Jenkins v. Rougeau

702 So. 2d 841, 97 La.App. 3 Cir. 257, 1997 La. App. LEXIS 2396, 1997 WL 618944
CourtLouisiana Court of Appeal
DecidedOctober 8, 1997
DocketNo. 97-257
StatusPublished
Cited by3 cases

This text of 702 So. 2d 841 (Jenkins v. Rougeau) 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
Jenkins v. Rougeau, 702 So. 2d 841, 97 La.App. 3 Cir. 257, 1997 La. App. LEXIS 2396, 1997 WL 618944 (La. Ct. App. 1997).

Opinion

liAMY, Judge.

In this case involving injuries allegedly sustained as a result of an intersectional collision, the jury found that the defendant, Savanne D. Rougeau, was 50% at fault for the accident. The jury awarded the plaintiff, Sharron Jenkins, $10,000.00 in general damages. Additionally, the jury found that the defendant’s insurer, Clarendon America Insurance Company, breached the duty of good faith and fair dealing in settling the claim. The jury awarded the plaintiff $5,000.00 in penalties as a result of this breach. For the following reasons, we reverse the jury’s apportionment of fault to the defendant and the finding that the defendant’s insurance company breached its duty of good faith and fair dealing in settling the claim.

DISCUSSION OF THE RECORD

The automobile accident at issue in this case occurred in Eunice, Louisiana on December 18, 1994. In the petition instituting the matter now before this court, the plaintiff, Sharron Jenkins, alleged that, on the morning of the accident, she was a 12guest passenger in a vehicle driven by her sister, Pamela M. Jenkins. Further, she alleges that upon entering the intersection of Highway 198 and Martin Luther King Drive, the vehicle in which she was traveling had the right-of-way at the light and that it was struck by the vehicle driven by the defendant, Savanne D. Rougeau.1 The plaintiff maintained in the petition that “[t]he defendant acted in a reckless and negligent manner by ignoring the traffic signal, which was red.” Additionally, the plaintiff maintained that she was severely injured as a result of the defendant’s alleged negligence, namely: a broken leg for which she was hospitalized and received surgery. The plaintiff sought general damages, both past and future medical expenses, and lost wages. Additionally, the plaintiff named Ms. Rougeau’s insurer, Clarendon America Insurance Co. (Clarendon), as a defendant and sought excess judgment “due to bad faith for denying the claim of [the plaintiff.]”

A jury trial was held on October 28, 1995, at which, the jury found that both the defendant and Pamela Jenkins were 50% responsible for the accident and awarded the plaintiff $10,000.00 in general damages. The jury did not make any award for medical expenses or lost wages. Finally, the jury found that Clarendon had breached its duty of good faith and fair dealing and, accordingly, awarded $5,000.00 for this breach. Both parties now appeal.

The plaintiff argues that the trial court erred in the following: (1) Awarding inadequate general damages; (2) Failing to award any damages for past lost wages, diminished earning capacity, and past and future medical expenses; (3) Awarding honly $5,000.00 for Clarendon’s breach of the duty of good faith and fair dealing; and (4) Assessing 50% of the fault for the accident to Pamela Jenkins.

Additionally, Ms. Rougeau and Clarendon assert that the trial court erred in the following: (1) Finding that Clarendon breached its duty of good faith and fair dealing; (2) Finding that Ms. Rougeau was negligent and that her conduct was a proximate or legal cause of the accident; and (3) Attributing 50% of the fault for the accident to Ms. Rougeau.

LAW

Apportionment of Fault

Both parties assert as error, the jury’s apportionment of 50% of the fault to each of the drivers. The plaintiff contends that the record supports a 100% allocation of fault to [843]*843the defendant while, in turn, the defendant maintains that all of the fault should have been allocated to Pamela Jenkins.

A court of appeal may not set aside a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989). Further, if “there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable.” Id. at 844.

However, if a court of appeal finds that a reversible error of law or manifest error of material fact was made in the lower court, the court, whenever possible, is required to review the facts de novo from the entire record and render a judgment onjjthe merits. Ferrell v. Fireman’s Fund Ins. Co., 94-1252 (La.2/20/95); 650 So.2d 742.

In the present ease, the jury found both the defendant and Pamela Jenkins 50% at fault for the accident. Such a verdict indicates that the jury found that one of the parties had the right-of-way, but that she was negligent in failing to see the oncoming car and preventing the accident. Our review of the record, in particular, the questions directed to the defendant by the plaintiffs attorney at trial, indicates that the jury most likely found that the defendant had the green light but was negligent in failing to stop. We cannot reconcile such a verdict given the record and the law now before us.

This court has recently spoken regarding the duty of a driver who has the right-of-way at a traffic signal.

A motorist approaching an intersection controlled by semaphore signals, who is favored by a green light, is entitled to assume that traffic approaching the intersection from either side on a red light will comply with the red light and respect his right-of-way. Bourgeois v. Francois, 245 La. 875, 161 So.2d 750 (La.1964); Carter v. New Orleans Public Service, Inc., 305 So.2d 481 (La.1974). The favored motorist is not obligated to look to his left or right before entering the intersection. Correge v. Webb, 284 So.2d 355 (La.App. 4th Cir. 1973, writ refused); Bradley v. Allstate Insurance Co., [307 So.2d 132], supra; Keyser v. Triplett, 322 So.2d 294 (La.App. 1st Cir.1975, writ refused); Welton v. Falcon, 341 So.2d 564 (La.App. 4th Cir.1976, writs refused), and will be held accountable only if he could have avoided the accident with the exercise of the slightest degree of care and fails to do so. Bradley v. Allstate Insurance Co., supra; Bourgeois v. Francois, supra. All that is required is that the favored motorist maintain a general observation of the controlled intersection. Jordan v. Great American Insurance Company, 248 So.2d 363 (La.App. 4th Cir.1971); Modica v. Manchester Insurance & Indemnity Co., 284 So.2d 791 (La.App. 4 Cir.1973).

Baudoin v. Opie, 96-269, p. 3 (La.App. 3 Cir. 12/11/96); 685 So.2d 553, 555-56 (quoting Champagne v. McDonald, 355 So.2d 1335, 1343-44 (La.App. 3 Cir.1978)).

As previously stated, the defendant and Pamela and Sharron Jenkins testified that they entered the intersection on a green light. Pamela Jenkins stated, that she and the plaintiff were traveling to Natchitoches, Louisiana on the day of the accident. However, they became lost and were looking for a way onto the highway at the time of the accident. She stated that she had never been to the intersection before, but that she remembers that her light was green. Pamela Jenkins’ version of events was confirmed by the plaintiffs testimony, who also stated that the two were lost and that they entered the intersection under a green light.

However, the defendant contradicted the Jenkins sisters’ recollections by testifying that she remembered the light being green when she entered the intersection. The defendant related the following recollection of events:

I went to the shopping center, and I passed in the back of IGA store and hit Martin Luther King.

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Bluebook (online)
702 So. 2d 841, 97 La.App. 3 Cir. 257, 1997 La. App. LEXIS 2396, 1997 WL 618944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-rougeau-lactapp-1997.