Guillot v. Valley Forge Ins. Co.

753 So. 2d 891, 1999 WL 1116996
CourtLouisiana Court of Appeal
DecidedDecember 8, 1999
Docket99-1044
StatusPublished
Cited by14 cases

This text of 753 So. 2d 891 (Guillot v. Valley Forge 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
Guillot v. Valley Forge Ins. Co., 753 So. 2d 891, 1999 WL 1116996 (La. Ct. App. 1999).

Opinion

753 So.2d 891 (1999)

Millard J. GUILLOT, Sr., et al., Plaintiffs-Appellants,
v.
VALLEY FORGE INSURANCE COMPANY and Clint Bishop, Defendants-Appellees.

No. 99-1044.

Court of Appeal of Louisiana, Third Circuit.

December 8, 1999.

*892 James Paul Lambert, Lafayette, for Millard J. Guillot, Sr., et al.

William Allen Repaske, New Iberia, for Valley Forge Insurance Company, et al.

BEFORE SAUNDERS, WOODARD and DECUIR, Judges.

*893 SAUNDERS, Judge.

On July 9, 1997, Millard A. Guillot was struck by a pick up truck driven by Clint M. Bishop (hereinafter "Defendant"), while riding his bicycle. Two months later, Guillot died from a pulmonary embolism which stemmed from his inactivity due to the serious injuries he had suffered as a result of the accident.

After a jury trial, Defendant and Guillot were each found to be fifty percent at fault for the accident. Guillot's wife and children were awarded a total of $190,000.00 in damages and Guillot was awarded a total $153,047.00 in general and specific survival damages. We reverse in part and amend in part.

FACTS

In Jeanerette, Louisiana, at the intersection of Georgia and Louisiana Streets, Guillot, who was eighty-two years old at the time, was riding his bicycle in a westerly direction. His bicycle was in the eastbound lane as he approached the intersection. Meanwhile, Defendant drove his truck from the north in a southerly direction down Louisiana Street and approached the intersection of Louisiana and Georgia. There he stopped, looked to the left, saw no one, looked to the right, his view was blocked, he crept up, looked to his right again, and saw that it was clear, did not look back to his left, and then proceeded through the intersection where he hit Guillot. Signs were posted by the City of Jeanerette to control the traffic approaching the intersection of Louisiana Street. Defendant testified that he slammed on his brakes and stopped almost immediately, yet he struck Guillot on the right side of his bike, knocking him over.

Guillot was initially taken to Dauterive Hospital, but was transferred to Lafayette General Medical Center (LGMC) due to a suspected subdural hematoma. He was found to have suffered contusions, fractured ribs, a collapsed lung and a fractured tibial plateau of his right leg. After experiencing asystole and bradycardia, he underwent implantation of a cardiac pacemaker on July 15, 1997. On July 17, 1997, he was transferred to an in-house rehabilitation unit and later to a skilled nursing facility at Heritage Manor Nursing Home for rehabilitation. There, Guillot died suddenly of a pulmonary embolism on September 3, 1997.

The widow and major children of Guillot, hereinafter "Plaintiffs," brought a wrongful death and survival action against Defendant and his insurer, Valley Forge Insurance Company. A judgment was signed on February 4, 1999, and Plaintiffs have brought this appeal.

LAW AND ANALYSIS

I. Assignment of Error No. 1:

Plaintiffs argue that the jury manifestly erred in finding Guillot fifty percent at fault for the accident. Apportionment of fault is a question of fact, subject to the manifest error/clearly wrong standard of review. Sims v. State Farm Auto. Ins. Co., 30,602 (La.App. 2 Cir. 5/13/98); 714 So.2d 132, writ granted, 98-1613 (La.10/9/99); 726 So.2d 13; Stobart v. State, Through DOTD, 617 So.2d 880 (La. 1993). In reviewing allocation of fault, the Louisiana Supreme Court in Clement v. Frey, 95-1119 (La.1/16/96); 666 So.2d 607, 610-11, explained, "there is an analogy between excessive or inadequate quantum determinations and excessive or inadequate fault percentage determinations. In both, the trier of fact, unlike the appellate court has had the benefit of witnessing the entire trial and of reviewing first hand all the evidence."

The Clement court concluded, "[a]fter the court of appeal finds a `clearly wrong' apportionment of fault, it should adjust the award, but only to the extent of lowering or raising it to the highest or lowest point respectively which is reasonably within the trial court's discretion." Id. at 611.

Plaintiffs assert that the only argument offered to establish Guillot's negligence, *894 that he violated La.R.S. 32:197, is insufficient to reasonably allocate fifty percent of the fault to Guillot. We agree. In reviewing this matter, we note the governing statutes and jurisprudence. La.R.S. 32:197(A) provides that "[e]very person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction." La.R.S. 32:123(B) provides the rules for vehicles at stop signs:

Except when directed to proceed by a police officer or traffic-control signal, every driver and operator of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the cross walk on the near side at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right of way to all vehicles which have entered the intersection from another highway or which are approaching so closely on said highway as to constitute an immediate hazard.

(Emphasis added.)

"Each intersectional accident is dependent upon and must be decided on its own facts." Crump v. Ritter, 583 So.2d 47, 50 (La.App. 2 Cir.1991), citing Ball v. Marquette Casualty Co., 176 So.2d 799 (La.App. 4 Cir.1965), writ denied, 248 La. 417, 179 So.2d 16. It is well settled that:

A motorist who is confronted with a stop sign at an intersection is required to bring his vehicle to a complete stop before entering the crossing, to appraise traffic in the intersecting street and to make certain that the way is clear for him to make a safe passage across the intersection before he enters it. When the motorist stops his vehicle before proceeding to cross a right of way street, he has performed only half of the duty which the law imposes upon him. To stop and then proceed in the immediate path of oncoming vehicles constitutes negligence.

McCauley v. LaFleur, 213 So.2d 176, 179 (La.App. 3 Cir.1968) and cases cited therein.

Ballaron v. Roth, 221 So.2d 297, 300 (La.App. 4 Cir.1969), explains that:

[T]o merely stop for a stop sign is to perform only a part of the required duty; such action must be followed by a careful observation of traffic conditions and the motorist controlled by the stop sign must yield the right of way to all vehicles lawfully proceeding on the favored roadway.

(Citations omitted.)

"A motorist is held to see that which with due diligence he should have seen." Audubon Ins. Co. v. Knoten, 325 So.2d 624, 625 (La.App. 4 Cir.1976).

In the matter before us, Defendant testified that he looked to his left, looked to his right, and because his view was blocked, moved his vehicle up and looked to the right again. Defendant then proceeded slowly through the intersection, never having seen Guillot until the moment before impact. After a review of the record and applicable law and jurisprudence, we are compelled to find that Guillot's role in the accident is minimal. Clearly, the statutes governing motorists at stop signs impose the responsibility of ascertaining the location of all traffic moving through the intersection.

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Bluebook (online)
753 So. 2d 891, 1999 WL 1116996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guillot-v-valley-forge-ins-co-lactapp-1999.