Graves v. Page

688 So. 2d 1061, 95 La.App. 3 Cir. 1571, 1996 La. App. LEXIS 1481, 1996 WL 426563
CourtLouisiana Court of Appeal
DecidedJuly 31, 1996
DocketNo. 95-1571
StatusPublished

This text of 688 So. 2d 1061 (Graves v. Page) 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
Graves v. Page, 688 So. 2d 1061, 95 La.App. 3 Cir. 1571, 1996 La. App. LEXIS 1481, 1996 WL 426563 (La. Ct. App. 1996).

Opinions

l iGREMILLION, Judge.

The defendant, the State of Louisiana, Department of Transportation and Development (DOTD), appeals a judgment by the trial court finding it 10% at fault in causing the plaintiff, Floyd Graves, damages resulting from a two vehicle accident on Louisiana Highway 117, and holding DOTD 50% in solido with the driver of the other vehicle, Leslie Leon Page (who was found 90% at fault), for the $1,319,161.33 in damages awarded to Graves. After reviewing the record, we find no manifest error in the trial court’s decision and affirm.

FACTS

At approximately 5:50 p.m., September 7, 1991, Graves was driving his 1989 Ford pickup truck north on Louisiana Highway 117. Graves was on his way from Provencal to Robeline to watch his son play in the championship round of a charity softball tournament. A light rain was falling, making the asphalt surface ofjjthe roadway dangerously slick. At the same time, two Natchitoches Parish Sheriffs officers were pursuing Page south on Louisiana Highway 117 towards Provencal. Narcotics Detective Greg Dunn was approximately one to two car lengths behind Page and Civil Defense Deputy Shelby Borders was about the same distance behind Detective Dunn. Both officers had activated their sirens and emergency flashing lights before turning off of Louisiana Highway 6 onto Louisiana Highway 117. Detective Dunn stated that on several occasions, while following Page, he moved his vehicle to the left in an attempt to attract Page’s attention and encourage him to pull over. Both officers stated that Page ignored the lights and sirens throughout their pursuit.

As the three cars approached the Howard Hall curve where the accident took place, Detective Dunn estimated Page’s speed at 65 to 70 nadies per hour. The curve had a posted advisory speed of 35 miles per hour. Both officers testified that Page’s vehicle was swerving back and forth on the highway and that moments before the accident Page almost hit a bridge railing. Detective Dunn testified that, as they approached the curve, he “backed off’ allowing the distance between his vehicle and Page’s to widen to three or four car lengths. He stated that as Page entered the curve, his vehicle’s right wheels, both front and rear, drifted off the surface of the road and onto the shoulder. Detective Dunn recounted that as Page attempted to regain the road’s surface, he apparently over corrected and lost control of his vehicle. Page’s vehicle started to travel toward the northbound shoulder of the highway and, at the same time, began a counterclockwise spinning motion. According to Detective Dunn, he observed the collision between the Page and Graves vehicles seconds later. Detective Dunn stated that the impact took place in Graves’ lane of travel, but the momentum of the impact carried both vehicles onto and across the northbound jyjshoulder of the highway.

After the accident, it was determined that Page had a blood alcohol level of 0.29%, almost three times the level of 0.10% at which one is considered guilty of operating a vehicle while intoxicated under La.R.S. 14:98. Detective Dunn, the only disinterested party to actually witness the accident, opined that the accident was caused by Page’s drunkenness, his excessive speed, and the slippery condition of the road. Detective Dunn fur[1064]*1064ther testified that when he first observed Graves’ vehicle it was proceeding north in its proper lane of travel. He stated that Page had already lost control of his vehicle at that time and that the impact between the two vehicles occurred almost immediately thereafter.

Graves testified that he first heard the siren as he approached the three curves in Louisiana Highway 117. He had already started to brake for the curves, slowing down to about 40 miles per hour, so he took no further action to adjust his speed. In an attempt to locate the source of the siren, and since he saw nothing coming towards him due to the brush growing inside the curve, Graves looked in his rearview mirror. He saw nothing. When he returned his vision to the front, he immediately saw a brown vehicle, 70 to 80 feet away, coming directly towards him. The vehicle was still in its lane of travel, but was pointed towards him as it spun out of control. When he saw the vehicle coming towards him, Graves jerked his truck to the right, however, the impact occurred in his lane of travel. Graves testified that from the time he saw Page’s vehicle until the point of impact, 1 to 1½ seconds passed. He further stated that had the brush been cleared inside the curve, he would have had a better view of the highway ahead of him and would have seen Page’s vehicle sooner.

HTrooper Stephen Rachal was one of two investigating officers for the Louisiana State Police (the other trooper did not testify). Trooper Rachal stated that tire marks on the shoulder of the southbound lane indicated that just prior to the accident approximately one-half of Page’s vehicle left the roadway, traveled for a short distance on the shoulder, and then came back “onto the road and went across into the northbound lane” where the collision occurred. Further, Trooper Rachal testified that Graves’ vehicle traveled about 25 feet after it was struck by Page’s vehicle. The truck continued its northward direction of travel, but due to the force of the collision and Graves’ attempted evasive action, it veered to its right, penetrated some brush and small trees, and came to rest against the bottom of the embankment on the right hand side of the northbound lane of travel. Trooper Rachal indicated that he could find no skid marks at the scene. He stated that the estimated 65 to 70 miles per hour listed in his report, the speed of Page’s vehicle at impact, was based upon figures provided by the pursuing officers.

LAW

A court of appeal may not set aside a trial court’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.” Rosell v. ESCO, 549 So.2d 840 (La.1989); Stobart v. State Through DOTD, 617 So.2d 880 (La.1993). The appellate court must determine not whether the trier of fact was right or wrong, but whether the factfin-der’s conclusion was a reasonable one, after reviewing the record in its entirety. Mart v. Hill, 505 So.2d 1120 (La.1987). “The reviewing court must give great weight to the factual conclusions of the trier of fact; where there is a 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.” Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973). This standard of review also applies to credibility determinations of expert witnesses. Lirette v. State Farm Ins. Co., 563 So.2d 850 (La.1990); Richard v. Dupuis, 94-215 (La.App. 3 Cir. 11/23/94), 649 So.2d 718, writ denied, 94-3009 (La. 2/9/95), 650 So.2d 245.

In its reasons for judgment, the trial court set out the theory of the case as follows:

It is the contention of the plaintiff that had the brush been cleared in that eastern ditch, which was on his right, he would have been able to see farther around this right hand curve and would have had more time to have taken evasive action to have avoided the oncoming Page vehicle. It is the contention of the defense that the existence of a high ditch bank would have limited the plaintiffs view regardless of whether or not the trees and brush were cleared. Additionally, the defense contends that the plaintiff was not watching the road in front of him and therefore [1065]

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Bluebook (online)
688 So. 2d 1061, 95 La.App. 3 Cir. 1571, 1996 La. App. LEXIS 1481, 1996 WL 426563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-page-lactapp-1996.