Hampton v. Marino

725 So. 2d 503, 97 La.App. 1 Cir. 1345, 1998 La. App. LEXIS 3444, 1998 WL 917136
CourtLouisiana Court of Appeal
DecidedNovember 6, 1998
DocketNo. 97 CA 1345
StatusPublished
Cited by7 cases

This text of 725 So. 2d 503 (Hampton v. Marino) 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
Hampton v. Marino, 725 So. 2d 503, 97 La.App. 1 Cir. 1345, 1998 La. App. LEXIS 3444, 1998 WL 917136 (La. Ct. App. 1998).

Opinion

KUHN, J.

This appeal arises out of a personal injury suit involving an automobile accident. We consider whether the trial court erred in assessing liability, whether an award of general damages was an abuse of discretion, and whether a stipulation addressing the maximum amount of recovery for individual petitioners was properly interpreted by the trial court. We amend the trial court’s judgment and, as amended, we affirm the judgment.

I. FACTS AND PROCEDURAL BACKGROUND

On November 18, 1993, plaintiff-appellee, Judith S. Hampton, was driving westbound on Goodwood Blvd. with her minor son, Jermaine Smith, as a passenger in her vehicle. Defendant-appellant, Michael Marino, was traveling eastbound on Goodwood Blvd. until he reached the intersection of Goodwood Blvd. and Airline Hwy. He then made a left-hand turn to the north from the eastbound lanes of Goodwood Blvd. onto Airline Hwy. As Hampton proceeded through the intersection, her vehicle was struck by Marino’s vehicle.

Judith S. Hampton filed suit on her own behalf and on behalf of Jermaine against defendants-appellants, Michael Marino and his insurer, Mid-Century Insurance Company (“Mid-Century”). State Farm Mutual Automobile Insurance Company (“State Farm”) intervened asserting subrogation rights and seeking to recover amounts paid for property damage and medical expenses pursuant to a policy providing coverage for the vehicle driven by Hampton.

After a bench trial, a judgment was signed awarding general and special damages totaling $41,985.84 in favor of Hampton, and general damages of $7,300.00 to Hampton, on behalf of Jermaine. Judgment was also awarded in favor of State Farm and against Marino and Mid-Century1 for reimbursement of medical expenses and property damage expenses totaling $11,879.73.

bMarino and Mid-Century have appealed, asserting the trial court erred: 1) in assessing Marino with any fault in causing the accident and, alternatively, in failing to find Hampton was at least partially at fault in causing the accident; 2) in awarding $7,300.00 for general damages to Hampton on behalf of Jermaine; 3) in awarding in excess of $50,000.00 to Hampton when the parties had stipulated that “no individual petitioner’s cause of action exceeds $50,000.00, exclusive of costs and interest”; and 4) in awarding a judgment in favor of State Farm and against defendants because: a) Marino was not at fault and b) State Farm did not seek a judgment against Marino and Mid-Century. Alternatively, defendants urge the trial court erred in failing to reduce the awards by the percentage of fault attribut[506]*506able to Hampton, and in failing to limit State Farm’s recovery according to the terms of the stipulation that Hampton’s recovery be no greater than $50,000.00.

II. ANALYSIS

A. Liability

Conflicting testimony was presented during the trial regarding the operation of the traffic signal and regarding which motorist was favored with a green or yellow signal light at the time of the collision. Hampton testified that she and her son were headed to the library on Goodwood Blvd. at the time'of the accident. She stated that as she went through the Goodwood Blvd./Airline Hwy intersection, the light was green. She explained that because the light was green, she did not have to slow down or stop as she went through the intersection. She also testified she did not see anyone turning in front of her as she entered the intersection. As she reached the middle of the intersection, she saw Marino’s vehicle and tried to move to the right but was unable to avoid a collision. She testified that Marino told the police officer who investigated the accident that “he had a yellow arrow” when he went through the intersection.

Jermaine, who was twelve years old when the accident occurred, explained he and his mother were not in a rush to get to the library and were following a route they had taken many times before. Jermaine stated that before his mother’s car entered the intersection, he ^noticed the traffic signal was green. He did not see the light change at any time before the accident. He noticed Marino’s car a few seconds before impact and told his mother it was going to hit them. He explained that his mother took evasive action by swerving to the right before impact.

The defendants introduced the deposition testimony of Marino and of Richard Alan Sanders. Marino and Sanders, who were friends and classmates at the M.D. Anderson Cancer Center, testified that they were visiting Baton Rouge to attend a class at the Mary Bird Perkins Cancer Center. A group of people attending the class decided to eat together when the class was finished. Each person drove his own car, and the group formed a caravan procession which headed to a restaurant. Marino’s car was fourth in the caravan, and Sanders’ car was fifth. Both Marino and Sanders were unfamiliar with Baton Rouge. The drivers of the first three cars were from Baton Rouge. Marino and Sanders acknowledged they needed to keep up with the others in the caravan to find the restaurant.

Marino stated that as he approached the intersection, the light was red for travel in the turning lane. He explained the vehicles in front of him came to a complete stop for about three to four seconds before the light turned to a green arrow. The vehicles in front of him successfully made left turns. He testified he also made a complete stop before proceeding through the intersection. As he reached the middle of the intersection, the front of his car hit the driver’s side of Hampton’s car. Marino stated that to the best of his knowledge, the signal controlling his travel lane showed a green arrow when he entered the intersection. He stated he never saw a red signal while he was in the intersection. He recalled having made the same statement to the police officer who investigated the accident. However, Marino also testified that as he was in the middle of the intersection, he remembered the protective left-turn arrow changed to yellow. He described the intersection as “big,” and stated he was definitely inside the intersection when the light turned yellow.

Sanders testified that the ears in the caravan did not come to a stop at the Goodwood Blvd./Airline Hwy intersection because the green arrow left-turn signal had already been ^activated when the first car in the caravan reached the intersection. He stated the first car in the caravan made a “rolling stop,” and he did not recall any other cars in the left-turn lane in front of the five-car caravan. Sanders testified he did not come to a complete stop before reaching the intersection, but he did slow down as he went through the intersection. Sanders explained that the left-turn arrow signal was green the whole time he looked at it, and that he first noticed the signal from a distance of about five car lengths. Since he did not reduce his [507]*507speed below twenty-five miles per hour as he approached the intersection, he acknowledged that the green left-turn signal had been activated for some period of time before the first ear in the caravan reached the intersection.

Sanders stated as he drove towards the intersection, he had a green arrow, and that Marino’s car, which proceeded into the intersection ahead of him, entered while the arrow was green. Sanders testified that as he entered the intersection, the arrow was yellow. He explained that Marino’s car was approximately one-half way through the intersection at this.point.

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725 So. 2d 503, 97 La.App. 1 Cir. 1345, 1998 La. App. LEXIS 3444, 1998 WL 917136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hampton-v-marino-lactapp-1998.