Harris v. DeBrueys

926 So. 2d 627, 2006 La. App. LEXIS 530, 2006 WL 619320
CourtLouisiana Court of Appeal
DecidedMarch 14, 2006
DocketNo. 05-CA-750
StatusPublished
Cited by1 cases

This text of 926 So. 2d 627 (Harris v. DeBrueys) 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
Harris v. DeBrueys, 926 So. 2d 627, 2006 La. App. LEXIS 530, 2006 WL 619320 (La. Ct. App. 2006).

Opinion

CLARENCE E. McMANUS, Judge.

| ¡¡This litigation arises out of an automobile accident. Plaintiff was proceeding through an intersection when she was struck on the left side by defendant who was executing a left hand turn. Prior to trial, plaintiff stipulated that her damages did not exceed $50,000.00. After trial on the merits, the court rendered judgment in favor of plaintiff, finding that defendant was 90% fault and plaintiff 10% fault in the cause of the accident. The trial court awarded general damages of $24,700.00, and special damages for medical expenses of $15,157.40, to be reduced by the 10% fault allocated to plaintiff. Defendants filed this appeal, alleging that the trial court erred in finding defendant at fault for the cause of the accident. Plaintiff answered the appeal, requesting that this Court reduce or eliminate the fault found, and further alleging that the damages awarded were inadequate. For the reasons that follow, we amend, and as amended, affirm the decision of the trial court.

This accident occurred late afternoon on March 24, 2000 at the intersection of Vintage and Monte Carlo, in Kenner, Louisiana. Plaintiff testified that she was northbound on Vintage. Prior to the intersection the street widens and becomes two lanes. She moved to the right lane, in anticipation of making a right turn at the following intersection. There were ears in the left lane, and the traffic was heavy. | ¡¡As she was crossing the intersection, she was hit on the driver’s side door. The impact caused her car to spin around, jump a curb and hit a tree.

Defendant testified that she was southbound on Vintage, intending to make a left turn onto Monte Carlo. There was a red pickup truck northbound at the intersection, and the driver waved her through. She executed the left hand turn and struck plaintiffs vehicle. Defendant stated that she did not see plaintiffs vehicle prior to the accident. Defendant contends that Vintage is a one-lane street until after the intersection, and that plaintiff was driving in the parking lane. Defendant admitted that she was issued a traffic citation, which was dismissed when the witnesses failed to show up in court.

The deposition testimony of Simone Gordon, a witness to the accident, was introduced into evidence. She was southbound on Vintage, which at that point was a one lane street with a parking lane. Signs were posted stating that one should not drive or park in the parking lane. She stated that she was following the plaintiff, and when the plaintiff pulled into the right lane, she did too. There were two or three vehicles in front of plaintiff at that time. When Ms. Gordon pulled over, she realized that she was in the parking lane.

The deposition testimony of Freddy Sandino, the Kenner police officer who investigated the accident, was also introduced into evidence. He stated that after obtaining the facts of the accident, he cited defendant for failure to yield. He did not cite plaintiff. He further said that while plaintiff might have traveled in the parking lane, she was out of that lane when the accident occurred.

Lawrence Hamm, and accident recon-structionist and consulting engineer examined the site where the accident occurred. He testified as trial, not as an expert, but as a fact witness. He stated that on August 8, 2002, he went to the intersection where the accident occurred, and he took [630]*630photographs and | ¿measurements. ■ The road close to the intersection median was 24 feet wide from median to curb. A lane on the interstate is twelve feet wide, so there is sufficient roadway for two lane travel. The solid white line delineating the parking lane ended 33 feet before the intersection. Past the intersection, Vintage is clearly marked as a two lane road. Photographs taken by M-r. Hamm show a white line painted across the entire expanse of the street. There are two signs, one on each side'of the street, cautioning motorists to avoid blocking the intersection.

In this appeal, defendants allege that the trial court erred in finding defendant at' fault for the accident. Plaintiff answers, alleging that the trial court erred in assessing her with 10% fault, because she was fault free in this accident.

On appellate review, the court’s function is to determine whether the findings of the trier-of-fact were clearly wrong or manifestly erroneous. Himel v. State ex rel. Dept. of Transp. and Development, 04-274, p. 8 (La.App. 5th Cir.1/12/04), 887 So.2d 131, 137-138, writ denied, 04-2802 (La.3/18/05), 896 So.2d 999; Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). 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. Himel, 04-274 at p. 8, 887 So.2d at 137-138; Rosell, 549 So.2d at 844. The issue to be resolved by the reviewing court is not whether the fact-finder was. right or wrong, but whether its conclusion was a reasonable one. Himel, 04-274 at p. 8, 887 So.2d at 138; Stobart v. State, Through DOTD, 617 So.2d 880, 882 (La.1993).

LeBlanc v. Baxter, 05-33 (La.App. 5 Cir. 5/31/05), 905 So.2d 415, 426.

Furthermore,

The allocation of fault between comparatively negligent parties is a finding of fact. As with other factual determinations, the trier of fact is vested with much discretion in its allocation of fault. Accordingly, an appellate court may only reallocate fault if it finds the trial court was clearly wrong or manifestly erroneous in its allocation of fault, even if the reviewing court would have decided the case differently had it been the original trier of fact. (Citations omitted)

LaFleur v. Martin, 04-516 (La.App. 5 Cir.2004), 890 So.2d 26, 29-30, citing Gregor v. Argenot Great Cent. Ins. Co., 02-1138 (La.5/20/03), 851 So.2d 959, 968.

Defendant, at the time of the accident, was executing a left hand turn at an intersection. LSA-R.S. 32:122 provides that:

The driver of a vehicle within an intersection intending to turn to the left 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 left turn is one of the most dangerous maneuvers a driver may execute and requires the exercise of great caution. Before attempting a left turn, a driver should ascertain whether it can be completed safely. Shelton v. Safeway Ins. Co. of Louisiana, 36,736 (La.App. 2 Cir. 1/29/03), 836 So.2d 1225, 1228; Theriot v. Lasseigne, 93-2661 (La.7/5/94), 640 So.2d 1305. Once a plaintiff has established that the defendant was attempting to make a left turn when the accident occurred, the burden of proof then shifts to the defendant to prove that he or she was free from fault. Stevens v. Willis, 00-01171, 00-[631]*63101172 (La.App. 3 Cir. 1/31/01), 778 So.2d 1196.

In this case, the trial court found that the defendant was negligent in her execution of the left hand turn. The testimony at trial established that she was executing a left hand turn in heavy traffic. She admitted that she did not see the plaintiff prior to impact. We cannot say that the trial court was manifestly erroneous in finding that defendant was at fault for this accident.

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Bluebook (online)
926 So. 2d 627, 2006 La. App. LEXIS 530, 2006 WL 619320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-debrueys-lactapp-2006.