Holt v. Cannon Exp. Corp.

722 So. 2d 433, 1998 WL 854571
CourtLouisiana Court of Appeal
DecidedDecember 11, 1998
Docket31,271-CA
StatusPublished
Cited by9 cases

This text of 722 So. 2d 433 (Holt v. Cannon Exp. Corp.) 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
Holt v. Cannon Exp. Corp., 722 So. 2d 433, 1998 WL 854571 (La. Ct. App. 1998).

Opinion

722 So.2d 433 (1998)

Rhonda Renee HOLT, et al., Plaintiffs-Appellees,
v.
CANNON EXPRESS CORPORATION, et al., Defendants-Appellants.

No. 31,271-CA.

Court of Appeal of Louisiana, Second Circuit.

December 11, 1998.

*435 Lunn, Irion, Johnson, Salley & Carlisle by Jack E. Carlisle, Jr., Shreveport, Counsel for Appellants Vanliner Ins. Co., Cannon Express Corp. and Bobby Ramsey.

Ronald V. McKneely, and Tom N. Thompson, and John Turnage, Shreveport, Counsel for Appellees.

Before BROWN, WILLIAMS and PEATROSS, JJ.

*436 BROWN, Judge.

This appeal arises out of an accident involving a motorcycle and a tractor-trailer rig that occurred on December 3, 1991. Driving an 18-wheeled tractor-trailer rig northbound on La. Highway 173 ("Shreveport—Blanchard Highway"), Bobby Ramsey started a left-hand turn onto Industry Road in front of Billy J. Holt, who was riding a Harley-Davidson motorcycle southbound on Hwy. 173. Ramsey testified that he never saw the motorcyclist. There were 50 feet of skid marks laid down in a straight line in the middle of the motorcyclist's lane of travel to the point of impact with the right front tire of the tractor. Holt was killed in the accident. Holt's surviving spouse and daughter, Rhonda Renee Holt and Tina Annette Holt Perkins, filed suit against Ramsey, his employer, Cannon Express Corporation, and their insurer, Vanliner Insurance Company, seeking wrongful death and survival damages.

The matter was tried by a jury. The jury found that both Ramsey and Holt were negligent and assessed Holt with 71% of the fault. The jury's damage award was reduced by the fault attributed to Holt.

Following entry of judgment in accordance with the jury's verdict, plaintiffs filed a motion for JNOV, urging error in the jury's assessment of fault and damages. The trial court denied JNOV as to the jury's apportionment of fault, but granted partial JNOV and increased plaintiffs' damage awards.

Defendants have appealed and plaintiffs have answered the appeal, both urging error in the assessment of fault and damages. We find clear error in the apportionment of fault and amend in part the damage award.

Discussion

Fault

A JNOV is the procedural device authorized by La.C.C.P. art. 1811 whereby the trial court may correct a legally erroneous verdict by modifying fault or damages or both, that the jury may have assessed. Jackson v. A.L. & W. Moore Trucking, 609 So.2d 1064 (La.App. 2d Cir.1992). The JNOV questions whether the jury verdict, as a matter of law, is supported by any legitimate or substantial evidence. To find that the evidence was insufficient as a matter of law requires that there be no valid line of reasoning or permissible inferences which could lead rational men and women to the conclusion reached by the jury. United Group of National Paper Distributors, Inc. v. Vinson, 27,739 (La.App.2d Cir.01/25/96), 666 So.2d 1338, writ denied, 96-0714 (La.09/27/96), 679 So.2d 1358; Gibson v. Bossier City General Hospital, 594 So.2d 1332 (La.App. 2d Cir.1991).

In reviewing the grant or denial of JNOV, the appellate court must determine whether the trial court committed manifest error or was clearly wrong in granting or denying the motion. Morehead v. Ford Motor Company, 29,399 (La.App.2d Cir.05/21/97), 694 So.2d 650, writ denied, 97-1865 (La.11/07/97), 703 So.2d 1265; Gibson, supra.

In denying JNOV as to the jury's determination and apportionment of fault, the trial court found that there was evidence from which a reasonable jury could have rendered a verdict allocating fault in the percentages set by the jury in this case. We will therefore review the evidence to determine whether the trial court's ruling upholding the jury's verdict was manifestly erroneous or clearly wrong.

Bobby Ramsey, a long haul truck driver employed by Cannon Express, testified that on the evening before the accident, he and his wife spent the night at the Petro Truck Stop in Shreveport. Waking up around 5:45 a.m. the next day, Ramsey, with his wife as passenger, left the truck stop at approximately 6:00 a.m. going to International Paper, which is located on Industry Road in Blanchard, to pick up a load of paper rolls. Because it was dark outside, Ramsey turned on his headlights.

Ramsey's route took him from I-20 to the I-220 loop to the Shreveport-Blanchard Highway. Ramsey noted that traffic was light to moderate as he neared Industry Road. Ramsey estimated his speed to be between 10-15 m.p.h. as he approached the intersection. He engaged his left turn signal *437 approximately 100-150 feet south of Industry Road and, without coming to a complete stop, began his left turn. Ramsey stated that he saw two headlights from a southbound vehicle, but because he estimated the vehicle's distance to be 800-1000 feet north of the intersection, he felt that he had adequate time to complete his turn. Ramsey checked his mirrors to make sure that no one was attempting to pass him and to confirm that the trailer was going to clear. According to Ramsey, his truck was traveling 3-5 m.p.h. as he began turning. Approximately 25-30 feet into the turn, he heard a "roar and wham" which is apparently when Holt's motorcycle hit the truck. Ramsey testified that he never saw Holt and that he didn't even know what had hit him until he got out of his rig. Ramsey stated that Holt's point of impact was in the area of the tractor's right front tire.[1]

Timothy Brogden was northbound on La. Hwy. 173 on the morning of the accident. Brogden was employed at International Paper on Industry Road. To get to work in the mornings, Brogden testified that he usually drove north on Shreveport-Blanchard Highway and made a left turn at its T-intersection with Industry Road. On December 3, 1991, Brogden was on day shift, so he had to be at work at 7:00 a.m. Brogden stated that he was behind Ramsey's 18-wheeler and another vehicle. As he approached the intersection with Industry Road, Brogden was coming out of a curve and had a clear view of the straightaway in front of Ramsey's tractor-trailer rig. According to Brogden, before the 18-wheeler started its left turn, he observed one headlight on what appeared to be a motorcycle in the southbound lane of Shreveport-Blanchard Highway. When he saw the big truck begin its turn in front of the headlight, Brogden testified that he knew there was going to be a wreck.

On cross-examination, Brogden stated that he did not see the motorcycle pass another vehicle and does not recall seeing the van driven by another witness, Dixie Hayes. Brogden further noted that the motorcycle was in the middle of its lane of travel.

Sgt. Loren Ward of the Blanchard Police Department and Deputy Johnny Davis of the Caddo Parish Sheriff's Office responded to the accident. Both officers noted that the right front tire of the tractor was flat and that there was damage to the right front fender, diesel tank and stack. Both stated that they observed no damage to the trailer, which had not crossed over into the southbound lane. Sgt. Ward and Deputy Davis also confirmed that there was a skid mark 50 feet long in the southbound lane leading up to the point of impact.

Gene Moody testified as plaintiffs' expert in accident reconstruction. Moody examined the accident scene and took photographs and measurements of the site and the damaged motorcycle. He also looked at time and distance relationships of the vehicles involved in the accident and made calculations to determine speed before and at the time of the collision.

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Bluebook (online)
722 So. 2d 433, 1998 WL 854571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holt-v-cannon-exp-corp-lactapp-1998.