Fontenot v. Patterson Insurance

23 So. 3d 259, 2009 La. LEXIS 3697, 2009 WL 3353549
Supreme Court of Louisiana·Decided December 11, 2009·No. 2009-C-0669·Published·Cited by 65 cases

Opinions

GUIDRY, Justice.*

| , Upon initial consideration, this Court remanded the matter to the court of appeal for review of the jury’s decision under the manifest error standard.1 We have again granted certiorari in this case to address the narrow issue of whether the court of appeal, on remand, applied the proper standard of review to amend the jury’s findings as to liability and the allocation of fault. Based on our detailed review of the record, we find the appellate court erred in substituting its judgment for that of the jury, rather than determining the jury’s factual findings were reasonable. For the treasons that follow, we reverse the judgment of the court of appeal and reinstate the jury’s verdict relative to liability and the allocation of fault.

FACTS

In March 2001, shortly after 11:00 p.m., Randy Fontenot, while operating a police cruiser in his capacity as an officer for the Lafayette City-Parish Consolidated Government (hereafter, “LCG”), was involved in a collision with a vehicle driven by Ger-maine Brooks. As a result of the accident, Mr. Fontenot was seriously injured. While Mr. Brooks sustained injuries, his passenger, Charlotte Phillips, died as a result of being ejected from his vehicle.

The incident took place at the intersection of Main and Morgan Streets in Brous-sard, Louisiana. Both streets are two-way roads with no physical separation between the lanes, and each had a posted speed limit of thirty-five miles per hour. Mr. Fontenot was traveling east on Main Street in the direction of Morgan Street. Mr. Brooks was operating his vehicle in á southerly direction on Morgan Street. At the time of the accident, the traffic signal regulating the flow of travel at the intersection was in a flashing sequence.2 A flashing yellow light controlled Mr. Fonte-not’s travel on Main Street, the major artery. Mr. Brooks was subject to a flashing red light regulating the traffic on Morgan Street.

There were no eyewitnesses to the accident. Uncontested documentary evidence and witness testimony presented at trial indicated Mr. Brooks was traveling between eighteen and twenty-six miles per hour, and Mr. Fontenot was traveling at fifty-six miles per hour. The police report prepared in connection with the incident indicates the front of Mr. Fontenot’s vehi-[264] ele made impact at the front passenger side |3of Mr. Brooks’s vehicle, causing the latter vehicle to spin completely around counter clockwise and both vehicles to skid a considerable distance after striking each other. Mr. Brooks advised the investigating officer at the accident scene that he had come to a complete stop at the intersection, and that he proceeded after not seeing any approaching vehicles.

PROCEDURAL HISTORY

THE PETITIONS FOR DAMAGES

Two lawsuits were instituted as a result of the accident. As to the first, Mr. Fonte-not and his wife, Susanne Fontenot, filed a tort action3 seeking damages against Mr. Brooks and his insurance carrier, Patterson Insurance Company (hereafter, “Patterson Insurance”), asserting Mr. Brooks’s negligent operation of his vehicle in failing to stop at the red light and/or proceeding into the intersection in the path of Mr. Fontenot’s vehicle resulted in their damages. In a supplemental and amending petition, the Fontenots named as an additional defendant, among others,4 the State of Louisiana, through the Department of Transportation and Development (hereafter, “DOTD”). They alleged the intersection was unreasonably dangerous due to an inappropriate traffic signal and insufficient street markings. LCG filed a third party demand and intervention against each of the named defendants seeking reimbursement of workers’ compensation benefits paid to Mr. Fontenot. Following the insolvency of Patterson Insurance, the Louisiana Insurance Guaranty Association 14(hereafter, “LIGA”) was substituted in its place as a defendant. See La. R.S. 22:1375, et seq.

The second suit was filed against Mr. Fontenot and LCG by Mr. Brooks and Leona Phillips, Charlotte’s mother, seeking personal injury and wrongful death damages, respectively. The parties alleged Mr. Fontenot’s negligent operation of his police vehicle, stemming from his excessive speed and failure to keep a proper look out, caused the accident. LCG filed a reconventional demand against Mr. Brooks and his insurer seeking monetary recovery for damages to its police vehicle and worker’s compensation benefits paid to Mr. Fontenot. LCG also filed a third party demand against the DOTD, which prompted Mr. Brooks and Ms. Phillips to file an amending petition adding the DOTD as a defendant, citing the defectiveness of the intersection.

THE TRIAL COURT

The trial court consolidated the two suits. By the time the matter proceeded to a jury trial, the only remaining claims were those the Fontenots and LCG (hereafter collectively, “the plaintiffs”), had pending against the DOTD, Mr. Brooks, and LIGA.5 At the four-day trial, in addi[265] tion to submitting considerable medical evidence, the parties presented documentary evidence and extensive expert testimony in the fields of accident reconstruction, traffic control, and highway design. As to the lay testimony, the essential testimony relative to the issue of liability was the testimony of the police officer that investigated the accident and prepared the incident report.6

|sThe nature of the evidence introduced to the jury by the plaintiffs and the DOTD supported their claims that Mr. Brooks neglected to stop at the flashing red light upon reaching the intersection and, even if he did properly stop, he did not look for approaching traffic prior to proceeding forward. The DOTD, Mr. Brooks, and LIGA presented evidence supporting their allegations that Mr. Fontenot’s negligent operation of his police cruiser resulted in his injuries, citing his excessive speed and failure to exercise caution when proceeding into the intersection.

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Fontenot v. Patterson Insurance, 23 So. 3d 259, 2009 La. LEXIS 3697, 2009 WL 3353549 (La. 2009).

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