Fontenot v. Louisiana Department of Transportation & Development

548 So. 2d 950, 1989 WL 103582
CourtLouisiana Court of Appeal
DecidedSeptember 1, 1989
DocketNo. 88-554
StatusPublished

This text of 548 So. 2d 950 (Fontenot v. Louisiana Department of Transportation & Development) 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
Fontenot v. Louisiana Department of Transportation & Development, 548 So. 2d 950, 1989 WL 103582 (La. Ct. App. 1989).

Opinion

DOUCET, Judge.

This case arises out of an automobile collision at an intersection controlled by traffic signal lights owned and maintained by the Louisiana Department of Transportation and Development. The trial court found that the sole cause of the accident was the malfunctioning of the. traffic signal lights and awarded plaintiffs a total of $106,214.40 in damages. From this adverse judgment the Department of Transportation and Development appealed. We affirm.

FACTS

On May 14, 1983, a two-vehicle collision occurred at the intersection of West Main Street and Dupre Street in Ville Platte, Louisiana. Immediately prior to the collision, Grace Fontenot, plaintiff, was driving her vehicle north on Dupre Street approaching the intersection. Also immediately prior to the collision, David Guillory, defendant, was driving his vehicle east on West Main Street approaching the intersection. The two vehicles collided at the intersection. The intersection was controlled by traffic signal lights owned and maintained by the Louisiana Department of Transportation and Development (hereinafter referred to as the DOTD). The drivers of both vehicles claimed to have had a green light in their favor as they entered the intersection.

Grace Fontenot was injured in the accident and collected $29,405.74 from her insurer, Allstate Insurance Company. Grace Fontenot and her husband, Yves Joseph Fontenot, sued the DOTD and David Guil-lory for damages on alternative theories of liability. The suit against the DOTD was based on the theory that the traffic lights at the intersection were malfunctioning at the time of the collision. The alternative suit against David Guillory was based on the theory that if the traffic lights were functioning properly at the time of the accident, Guillory must have run a red light. Allstate Insurance Company filed a subrogation suit against the DOTD and Guillory based on the same alternative theories of liability. The two suits were consolidated for trial.

At the trial of the suit on June 29, 1987, several stipulations were entered into by and between the parties: (1) That Allstate Insurance Company had paid to Grace Fon-tenot under its policy of insurance $12,-905.74 under the medical pay provisions of the policy and $16,500.00 in settlement of all claims Mrs. Fontenot had under the uninsured motorist provisions of the policy; (2) That Allstate was subrogated to the rights of Mrs. Fontenot; and (3) That at the time of the accident David Guillory had no automobile liability insurance.

After trial on the merits, the trial court issued Reasons for Judgment on August 21, 1987, finding that the accident was caused solely by the malfunctioning of the traffic signal lights and, therefore, finding the DOTD liable. The trial court found that plaintiff Yves Joseph Fontenot was entitled to $1,808.66 for damages to his vehicle, which was being driven by Mrs. Fontenot at the time of the accident. The trial court found that plaintiff, Grace Fon-tenot, was entitled to $29,405.74 in special damages and $75,000.00 in general damages. The trial court also found that Allstate Insurance Company was entitled to $29,405.74 under its subrogation agreement. A judgment in accordance with these reasons was signed on November 9, 1987.

A motion for a new trial was filed by the DOTD and this motion was denied by the trial court. The DOTD then filed a suspen-sive appeal asserting two assignments of error. Plaintiffs answered this appeal requesting that the judgment of the trial court be affirmed and that the DOTD be cast for all costs of this appeal.

ASSIGNMENT OF ERROR NO. 1

By this assignment of error the DOTD asserts that the trial court’s finding that plaintiffs had met their burden of proof that the traffic signal lights were malfunctioning was contrary to the law and the evidence, and, thus, manifestly erroneous. The DOTD asserts that the record does not support the trial court’s finding that plaintiffs proved by a preponderance of the evidence that the traffic signal lights [952]*952were malfunctioning at the time of the accident. We disagree.

In Canter v. Koehring Company, 283 So.2d 716 (La.1973), the Louisiana Supreme Court set forth the proper standard for appellate review of facts as follows:

“When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error. Stated another way, the reviewing court must give great weight to factual conclusions of the trier of fact; 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. The reason for this well-settled principle of review is based not only upon the trial court’s better capacity to evaluate live witnesses (as compared with the appellate court’s access only to a cold record), but also upon the proper allocation of trial and appellate functions between the respective courts.” 283 So.2d at page 724.

The DOTD concedes in its appellate brief that it “has no reason to doubt” Grace Fontenot’s testimony that she entered the intersection under a green light. Therefore, the factual finding that it is seeking to reverse is that the light was also green for the Guillory vehicle. The DOTD contends that “the testimony of depositions established with certainty that the absent defendant, David Guillory, ran a red light.” The DOTD then states that this “certainty” is based upon the eyewitness testimony of Kim Fusilier, who was in the parking lot of a convenience store where she worked on the northwest corner of the intersection at the time of the collision. We find no such “certainty” in either Ms. Fusilier’s testimony at trial or her deposition.

At trial, Ms. Fusilier testified that she saw both the Fontenot vehicle and the Guil-lory vehicle stopped at the intersection in question. She stated that she saw the light facing Dupre Street turn green and that at that time both vehicles started forward and collided. She further stated that she could also see the light facing West Main Street and that the red light was burned out or not working at the time. She testified, without objection, that she had heard people say prior to the accident that the red light was burned out or not working properly. She also testified, without objection, that after the accident, she heard both Mrs. Fontenot and Mr. Guillory say that the light facing them was green as they entered the intersection. Ms. Fusilier testified that immediately after the collision she looked up at the traffic lights and that the light facing the Guillory vehicle was green. She also testified that the light facing West Main Street (and the Guillory vehicle) would sometimes go on when it was supposed to and sometimes it would not do so. She stated that she was certain that at the time of the accident the light was not functioning properly, and that this was her sworn testimony. She then stated that she had been confused during a deposition taken on June 10, 1985, in which she made inconsistent and contradictory statements.

A transcript of the deposition of Kim Fusilier taken on June 10, 1985, was introduced into evidence for purposes of impeachment. During that deposition, Ms.

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Related

Canter v. Koehring Company
283 So. 2d 716 (Supreme Court of Louisiana, 1973)

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Bluebook (online)
548 So. 2d 950, 1989 WL 103582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fontenot-v-louisiana-department-of-transportation-development-lactapp-1989.