Jacobs v. Sampson

206 So. 3d 1191, 16 La.App. 3 Cir. 506, 2016 La. App. LEXIS 2062
CourtLouisiana Court of Appeal
DecidedNovember 9, 2016
Docket16-506
StatusPublished

This text of 206 So. 3d 1191 (Jacobs v. Sampson) 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
Jacobs v. Sampson, 206 So. 3d 1191, 16 La.App. 3 Cir. 506, 2016 La. App. LEXIS 2062 (La. Ct. App. 2016).

Opinion

AMY, Judge.

11 This matter involves an automobile accident alleged to have occurred when the driver of a truck applied the brakes in order to avoid striking a vehicle that turned into his lane of traffic. Contact with the turning vehicle was avoided. However, the driver of a vehicle being towed by the lead truck could not stop, resulting in an accident between those two vehicles. The passenger of the lead truck and the driver of the towed vehicle alleged injury as a result of the impact. Both the driver of the turning vehicle and the driver of the lead truck were named as defendants, as were their insurers. Following a bench trial, the trial court assessed 95% of the fault for the accident to the driver of the turning vehicle and 5% of the fault to the driver of the lead truck. It awarded general damages and past medical expenses to both plaintiffs. The insurer of the driver of the turning vehicle appealed. For the following reasons, we affirm in part, reverse in part, and remand with instructions.

Factual and Procedural Background

On November 8, 2013, David Sampson was traveling on the Marksville Highway in Avoyelles Parish, with Mario Jacobs as a passenger in his Ford truck. A second truck, a Chevrolet owned and occupied by Sandalon Jacobs, was attached by tow rope. Sandalon explained that the tow was necessary in order to relocate his truck from Hessmer to his home in Marksville due to a faulty fuel pump and a lack of insurance on the vehicle.

The record indicates that as the trucks were northbound on the highway, a Buick driven by Florence Decuir was traveling on Lemoine Street toward its intersection with the highway. Ms. Decuir explained that she saw the trucks approaching and that, as she thought she saw a turn signal, she turned onto the l2highway in order to give the trucks more room for the turn. Mr. Sampson, Mario, and Sandalon testified that Ms. Decuir turned onto the highway without stopping at the stop sign at the Lemoine Street intersection.1 Mr. Sampson explained that, upon her turn, he “slowed” his truck to avoid hitting the Decuir vehicle. He denied “mashing” the brakes.

While Mr. Sampson avoided contact with Ms. Decuir, Sandalon explained that he applied the brakes in his truck in tow, but that it struck the rear of Mr. Sampson’s truck. Sandalon further explained that his truck “dropped” as a result of the tire2 flying off of the truck. Ms. Decuir, who proceeded on the highway, denied that she saw a collision, but explained that, when she looked behind her after turning, she saw a tire rolling to the side of the truck. She explained that she did not think that an accident occurred, but that she “thought maybe the tire had just blown out.”

Thereafter, Mario and Sandalon filed suit, alleging personal injury as a result of the accident. They named Mr. Sampson and his insurer, Automobile Club Inter-Insurance Exchange, as defendants, as well as Ms. Decuir and her insurer, State Farm Mutual Automobile Insurance Company. State Farm was further named as a defendant in its capacity as Mario’s uninsured motorist insurance provider. In pretrial proceedings, the plaintiffs dismissed Ms. Decuir from the proceedings, but proceeded against State Farm as her insurer. By the time of the subject bench trial, the [1196]*1196only remaining defendant was State Farm, as insurer of Ms. Decuir.

|sThe trial court ultimately ruled in favor of the plaintiffs, apportioning 95% of fault to Ms. Decuir and the remaining 5% to Mr. Sampson. The trial court determined that both plaintiffs sustained soft tissue injuries. It awarded Sandalon $46,500.00 in general damages and $5,397.81 in past medical expenses. The trial court awarded Mario $35,200.00 in general damages and $7,377.73 in past medical expenses.

State Farm appeals, asserting that the trial court erred in: 1) failing to apply La.R.S. 32:866 to Sandalon’s claim as he was operating his vehicle without insurance; 2) its apportionment of fault; 3) awarding Mario pharmacy bills for certain medications that had been prescribed before the accident; 4) awarding excessive general damages to Sandalon for soft tissue injuries; and in 5) awarding general damages to Mario in light of prior accidents. We address these assignments out of order for purposes of discussion.

Discussion

Fault

Challenging the 95% apportionment of fault to Ms. Decuir, State Farm asserts that the trial court erred in failing to apportion at least some fault to Sandalon as the operator of the towed truck. It argues that although Ms. Decuir executed her turn onto the highway ahead of the two trucks, the trial court erred in its failure to apportion a larger percentage fault to Mr. Sampson, as he failed to safely regulate his speed as the driver of the lead truck. It also argues that the trial court erred in failing to apportion any fault to Sandalon, as he was unable to avoid contact with Mr. Sampson’s vehicle, despite the fact that he was a following vehicle being towed only one car length behind Mr. Sampson while traveling at speeds of fifty-five miles per hour.

14We first address State Farm’s argument that the trial court erred in its determination that Sandalon was not, to any degree, at fault for the accident. Louisiana Civil Code Article 2315 provides generally that: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” Additionally, La.Civ.Code art. 2316 provides that: “Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.”

Pursuant to the attendant duty-risk analysis, a finding of fault under the facts of a particular case requires proof that: 1) the actor had a duty to conform his or her conduct to a specific standard of care; 2) the actor failed to conform his or her conduct to that standard of care; 3) the substandard conduct was a cause-in-fact of the alleged injury; 4) the substandard conduct was a legal cause of the alleged injuries; and that 5) actual damages were sustained. S.J. v. Lafayette Par. Sch. Bd., 09-2195 (La. 7/6/10), 41 So.3d 1119. For review purposes, we are mindful that a determination as to whether a duty is owed is a question of law. Brewer v. J.B. Hunt Transport, Inc., 09-1408 (La. 3/16/10), 35 So.3d 230. However, a finding regarding whether a duty has been breached is a question of fact. Id.

With regard to State Farm’s characterization of Sandalon as a following driver, La.R.S. 32:81(A) provides that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.” Additionally, jurisprudence reflects a presumption of negligence when a following motorist is involved in a rear-end collision. See Brewer, 35 So.3d 230. However, that presumption is rebuttable. Id. The following motorist may establish that the unpre[1197]*1197dictable operation of the preceding vehicle created a situation which |5the following motorist could not reasonably have anticipated. Id. (citing Cheairs v. State, Dep’t of Transp. & Dev., 03-0680 (La. 12/3/03), 861 So.2d 536).

Assuming the applicability of La. R.S.

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206 So. 3d 1191, 16 La.App. 3 Cir. 506, 2016 La. App. LEXIS 2062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-sampson-lactapp-2016.