Jones v. Thomas

660 So. 2d 86, 1995 WL 497380
CourtLouisiana Court of Appeal
DecidedAugust 23, 1995
Docket27140-CA
StatusPublished
Cited by11 cases

This text of 660 So. 2d 86 (Jones v. Thomas) 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
Jones v. Thomas, 660 So. 2d 86, 1995 WL 497380 (La. Ct. App. 1995).

Opinion

660 So.2d 86 (1995)

Lisa JONES, Plaintiff-Appellant
v.
Adrian C. THOMAS, Metro Transport of Louisiana, Inc. and Cigna Property and Casualty Insurance Co., Defendants-Appellees.

No. 27140-CA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 1995.
Writ Denied December 8, 1995.

*87 Bruscato, Tramonana & Underwood by Anthony J. Bruscato, Monroe, for appellant.

Hayes, Harkey, Smith & Cascio by Thomas M. Hayes, III, Monroe, for appellee.

Before SEXTON, LINDSAY and HIGHTOWER, JJ.

LINDSAY, Judge.

This case arises from a collision between an ambulance responding to an emergency call and the plaintiff's automobile which turned into its path. The driver of the automobile, Lisa Jones, was found to be 90% at fault in the accident, while the ambulance driver, Adrian Thomas, was only assessed 10% comparative fault. Ms. Jones was awarded general damages of $2,500.00 and special damages of $2,047.89, or a total of $4,547.89, subject to the 90% reduction as a *88 result of her fault. She appeals. For the reasons assigned below, we affirm the judgment of the trial court.

FACTS

The accident occurred at about 6 p.m. on January 8, 1993, near the intersection of North 18th Street and DeSiard Street in Monroe, Louisiana. DeSiard Street is a four-lane undivided road running east/west; North 18th Street is a two-lane street running north/south which deadends into DeSiard Street, forming a T-intersection on the north side of DeSiard. Ms. Jones was driving east on DeSiard and intended to turn left onto North 18th Street. She stopped at the red light at the T-intersection of these two streets. She was in the inside eastbound lane of DeSiard; although she testified that two other cars were stopped ahead of her, other witnesses maintained that she was the first car in that lane. The evidence demonstrated that between two and four cars were stopped to her right in the outside eastbound lane. While she was waiting for the light to change, she observed in her rear-view mirror that an ambulance was approaching directly behind her in her lane of traffic. The emergency signals and siren on the ambulance were operating, and it was blowing its horn.

The ambulance driven by Mr. Thomas was responding to an emergency, "priority 1" call involving a choking infant. Accompanying Mr. Thomas in the ambulance were a paramedic, Michael Phillip Johnson, and a trainee, Sheila Johnson Prestley. Mr. Johnson was seated in the front passenger seat, scanning a map for a quick route to their destination, while Ms. Prestley was seated in the captain's chair in the back, between the driver's seat and the front passenger's seat. The ambulance was proceeding east on DeSiard Street. At about 100 feet from the intersection of DeSiard and North 18th Street, the ambulance slowed to cross the double yellow line on DeSiard Street, moved into the inner lane of the westbound traffic, and then accelerated toward the intersection.

All other traffic in the area either remained stationary or pulled as far to the right side of the road as possible. Ms. Jones initially remained stationary. However, she then attempted to make her left turn onto North 18th Street. This maneuver placed her directly into the path of the ambulance, which struck the driver's side of her car. The ambulance pushed the car into an empty lot in the northeast corner of the intersection.

Ms. Jones' car was totalled in the collision. She testified that she also suffered multiple injuries to the left side of her body, including a shoulder injury, cuts to her face and left hand, muscle strain of the neck and back, and injury to her left elbow and ankle.

Ms. Jones filed suit against Mr. Thomas; his employer, Metro Transport of Louisiana, Inc.; and Metro's insurer, Cigna Property and Casualty Insurance Company. It was later determined that the proper name of the specific Cigna company insuring Metro was Insurance Company of North America.

Following a bench trial, the trial court assessed comparative fault as follows: 90% to Ms. Jones and 10% to Mr. Thomas. The court found that Ms. Jones was negligent in not yielding to the ambulance by pulling her car to the right or remaining in place; the court noted her testimony that it would have been inconvenient for her to go forward through the intersection instead of turning left. However, the trial court also found the ambulance driver at fault for not slowing down sufficiently when he approached the light. Although Ms. Jones was awarded general damages of $2,500.00 and special damages of $2,047.89, or a total of $4,547.89, this amount was reduced by the 90% fault assessment. Thus, her total award of damages amounted to $454.79. Also, 90% of the court costs were assessed against her.

Ms. Jones appeals, contending that the trial court erred in two regards: (1) it should have assessed more or all of the fault against the ambulance driver; and (2) it abused its discretion by awarding her only $2,500.00 in general damages for her multiple injuries.

The defendants did not appeal or answer the appeal.

*89 LIABILITY

The exception accorded to emergency vehicles from observing the general traffic regulations is found in LSA-R.S. 32:24, which provides, in pertinent part:

A. The driver of an authorized emergency vehicle, when responding to an emergency call, ... may exercise the privileges set forth in this Section, but subject to the conditions herein stated.
B. The driver of an authorized emergency vehicle may:
* * * * * *
(2) Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing the direction of movement or turning in specified directions.
C. The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals sufficient to warn motorists of their approach....
D. The foregoing provisions shall not relieve the driver of an authorized vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

LSA-R.S. 32:125 governs the procedure to be followed by other motorists on the approach of an authorized emergency vehicle. It states:

A. Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals, ... the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the highway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
B. This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

In Riggs v. State, 488 So.2d 443 (La.App. 3d Cir.1986), a collision occurred between a left-turning motorist and a state police car which was proceeding in the same direction in response to an emergency call.

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Cite This Page — Counsel Stack

Bluebook (online)
660 So. 2d 86, 1995 WL 497380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-thomas-lactapp-1995.