Hamilton v. Wild

917 So. 2d 695, 2005 WL 3415994
CourtLouisiana Court of Appeal
DecidedDecember 14, 2005
Docket40,410-CA
StatusPublished
Cited by4 cases

This text of 917 So. 2d 695 (Hamilton v. Wild) 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
Hamilton v. Wild, 917 So. 2d 695, 2005 WL 3415994 (La. Ct. App. 2005).

Opinion

917 So.2d 695 (2005)

Minnie Lee HAMILTON, Plaintiff-Appellant
v.
Charles E. WILD, Lilley'S Mail Service and Gemini Insurance Company, In Solido, or, In the Alternative, Shaunda Hamilton and State Farm Mutual Automobile Insurance Company, In Solido, Defendants-Appellees.

No. 40,410-CA.

Court of Appeal of Louisiana, Second Circuit.

December 14, 2005.

*696 Rice & Kendig, by J. Marshall Rice, William F. Kendig, Jr., for Appellant.

Lunn, Irion, Salley, Carlisle & Gardner, by James A. Mijalis, W. Orie Hunter, III, Shreveport, for Appellees, Charles E. Wild, Dale Lilley, Lilley's Mail Service and Gemini Insurance Company.

Sharp, Hymel, Cerniglia, Colvin, Weaver & Davis, L.L.C., by James H. Colvin, Shreveport, Zelda W. Tucker, for Appellees, Shaunda Hamilton and State Farm Automobile Insurance Company.

Before BROWN, WILLIAMS & PEATROSS, JJ.

PEATROSS, J.

This case arises from an automobile accident which occurred on July 1, 2003, at approximately 7:00 p.m. between Charles Wild and Shaunda Hamilton ("Shaunda") near the intersection of Monkhouse Drive and Hollywood Avenue in Shreveport, Louisiana. Following the accident, Shaunda and her mother, Minnie Lee Hamilton *697 ("Minnie"), who was a passenger in her daughter's vehicle, filed two separate suits. The first suit was filed by Shaunda against Mr. Wild, his employer, Lilley's Mail Service ("Lilley"), and its insurer, Gemini Insurance Company ("Gemini") (collectively referred to as "Mr. Wild"). The second suit was filed by Minnie against Shaunda, Mr. Wild, Lilley, Gemini and State Farm Mutual Automobile Insurance Company ("State Farm") for injuries Minnie sustained in the accident. After a trial on the latter of these suits, the trial judge ruled in favor of Mr. Wild. Minnie now appeals. For the reasons set forth herein, we affirm.

FACTS

Mr. Wild was operating a tractor trailer and Shaunda was driving a green 1995 Mazda Protégé at the time of the automobile accident. Minnie and Shaunda's minor son, Demarea, were passengers in the green Mazda. The accident occurred when both vehicles attempted to make a right hand turn from Hollywood Avenue onto Monkhouse Drive. Despite Mr. Wild's blinking right turn signal (that of the tractor trailer he was driving), Shaunda attempted to "sneak" past the rig/trailer in the limited space available on the right, inside lane of the street. Her attempt proved futile and the dolly from the trailer struck the left rear side of the green Mazda when both parties turned right. Minnie was taken to Willis-Knighton North emergency room the day after the accident and presented with pain in her neck, back, hand, shoulder and knees. She was treated for minor injuries and released.[1] This litigation ensued.

At trial, Mr. Wild testified that the tractor trailer he was operating was approximately "one foot" inside the "center lane" and otherwise completely in the "right turn lane." To the contrary, Shaunda testified that she believed the tractor trailer driven by Mr. Wild was in the "center lane," not the "right turn lane," because of its positioning. She admitted that the cars collided in a "slow impact" and stated that no one had any cuts or bruises as a result of the accident.

The trial judge issued Written Reasons for Judgment on January 25, 2005. In her Reasons, the trial judge stated that Shaunda's testimony was "self-serving," "confusing" and that she "undertook an unreasonable course of action with litigation and recovery of damages in mind." The trial judge further noted that Mr. Wild's (the tractor's) red blinking "turn signal" was on (illuminated/blinking) prior to his entering the intersection. The trial judge also found that Minnie underwent unnecessary medical treatment in bad faith and unreasonably failed to return to work; however she, nonetheless, awarded Minnie $530.10 in medical expenses, $644 in lost wages and $1,500 in general damages against State Farm. From this ruling, Minnie now appeals.

MINNIE'S ARGUMENTS

Assignment of Error One: The ruling that Shaunda Hamilton was 100% at fault for the accident is clearly wrong in light of the evidence presented at trial.

Minnie initially points to the applicable standard of review and cites the cases of Stobart v. State through DOTD[2] and Rosell *698 v. ESCO[3] standing for, inter alia, the proposition that this court may not reverse even if convinced that, had it been sitting as trier of fact, it would have weighed the evidence differently. Minnie argues that the trial court's ruling that Shaunda was 100% at fault in the case sub judice is "clearly wrong" and, thus, reversible. She cites La. R.S. 32:101, which states, in part:

A. The driver of a vehicle intending to turn at an intersection shall proceed as follows:
(1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

She further cites La. R.S. 32:104(A), which states, in part:

A. 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.

Minnie submits that "Mr. Wild failed to observe [these aforementioned] rules" and bears at least "some fault" for the resultant collision. At trial, Shaunda testified that she believed Mr. Wild would continue traveling straight because his blinker was not illuminated.[4] Minnie points out that Mr. Wild admitted at trial that he did not check his right side mirror prior to making the turn.

Minnie states that, even assuming Mr. Wild had checked his mirror in compliance with La. R.S. 32:101 and 104(A), supra, he still failed the charge set forth in Winfield v. Dih, 01-1357 (La.App. 4th Cir.4/24/02), 816 So.2d 942. In Winfield, supra, the court held that it is a well-settled rule that, when a driver looks and fails to see what he should have seen, that is the equivalent to a failure to look at all (and, in turn, negligence by that driver).

In response, Mr. Wild cites a portion of the judge's Reasons for Judgment, stating:

However, the court believed the testimony of Mr. Wild over that of plaintiff and her daughter and find as fact that Mr. Wild was in the right-hand lane with his right turn blinker on. The accident was caused by the actions of Shaunda in attempting to turn right in an unsafe manner and causing her rear bumper to come into contact with the loading dolly on the side of Mr. Wild's trailer.... Further, the court has found that Mr. Wild was in the right-turn lane with his blinker on. The court finds that Mr. Wild complied with La. R.S. 32:101 in that he remained as close as practicable to the right-hand side of the lane considering the size of his truck. The court finds that the sole cause of the accident was the inattentiveness and negligence of Shaunda Hamilton.

He supports this by citing Stobart, supra, and alleging that, based on these statements by the trial judge, and an absence of evidence to the contrary, there is no basis for this court to reverse. Mr. Wild goes on to point out several inconsistencies in Shaunda's testimony at trial. At trial, the following colloquy transpired:

Q: Do you remember, Ms.

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917 So. 2d 695, 2005 WL 3415994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-wild-lactapp-2005.