Hoyt v. State Farm Mutual Automobile Insurance Co.

420 So. 2d 1254, 1982 La. App. LEXIS 8101
CourtLouisiana Court of Appeal
DecidedOctober 13, 1982
DocketNo. 82-132
StatusPublished
Cited by1 cases

This text of 420 So. 2d 1254 (Hoyt v. State Farm Mutual Automobile Insurance Co.) 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
Hoyt v. State Farm Mutual Automobile Insurance Co., 420 So. 2d 1254, 1982 La. App. LEXIS 8101 (La. Ct. App. 1982).

Opinion

GUIDRY, Judge.

This suit arises from personal injuries sustained by the plaintiff, Mark B. Hoyt, in an accident which occurred on November 11, 1979 on a privately owned dirt road in Natchitoches Parish, Louisiana. Hoyt was a passenger in a dune buggy owned and operated by David Johnson when it collided head-on with a vehicle driven by Charles R. Williams.

The plaintiff Hoyt filed suit on April 2, 1980, against David Johnson and his insurer, Western Casualty Insurance Company (hereafter Western Casualty), against Charles R. Williams and his insurer, State Farm Mutual Automobile Insurance Company (hereafter State Farm), and against State Farm as the uninsured motorist carrier for the plaintiff. On April 22, 1980, answer was filed on behalf of Charles Williams and State Farm as his insurer. Subsequently, Hoyt settled his claim against Williams and State Farm in its capacity as Williams’ liability insurer, resulting in a judgment of dismissal as to those parties. In connection with this agreement, State Farm paid to the plaintiff $10,000.00, the limit of its liability on the Williams’ vehicle. The judgment was signed on May 7, 1980, reserving the right of the plaintiff to proceed against all other defendants, including State Farm in its capacity as uninsured motorist carrier for the plaintiff.

The defendants, David Johnson and his insurer, Western Casualty, answered plaintiff’s petition on May 28, 1980. The plaintiff reached a similar compromise with these defendants, whereby Western Casualty paid to the plaintiff the limit of its bodily injury liability, $10,000.00, plus $2,000.00 in medical payments coverage. A judgment of dismissal releasing Johnson and Western Casualty was signed on July 16, 1980, reserving to the plaintiff the right to proceed against State Farm in its capacity as uninsured motorist carrier and all others not released.

Following the release of these defendants, the plaintiff Hoyt learned that, at the time of the accident, Charles R. Williams [1256]*1256was acting in the course and scope of his employment with the Natchitoches Parish Police Jury. The plaintiff filed an amended and supplemental petition on October 30, 1980 adding the Police Jury and its insurer, Reliance Insurance Company (hereafter Reliance) as parties defendant.

The merits of the case were tried to a jury. The issues presented to the jury were (1) whether either or both of the drivers were negligent; (2) whether such negligence caused the plaintiffs injuries; and, (3) the amount of damages to which the plaintiff was entitled. The jury returned a special verdict, finding (1) that Charles Williams was not negligent; (2) that David Johnson was negligent and such negligence resulted in the injuries to the plaintiff; and, (3) that the plaintiff was entitled to special damages in the amount of $10,000.00 and general damages in the amount of $90,-000.00. Judgment was rendered on November 25, 1981, in accordance with the jury verdict, in favor of the plaintiff Hoyt against the defendant, State Farm, in the amount of $100,000.00, subject to a credit in favor of the defendant, State Farm, in the amount of $10,000.00, being the amount received by Hoyt from Johnson and Western Casualty. Judgment was also rendered in favor of the defendants, Natchitoches Parish Police Jury and Reliance, dismissing the claims of the plaintiff against them.

The plaintiff Hoyt has appealed, citing as error the failure of the trial court to find Charles Williams negligent and the insufficiency of the damages awarded. Defendant-appellant, State Farm, joins Hoyt in asserting error of the trial court in failing to find Charles Williams negligent. Defendants-appellees, Natchitoches Parish Police Jury and Reliance argue that there was no abuse of discretion on the part of the jury in finding Williams free of negligence. However, should it be found that the trial court erred, they argue, in the alternative, that plaintiff-appellant’s claims against them should be dismissed as a result of the release and judgment of dismissal in favor of Charles Williams and State Farm, executed without an express reservation of rights against the Police Jury or Reliance. They further argue that absent a dismissal of the claim against them they are at least entitled to a reduction of damages of one-half (Vá), as against them, as a result of the release of the tortfeasor, David Johnson.

For the reasons which follow, we affirm the jury’s determination that Charles Williams was free from negligence-on the occasion in question. Our affirmation on this issue makes consideration of the alternative issues raised by appellees unnecessary.

On November 11, 1979, during the late morning hours, Mark B. Hoyt was a passenger in a dune buggy being driven by David Johnson. The two men were returning from a hunting trip in a wooded area near Grand Ecore in Natchitoches Parish. As the dune buggy reached the crest of an incline on a privately owned dirt road, it collided head-on with a 1970 Ford Maverick being driven by Charles R. Williams. Each driver testified that there was no way to avoid the collision when he encountered the approaching vehicle at the crest of the hill. It is conceded by all parties that at the time of the accident, Charles Williams was acting in the course and scope of his employment with the Natchitoches Parish Police Jury.

Eighteen days after the accident, on November 29, 1979, Charles Williams gave a statement concerning the accident to Jack Rockhold, a claims agent for State Farm. During the course of the interview, Williams stated that the road on which the accident occurred was a one-lane road, and that vehicles travelling in different directions on the road would have to use the same lane.

At the trial, David Johnson testified that the road was a one lane road; that there were only two “ruts” in the road marking the path taken by vehicles using the road; and, that the road was not wide enough for two vehicles to pass without colliding. He testified that he was travelling on the “beaten path” in the center of the road at the time of the collision, and that the Williams vehicle was occupying the same set of tracks in the center of the road.

[1257]*1257Charles Williams testified at the trial that, although the road was, for the most part, a one-lane woods road, the section of the road at and near the crest of the hill was wide enough for two cars to pass without colliding. He testified further that he was not in the worn area, i.e., the “ruts” in the center of the road, and that he was travelling as far to the right as was possible. When the statement Williams had previously given to Rockhold was called to his attention, Williams testified that the statement was the truth as he understood it at the time, but after viewing photographs of the scene of the collision, he became convinced that he was travelling on the right side of the road rather than in the center.

Also offered in evidence were the photographs of the scene of the collision and of the road on both sides of the crest of the hill on which the accident occurred. Mark B. Hoyt was unable to testify as to the width of the road at the point of the collision or as to the paths taken by the vehicles because at the time of the accident he had his cap pulled down over his eyes in order to shield himself from the cold wind as he rode in the open dune buggy.

The issue we must resolve is whether or not the finding of the jury that Charles Williams was not negligent is clearly erroneous.

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Related

Hoyt v. State Farm Mutual Automobile Insurance
423 So. 2d 1180 (Supreme Court of Louisiana, 1982)

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Bluebook (online)
420 So. 2d 1254, 1982 La. App. LEXIS 8101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoyt-v-state-farm-mutual-automobile-insurance-co-lactapp-1982.