Johnston v. Shelton

961 So. 2d 582, 2007 La. App. LEXIS 1356, 2007 WL 1828074
CourtLouisiana Court of Appeal
DecidedJune 27, 2007
DocketNo. 42,103-CA
StatusPublished
Cited by3 cases

This text of 961 So. 2d 582 (Johnston v. Shelton) 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
Johnston v. Shelton, 961 So. 2d 582, 2007 La. App. LEXIS 1356, 2007 WL 1828074 (La. Ct. App. 2007).

Opinion

DREW, J.

hOn the morning of May 22, 2004, Mickey Johnston operated a 1999 Chevrolet Metro car owned by Double J Distributing Company, LLC, and insured by State Farm. In the intersection at the southwest corner of the courthouse square in Homer, his eastbound vehicle crashed with a southbound 1996 Ford Taurus owned and operated by Alvin Shelton, who was also insured by State Farm. Both drivers contended they had the green light when they drove into the intersection and collided.

Johnston contended that he entered the intersection protected by a green light and that Shelton ran a red light and struck him. Johnston alleged, that his car was totaled and he sustained injuries. After initially suing Shelton and State Farm, Johnston amended the petition adding Double J as a plaintiff. In addition, Johnston sued State Farm as uninsured/under-insured motorist insurer for himself and Double J. Shelton and State Farm responded, alleging that the accident was caused by Johnston’s negligent operation of his vehicle in failing to obey traffic signals, to keep a proper lookout, and to yield.

Prior to trial, the parties jointly stipulated that the individual claims of the parties did not exceed $50,000 exclusive of costs and interest. They further stipulated that the Double J vehicle operated by Johnston was insured by State Farm under policy # 78 4305-B10-18A issued to Double J. Under medpay coverage of the [584]*584Double J policy # 78 4305-B10-18A, State Farm paid medical expenses to Johnston of $4,335.90.

After hearing the testimony and receiving the evidence, the trial court apportioned 20% of the fault to Johnston and 80% of the fault to Shelton. | {.While Johnston sought to recover medical expenses of $47,056.46, the trial court found he was entitled to special medical expenses of $6,180.46 attributable to the accident. The amount of awarded medical expenses are not at issue in this appeal. In addition, the trial court awarded Johnston general damages of $25,000. The judgment of the trial court is affirmed.

TESTIMONY

Homer Police Chief Russell Mills investigated the accident and was unable to determine fault. When he arrived on the scene, he found that Johnston “had a pretty good knot on his head.” Johnston reported he traveled east on South Main toward the square. He had a green light as he approached the intersection and continued on into the intersection where Shelton’s car struck his.

Shelton told the chief he was driving south on Highway 79 along the west side of the Homer town square. Further, the light was green and he drove into the intersection.

Chief Mills found a yaw mark from the left rear tire of the Johnston ear which indicated the path of Johnston’s car after the wreck. The chief said that the dent on the rear door on the driver’s side occurred when the front of Shelton’s car struck Johnston’s. The dent just between the driver’s side front tire and the driver’s side front door resulted from the impact of Johnston’s car with the telephone pole after the car skidded into it. The chief stated the wreck was in the eastbound lane on the southern side of the intersection.

1 aJohnston’s testimony was that he traveled very slowly east on South Main so he would not have to stop at the red light. About ten feet from the intersection, he saw the light governing southbound traffic on Highway 79 turn from green to yellow. Johnston said he was barely moving and did not stop because he knew the light would be red for southbound traffic on Highway 79. He entered the intersection and saw Shelton’s vehicle in his peripheral vision. Although he tried to increase his speed to avoid the collision, his vehicle did not have sufficient power to get out of the way. Shelton’s vehicle struck the left rear door of Johnston’s vehicle, which was spun around and into a pole on his left front bumper.

Shelton’s version was that he was traveling south on Highway 79 and entered the north side of the courthouse square and observed that the light at the Highway 79 intersection with South Main was green. When he was at the southwest intersection, the light turned yellow. He felt and heard the impact before he saw Johnston’s car. Shelton’s right front bumper and headlight were damaged. Shelton’s car was insured by State Farm under a policy issued to him and his wife.

REASONS FOR JUDGMENT

The trial court noted that Johnston was driving east on South Main, which runs east and west along the south side of the Claiborne Parish courthouse square. All four sides of the streets running around the courthouse square are one way and are part of U.S. Highway 79. Shelton was traveling south on West Main (Highway 79), which runs along the west side of the courthouse square. Northbound drivers on Highway 79 had to |4traverse three sides of the square on South Main, East Main, and North Main to proceed north on [585]*585West Main (all Highway 79). Southbound drivers on Highway 79 had to drive down only one side of the square on West Main (also Highway 79) to continue south on West Main/Highway 79. The trial court stated that neither South Main nor West Main had priority status and both streets were controlled by traffic lights.

The trial court found that both Johnston and Shelton, the only witnesses, were credible and told the truth about the facts of the collision as they understood them. Based upon the point of impact at the left rear door of Johnston’s car, the trial court decided that Johnston’s car had preempted the intersection when the crash occurred. Shelton should have seen Johnston’s car before impact. Johnston’s testimony was that he never intended to stop at the intersection. The trial court found that Johnston began traveling through the intersection when he saw the light governing West Main (southbound Highway 79) turn from green to yellow. Had Johnston been reasonably prudent, he should have seen Shelton’s car. Both drivers chose to drive into the intersection when the light governing southbound Highway 79 (West Main on which Shelton was driving) turned yellow without checking for other motorists. Because Johnston’s car had almost cleared the intersection when struck, the trial court fixed Shelton’s fault at 80% and Johnston’s at 20%.

Based upon Johnston’s failure to provide documentary evidence of the loss of income to both himself and Double J, the trial court declined to award either with loss of income. Moreover, although both Johnston and |5Double J suffered loss of use of the totaled vehicle, there was no proof as to the value of the claims, so the trial court made no award.

As to Johnston’s physical injuries, State Farm paid $4,335.90 while Johnston contended his medical bills totaled $47,056.46. Based upon medical testimony, the trial court disallowed as unrelated to the collision Johnston’s claims for injuries and surgeries on his shoulder and knee. Finding medical support for Johnston’s post-concussion syndrome a year after the accident, the trial court awarded Johnston special medical expenses of $6,180.46 attributable to the accident. In addition, the trial court awarded Johnston general damages of $25,000 due to past and present pain and suffering and loss of enjoyment of life. Johnston continued to suffer from pain and depression along with facial discoloration due to trauma to his left eye and decreased physical vigor. Both awards were reduced by 20% attributable to Johnston’s fault.

DISCUSSION

Fault

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
961 So. 2d 582, 2007 La. App. LEXIS 1356, 2007 WL 1828074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-shelton-lactapp-2007.