James v. State Farm Mut. Auto. Ins. Co.

597 So. 2d 555, 1992 WL 46326
CourtLouisiana Court of Appeal
DecidedMarch 6, 1992
Docket91 CA 0101
StatusPublished
Cited by12 cases

This text of 597 So. 2d 555 (James v. State Farm Mut. Auto. Ins. 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
James v. State Farm Mut. Auto. Ins. Co., 597 So. 2d 555, 1992 WL 46326 (La. Ct. App. 1992).

Opinion

597 So.2d 555 (1992)

Pearlie JAMES, Juanita Viverette on Behalf of the Minor Child Condria Wicker, and Shirley Viverette
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and Shelia Lewis Barnett.

No. 91 CA 0101.

Court of Appeal of Louisiana, First Circuit.

March 6, 1992.

*556 James A. Wattigny, Hammond, for plaintiff-appellee.

Stacey Moak, Baton Rouge, for defendant-appellant La. Dept. of Transp. & Development.

Tom Matheny, Hammond, for defendant-appellant La. Dept. of Public Safety and Trooper Joe Guthrie.

Before LOTTINGER, EDWARDS and GONZALES, JJ.

LOTTINGER, Judge.

This appeal comes to us from a judgment casting the State of Louisiana, Department of Transportation and Development (DOTD), for 70% of the damages resulting from an intersectional collision. Plaintiffs have answered the appeal contending that the trial court assessed too high a percentage of fault, 30%, to another defendant, Shelia Barnett, the driver of the vehicle in which the injured and killed parties were riding. All parties challenge the trial court's factual findings, the percentages of fault assigned, and the general damages awarded.

FACTS

This accident occurred on March 4, 1986, shortly after 8:00 p.m., at the intersection of Louisiana Highways 440 and 450, just east of the Tangipahoa/Washington Parish line. Highway 450 intersects Highway 440 in a "T" with Highway 450 running north from Highway 440, which runs east-west at this location. To the south of the intersection is a small grocery store with a parking lot between it and the eastbound lane of Highway 440. The intersection lies just west of the crest of a low hill that appears, *557 in photographs of the scene, to drop at a greater slope toward the east.

On the night of the accident, Barnett was driving three friends to watch a basketball game in Mount Hermon. Shirley Viverette occupied the front passenger seat while Condria Wicker and Lisa Taylor occupied the rear seats. Barnett testified that she had previously been to Mount Hermon several times via Highways 440 and 450, but that this was her first time driving this route; she had previously made such trips as a passenger on school buses and in other cars.

Barnett approached the intersection from the west, on Highway 440, while approaching her from the east was Louisiana State Trooper Joe Guthrie, Jr., on his way home from work. Guthrie testified that he has lived in the area of the intersection and traversed it almost daily during the past 13 years. Guthrie described what he saw as the accident unfolded before him. As he topped the hillcrest, he saw the oncoming Barnett vehicle in his lane. He immediately realized there would be a head-on collision. He slammed on his brakes, skidding until he hit the Barnett vehicle which was west of the intersection. The impact spun his car around, and down the road until it came to a rest facing opposite the direction he had originally travelled.

After exiting his vehicle, Trooper Guthrie examined the occupants of Barnett's vehicle, who were strewn about the intersection. Barnett's Ford Tempo had come apart along a floor seam behind the front passenger seat, and the roof had separated from the windshield pillars at their top. The vehicle was essentially halved, throwing Barnett, Viverette, Wicker, and Taylor from their seats. None of them wore a seatbelt.

Barnett, Viverette, and Wicker appeared to be in fairly good condition to Trooper Guthrie, but Lisa Taylor did not. Guthrie found her lying on the bank of a ditch, unconscious but with her eyes open and the pupils different sizes, indicating to him a head injury. She was breathing in a raspy, coarse manner, indicating that she had sustained internal injuries. Following a brief stabilization period in a local hospital, Taylor and Wicker were airlifted to Ochsner Hospital. Taylor died there at 1:46 a.m. as a result of multiple traumatic injuries, and hemorrhaging.

Lisa Taylor's mother, Pearlie James, and Condria Wicker's mother, Juanita Viverette, filed suit with Shirley Viverette against Barnett and her insurer, State Farm Mutual Automobile Insurance Company (State Farm). Wicker was a minor at the time of the accident and the trial. Later the suit was amended to add the State of Louisiana, through the DOTD, and the Department of Public Safety and Corrections, as well as Trooper Guthrie individually. Guthrie was also an individually named defendant. The Viverettes settled with Barnett and State Farm prior to trial, via a "Restricted Joint Motion to Dismiss With Prejudice," and James released Barnett and State Farm via a "Motion for Authority to Withdraw Funds Into the Registry of the Court," which conditioned receipt of the funds upon the compromise. Thus, the defendants at the time of trial were the State through the DOTD, Department of Public Safety and Corrections, and Trooper Guthrie.

Following trial, the court entered judgment in favor of the plaintiffs, assessing 70% fault to DOTD for allowing this intersection to remain in a defective condition despite having been aware of prior accidents involving left turns. The trial court also assessed 30% fault to Shelia Barnett for beginning her turn, onto Highway 450, at too early a point to safely cross the intersection. The trial court found that Trooper Guthrie and the Department of Public Safety and Corrections were not negligent, and dismissed the plaintiffs' claims against them.

ASSIGNMENTS OF ERROR

In appealing, DOTD assigns as error the following:

(1) The trial court erred in permitting the case to be tried against the State in Tangipahoa Parish.
*558 (2) The trial court erred in failing to hold Shelia Barnett solely responsible for the accident.
(3) The trial court awarded excessive general damages to Pearlie James.
(4) The trial court erred in failing to reduce the plaintiffs' awards by the percentage of fault assessed against Shelia Barnett.

ANSWER TO THE APPEAL

In answering the appeal, the plaintiffs assign as error the following:

(1) The trial court assigned improper weight to the testimony of Department of Public Safety and Corrections employees, and Trooper Guthrie, and in accepting them as expert witnesses in the field of accident reconstruction.
(2) The trial court failed to find the Department of Public Safety and Corrections, and Trooper Guthrie, liable to plaintiffs.
(3) The trial court assigned an excessive percentage of fault to Shelia Barnett.
(4) The trial court awarded an inadequate amount of general damages to plaintiffs.

For convenience, we will discuss these assignments of error in a different order than that in which they are presented. We will also, without specifying them, address one or more assignments of error together.

VENUE

In this assignment of error, the State argues that La.R.S. 13:5104(A)[1] contains a mandatory venue provision similar to that contained in La.R.S. 13:5104(B)[2], requiring that the plaintiffs in this suit file their petition in East Baton Rouge Parish or Washington Parish, but not in Tangipahoa Parish.

Even the most cursory reading of these two provisions indicates an important difference, a difference highlighted by the proximity of the two provisions. In section 5104(A) the word "may" allows additional venues for a suit against the State or one of its agencies; in section 5104(B) the word "shall" requires that a certain venue be used. See

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Juneau v. State
956 So. 2d 728 (Louisiana Court of Appeal, 2007)
Kenny Ray Juneau v. State of Louisiana
Louisiana Court of Appeal, 2007
Colvin v. LOUISIANA PATIENT'S COMP. FUND
947 So. 2d 15 (Supreme Court of Louisiana, 2007)
Williams v. State ex rel. Department of Social Services
813 So. 2d 1206 (Louisiana Court of Appeal, 2002)
Williams v. STATE EX REL. DEPT. OF SS
813 So. 2d 1206 (Louisiana Court of Appeal, 2002)
Washington v. Entergy Corp.
729 So. 2d 127 (Louisiana Court of Appeal, 1999)
Turner v. Parish of Jefferson Through Dept. of Recreation
721 So. 2d 64 (Louisiana Court of Appeal, 1998)
Hattori v. Peairs
662 So. 2d 509 (Louisiana Court of Appeal, 1995)
Abshire v. State, Through Dept. of Ins.
636 So. 2d 627 (Louisiana Court of Appeal, 1994)
Longman v. Allstate Ins. Co.
635 So. 2d 343 (Louisiana Court of Appeal, 1994)
First National Bank of Houma v. Bailey
625 So. 2d 588 (Louisiana Court of Appeal, 1993)
Rick v. State, Through DOTD
619 So. 2d 1149 (Louisiana Court of Appeal, 1993)
Johnson v. Gantt
606 So. 2d 854 (Louisiana Court of Appeal, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
597 So. 2d 555, 1992 WL 46326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-state-farm-mut-auto-ins-co-lactapp-1992.