Green v. Nunley

963 So. 2d 486, 2007 WL 2318062
CourtLouisiana Court of Appeal
DecidedAugust 15, 2007
Docket42,343-CA, 42,344-CA
StatusPublished
Cited by17 cases

This text of 963 So. 2d 486 (Green v. Nunley) 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
Green v. Nunley, 963 So. 2d 486, 2007 WL 2318062 (La. Ct. App. 2007).

Opinion

963 So.2d 486 (2007)

Richard GREEN, individually and as Administrator for his minor children, Carlin Seth Green and Steven Chase Green, Plaintiff-Appellee,
v.
Rodney Lyle NUNLEY and State Farm Mutual Automobile Insurance Company, Defendants-Appellants.
Lynn Green, Plaintiff-Appellee,
v.
Rodney Lyle Nunley, and State Farm Mutual Automobile Insurance Company, Defendants-Appellants.

Nos. 42,343-CA, 42,344-CA.

Court of Appeal of Louisiana, Second Circuit.

August 15, 2007.

*488 Kitchens, Benton, Kitchens & Black by Graydon K. Kitchens III, Minden, for Appellants Rodney Lyle Nunley and State Farm Mutual Automobile Insurance Company.

Chris J. Roy, Jr., Alexandria, for Appellee Richard Green.

Robert Lawrence Beck, Jr., Alexandria, for Appellee Lynn Green.

Before GASKINS, DREW and LOLLEY, JJ.

DREW, J.

Richard Nunley and his liability insurer, State Farm Mutual Automobile Insurance Company, appeal the finding of liability and award of damages in this personal injury action arising from a vehicular accident. We affirm.

FACTS

On the morning of September 8, 2003, Lynn Green was driving her sons, Steven Chase Green ("Chase") and Carlin Seth Green ("Seth"), in her white 1987 Chevrolet pickup truck from Castor to a pediatrician's office in Shreveport. Mrs. Green was proceeding northbound along a stretch of Highway 71, which is a four-lane road divided by a median and which is known as Barksdale Blvd. Jimmie Davis Highway ("Jimmie Davis") forms a T-type intersection with Highway 71, and at that intersection, there is a third lane on Highway 71 by which northbound motorists can make left turns onto Jimmie Davis. As Mrs. Green approached the intersection, her vehicle entered the turn lane in order to make a left turn onto Jimmie Davis.

At the same time, Rodney Nunley, who delivered bread as an independent contractor for a bakery, was driving his bread truck southbound in the outside lane on Highway 71. His truck collided with Nunley's *489 truck as she attempted to make her left turn. The left front of Nunley's truck struck the right front fender wall on the passenger side of Mrs. Green's truck and then behind the passenger door. The collision caused Mrs. Green's truck to spin around, so that her truck ended up facing southeast.

Richard Green, Mrs. Green's husband, filed suit on behalf of his sons, Chase and Seth, against Nunley and his insurer State Farm. Mrs. Green filed a separate suit on her own behalf against the same defendants. The two lawsuits were consolidated.

Following a bench trial on the merits, the trial court rendered judgment in favor of plaintiffs. The court concluded that Mrs. Green turned with a green arrow and found that Nunley was solely at fault for causing the accident. Mrs. Green was awarded general damages of $25,000.00, medical expenses of $3,028.24, and $1,325.00 for the damages to her vehicle. Mr. Green, on behalf of Chase, was awarded $10,000.00 in general damages and $7,439.34 in medical expenses. Mr. Green, on behalf of Seth, was awarded $5,000.00 in general damages, $4,493.71 in past medical expenses, and $1,000.00 in future medical expenses. Defendants have appealed.

DISCUSSION — LIABILITY

Defendants argue on appeal that the trial court erred in finding that Mrs. Green satisfied her burden of proof on the issue of liability. They contend that most of the fault for the accident, if not all of it, should have been assigned to Mrs. Green.

An appellate court may not set aside a trial court's finding of fact in the absence of manifest error or unless it is clearly wrong, and where two permissible views of the evidence exist, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Cole v. State, Department of Public Safety & Corrections, 2001-2123 (La.9/4/02), 825 So.2d 1134; Stobart v. State through Dept. of Transp. and Development, 617 So.2d 880 (La.1993). Even though an appellate court may feel its own evaluations and inferences are more reasonable than the fact finder's, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony. Cole, supra; Rosell v. ESCO, 549 So.2d 840 (La.1989). To reverse a fact finder's determination, the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly wrong. Stobart, supra.

When findings are based on determinations regarding the credibility of witnesses, the manifest error-clearly wrong standard demands great deference to the trier of fact's findings. Rosell, supra.

Defendants urge the application of La. R.S. 32:104(A), which provides:

No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in R.S. 32:101, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.

In its reasons for judgment, the trial court referred to La. R.S. 32:232(1)(b), which states:

Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by *490 other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

Because a left turn is one of the most dangerous maneuvers for a driver to execute, there is a presumption of negligence on a left-turning motorist involved in a motor vehicle accident. See Hughes v. Scottsdale Ins. Co., 35,043 (La.App.2d Cir.8/22/01), 793 So.2d 537. This is in accord with the statutory duty found in La. R.S. 32:122 that a left-turning motorist at an intersection "shall yield the right of way to all vehicles approaching from the opposite direction which are within the intersection or so close thereto as to constitute an immediate hazard."

A motorist attempting to make a left turn is under a duty to exercise a very high degree of care, even when executing the turn on the authority of an illuminated left turn signal. Christaw v. O'Bryant, 535 So.2d 1020 (La.App. 2d Cir.1988), writ denied, 536 So.2d 1223 (La.1989).

Although a burden rests on the motorist who desires to make a left turn to explain how the accident occurred and to show that he is free from negligence, this burden may be discharged by the left-turning motorist proving that the left turn arrow was illuminated. See Lewis v. Smith, 40,590 (La.App.2d Cir.1/25/06), 920 So.2d 920.

Mrs. Green testified that when her vehicle entered the turn lane at the intersection, there were two vehicles stopped in front of her. The light was red. When the light changed to green, the first vehicle made its left turn, followed by the second vehicle, which was a black SUV. Mrs. Green asserted that when the green arrow became illuminated, her car was stopped. She began making her turn through the intersection and the accident occurred.

Mrs. Green's older son, Chase, who was 12 at the time of the accident, recalled that there was an SUV in front of their truck in the turn lane.

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Bluebook (online)
963 So. 2d 486, 2007 WL 2318062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-nunley-lactapp-2007.