — next to the last lane on the lefthand side of the driver's side. I was driving that area when a passenger told me that I need to get over one lane. So I turned my signal light on [and] proceeded to get over to the next lane and I saw that the traffic was pretty close. It was a car turning. They had their signal light on right to move over so I could make that turn. So after I saw that the area was, you know, cleared enough so I can make that turn I made my turn into the next lane and I proceed (sic) driving down that area.
. . . .
After I made that lane change my front passenger Alfreda Easter she told me she said `You see that car over there in the median?' I said `Yes.' I seen it, it's just sitting there and then it made a brake like the driver hit their brakes real hard and the car moved. . . .
At that point when the vehicle hit its brakes, I hit mine to let the traffic behind me realize that something was going on up in front of us and so I proceeded slowing down and then the car it was, you know, after it had made a brake I said `well, it's a truck behind me it's coming up pretty fast.' They say, `well, don't worry about the truck long as you hit your brakes let them know something was going on up here he should slow down.'
And so we drove on a little bit further and the car made another brake and so I hit my brakes and slowed down further. Then after that I was hit. . . .

Mr. Gaines had a sharply different version of the events. He testified that he was driving his bread truck in the lane of I-49 that veers toward I-20 westbound. He first saw Ms. Brown's car in the far *326 left-hand lane of I-49. Mr. Gaines did not see Ms. Brown signal before she changed lanes to cross I-49, pulling in front of him. Mr. Gaines said that he hit his brakes, but was unable to avoid running into Ms. Brown. He said that he was not speeding prior to the accident.

Donald Cornett was driving himself and his wife Patricia in a vehicle traveling behind Mr. Gaines on I-49 and witnessed the accident. Mr. Cornett, who was driving the same speed as Mr. Gaines, said that he first saw Ms. Brown's car in the far left lane of I-49. He testified that he did not see Ms. Brown put on a turn signal:

I saw her cut in front of the truck. He locked his brakes up. Then I saw [Ms. Brown] go right underneath his truck in the front end and then I seen his truck up on one side then the other. Scared the hell out of me. I thought he was going — I thought I was going to have him on my truck because he locked them up so fast and I locked them up and we were all — it was the grace of God that he didn't lay that thing over right then.

He said that the brake lights on the bread truck came on immediately when Ms. Brown pulled in front of Mr. Gaines. He also stated that Mr. Gaines' truck swerved out of its lane at one point while Mr. Gaines was trying to avoid Ms. Brown's car. Mr. Cornett, who is color blind, described Ms. Brown's car, which is a dark green Honda, as dark red and like a Ford Escort.

Patricia Cornett also testified that Ms. Brown was in the far left lane of I-49 when she first saw the plaintiff. She testified that the first thing she noted was:

Seeing [Ms. Brown] cut over. There was a truck along side her that she almost — it was going straight. He kept going straight and had to put his brakes on. She cut over and then I saw the guy in the Flower truck — bread truck in front of us slam on his brakes and then we slammed our brakes on when we seen that.
. . . .
He almost flipped in front of us. He was going side to side putting his brakes on trying to avoid hitting her and then he had no choice but to straighten it out and to hit her because the way that she cut him off and we had to slam our brakes on. We almost hit him. We had to slam our brakes on.

She agreed that Mr. Gaines' truck swerved from side to side for about 30 to 40 seconds and traveled 300 or 400 feet prior to the impact.

The Cornetts' testimony conflicted in numerous respects. Mr. Cornett testified that he was driving their Mercury automobile, whereas Ms. Cornett remembered being in the couple's Suburban. Mr. Cornett stated they had just left a shop where he had gotten a knee brace; Ms. Cornett testified that they had been at a tool shop. They also differed in their recollection of whether and how long they remained at the scene after the accident and where they were going at the time this event occurred.

After the hearing was completed, the trial court concluded that Ms. Brown was entirely at fault for the accident. The judge observed:

I'm sorry to tell you this in court, Ms. Brown, but I did not find you to be a credible witness. Your version of what happened here absolutely makes no sense. Nobody else saw this blinker.

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Cite This Page — Counsel Stack

Bluebook (online)
957 So. 2d 323, 2007 WL 1345201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easter-v-direct-ins-co-lactapp-2007.