Hayes v. Clark

866 So. 2d 251, 2003 La. App. LEXIS 2666, 2003 WL 22242534
CourtLouisiana Court of Appeal
DecidedOctober 1, 2003
DocketNo. 03-272
StatusPublished

This text of 866 So. 2d 251 (Hayes v. Clark) 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
Hayes v. Clark, 866 So. 2d 251, 2003 La. App. LEXIS 2666, 2003 WL 22242534 (La. Ct. App. 2003).

Opinion

| .COOKS, Judge.

STATEMENT OF THE CASE

This case arises out of an automobile accident in Natchitoches, Louisiana on the evening of November 17, 2000. Kerry Clark was driving on Whitfield Drive. As he approached the intersection of Whitfield Drive and East Fifth Street, he dropped a pair of side shields for glasses. He looked down to search for the side shields, ran a stop sign located at this intersection, and crashed into Debra Hayes. The impact of the collision pushed Ms. Hayes’ vehicle across the intersection. Mr. Clark’s vehicle spun almost 360 degrees and rolled onto the passenger side. Mr. Clark was not injured in the accident, but his vehicle was totaled. Mr. Clark admitted to running the stop sign and received a traffic ticket. Ms. Hayes suffered knee and back injury and was immediately taken to the hospital by her son. Ms. Hayes sued Kerry Clark and his insurer, Zurich American Insurance Company.

Ms. Hayes filed a Partial Motion for Summary Judgment on the issue of liability. Judge Eric Harrington granted the [253]*253Plaintiffs motion on the basis that the sole cause of the accident was the negligence of Mr. Clark in failing to stop at the stop sign. The case was presented to the jury-on the issue of damages. The jury awarded damages totaling $175,875.88 to Ms. Hayes. Mr. Clark files this appeal asserting the following assignments of error:

1. The trial court erred in granting the P1a.nf.iffs Partial Motion for Summary Judgment and removing the issue of liability from the jury’s consideration.
2. The trial court erred in the jury charge given regarding Plantiff s burden of proving future medical expenses.
3. The trial court erred in approving the jury verdict form listing eleven categories of damages.
4. The jury’s damage award to Plantiff was excessive and not supported by the evidence.

|3For the reasons assigned below, we affirm the decision of the trial court.

ASSIGNMENT OF ERROR NUMBER ONE

Mr. Clark contends the trial court erred in granting the Plantiffs Partial Motion for Summary Judgment. An appellate court reviews summary judgments de novo, applying the same criteria as the district court in determining whether summary judgment is appropriate. Schroeder v. Bd. of Supervisors of Louisiana State Univ., 591 So.2d 342 (La.1991); La.Code Civ.P. art. 966(B). A motion for summary judgment is properly granted when the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show there is no genuine issue as to material facts, and the mover is entitled to judgment as a matter of law. La.Code Civ. P. art. 966(B). Mr. Clark contends summary judgment was not proper in this case because there was a genuine issue of material fact as to whether Ms. Hayes was comparatively at fault. Mr. Clark contends Ms. Hayes admitted observing Mr. Clark pull up to the stop sign and she was negligent in failing to apply her brakes to avoid the accident.

Ms. Hayes testified she was traveling-home on East Fifth Street after visiting her grandmother at the Natchitoches Parish Hospital. She was traveling twenty miles an hour when she approached the intersection of East Fifth Street and Whitfield Drive. She stated there is a house located on the corner which blocks the view of the intersection by approaching drivers. When Ms. Hayes saw Mr. Clark’s vehicle, he was approaching the stop sign. She assumed he was going to stop and she proceeded forward into the intersection. We find the trial judge was correct in concluding the sole cause of the accident was the failure of Mr. Clark to stop at the stop sign.

The duty of a motorist when approaching a stop sign is mandated in La.R.S. 32:123 which provides in relevant part:

A. Preferential right of way at an intersection may be indicated by stop |4signs or yield signs.
B. 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 high[254]*254way as to constitute an immediate hazard.

When a motorist is confronted with a stop sign at an intersection, it is his duty to come to a complete stop, to observe traffic, and to make certain that the way is clear before proceeding. Coleman v. Rabon, 561 So.2d 897 (La.App. 2 Cir.1990), writ denied, 567 So.2d 617(La.); Vallery v. State Through Dept. of Transp. and Dev., 480 So.2d 818 (La.App. 3 Cir.1985), writ denied, 481 So.2d 1350 (La.1986). Mr. Clark admitted he was looking down to search for a pair of side shields for glassés and failed to stop at the stop sign. He further testified he never applied his brakes prior to impact and received a traffic citation following the accident.

A similar factual situation was presented in Cormier v. Álbear, 99-1206 (La.App. 3 Cir. 2/02/00), 758 So.2d 250. The Plantiff was traveling on Highway 90 near New Iberia. When he approached the intersection of Highway 90 and Louisiana Highway 675, a tractor-trailer driven by the defendant appeared in front of him, giving him only 1 to 1.5 seconds to react. He struck the tractor-trailer near the back tires. The driver of the tractor-trailer stopped at the stop sign and flashing red light, checked for approaching traffic but failed to see the Plantiff s vehicle. He attempted to cross the intersection and drove his tractor-trailer out in front of the Plantiff s vehicle. The driver of the tractor-trailer asserted the Plantiff was equally at fault in causing ■ the accident. The trial court granted the Plantiff s. Partial Motion for Summary Judgment on the issue of liability finding the driver of the tractor-trailer solely at fault in failing |Bto observe the Plaintiffs vehicle and proceeding across the interséction when it was unsafe to do so. In affirming the decision of the trial court, this court stated:

The evidence here shows that Mr. Cormier exercised the proper degree of care when approaching the intersection. He stated that he was driving the speed limit when the tractor-trailer appeared before him, allowing him only enough time to apply his brakes and duck. Mr. Albear stated that he simply did not see the approaching vehicle. Although there is some disagreement over the speed at which the tractor-trailer entered the intersection, it is insufficient to attribute fault to Mr. Cormier. Under these circumstances, we find that there is no genuine issue of material fact regarding Mr. Albear’s sole responsibility for causing the accident and injuries.

Id. at p. 9, 255.

In the present case, we find the trial court was correct in concluding the sole cause of the accident was the failure of Mr. Clark to stop at the stop sign. Accordingly, we find this assignment of error without merit.

ASSIGNMENT OF ERROR NUMBER TWO

Mr.

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Related

Harper v. Falrig Offshore, Inc.
776 So. 2d 620 (Louisiana Court of Appeal, 2000)
Schroeder v. Board of Sup'rs
591 So. 2d 342 (Supreme Court of Louisiana, 1991)
Vallery v. STATE EX REL. DEPT. OF TRANSP. AND DEV.
480 So. 2d 818 (Louisiana Court of Appeal, 1985)
Clavier v. Roberts
783 So. 2d 599 (Louisiana Court of Appeal, 2001)
Cormier v. Albear
758 So. 2d 250 (Louisiana Court of Appeal, 2000)
Coleman v. Rabon
561 So. 2d 897 (Louisiana Court of Appeal, 1990)

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Bluebook (online)
866 So. 2d 251, 2003 La. App. LEXIS 2666, 2003 WL 22242534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-clark-lactapp-2003.