Lewis v. Smith

920 So. 2d 920, 2006 WL 167702
CourtLouisiana Court of Appeal
DecidedJanuary 25, 2006
Docket40,590-CA
StatusPublished
Cited by5 cases

This text of 920 So. 2d 920 (Lewis v. Smith) 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
Lewis v. Smith, 920 So. 2d 920, 2006 WL 167702 (La. Ct. App. 2006).

Opinion

920 So.2d 920 (2006)

Kenneth E. LEWIS, Plaintiff-Appellant
v.
James C. SMITH and Continental Insurance Company, Defendants-Appellees.

No. 40,590-CA.

Court of Appeal of Louisiana, Second Circuit.

January 25, 2006.

*922 Ronald Kip Gates, Monroe, for Appellant.

Voorhies & Labbé by Cyd Sheree Page, Monroe, for Appellees James C. Smith and Continental Ins. Co.

Before WILLIAMS, STEWART and MOORE, JJ.

STEWART, J.

The plaintiff, Kenneth Lewis, filed this tort action after he was involved in an auto accident with the defendant, James Smith. Lewis claimed that he had a green light to proceed through the intersection, whereas Smith, who was traveling from the opposite direction of Lewis, claimed that he had a green arrow to turn left through the intersection. Based on a credibility determination, the trial court found that Smith had the green arrow and denied Lewis's claim. We find no error in this judgment and affirm.

FACTS

The collision happened on December 20, 2002, on a sunny afternoon in Monroe at the intersection of U.S. Highway 80 (named Louisville Avenue in the city) and North Third Street. Louisville Avenue is a four-lane road; North Third is a two-lane road. Smith was driving his Cadillac in the inside lane eastbound on Louisville; at the same time, Lewis was driving his Chevy pickup truck westbound on Louisville. Both were headed toward the intersection with North Third Street, where Smith intended to take a left turn at the traffic light.

Smith said that the traffic signal turned red as he was approaching it. So, he stopped his car behind an SUV that had stopped in front of him. Smith testified that another vehicle was stopped across the intersection in the inside westbound lane. According to Smith, the traffic signal changed to show a green left turn arrow in his favor. The SUV in front of him made a left turn across the intersection, and Smith followed into the intersection under the green arrow to make his left turn.

Lewis, who formerly was a bus driver in Monroe, testified that he was very familiar with the sequence of lights on Louisville and that he knew from past experience that after passing through green lights at Fifth and Fourth Streets, the light at the intersection of North Third would change to green as he approached it. He testified that as he approached the intersection with North Third Street, the light was red and a vehicle was stopped in the inside westbound lane ahead of him. Lewis said that he changed lanes to go around the vehicle as the light turned green, and he proceeded to go through the *923 intersection. When Lewis entered the intersection, the front of his truck collided with the passenger side of Smith's car. Lewis and his passenger sustained some injuries as a result of the crash, and a photo of Lewis's truck shows heavy damage to the front end.

The force of the collision pushed Smith's car into the southbound lane of North Third Street where it hit a car stopped at the traffic light. That car was driven by Lisa Parker. Parker said that the light facing her on North Third was red when she pulled to a stop at the intersection. She then began "digging in [her] purse" and did not look at the traffic light again, even after the accident. Parker did not see the accident happen. She testified that she had no idea how long she stayed at the light before the accident, but she guessed that it was "[p]robably less than a minute."

Another witness, Donna McCarty, also heard but did not see the accident happen. McCarty was at a Cracker Barrel/ Texaco store on the northeast corner of the intersection. As she was walking to her car, she glanced at the traffic on Louisville and saw a westbound vehicle stopped on the inside lane of Louisville at the traffic light. She also saw Lewis's vehicle change lanes to go around the car stopped at the traffic light. McCarty got into her car and heard the crash. She then exited her car. She testified that it was at most 10 seconds from the time she heard the crash to when she looked at the light at the intersection and saw that it was red for traffic on North Third Street. She could not see the lights controlling traffic on Louisville. McCarty went to the accident scene to check on the occupants of the vehicles, and she told Smith that she did not believe he was at fault.

The police officer who responded to the accident interviewed McCarty and wrote that she said the southbound signal on North Third was green. This led the officer to believe that Smith did not have a green arrow. At trial, McCarty disputed the correctness of the officer's report and stated that she told him the light was red. She believed that the officer simply misunderstood her. The officer's accident report, which was admitted into evidence, also states that Lewis said he was blinded by the sunlight just before the crash. Lewis denied that he said this. The correctness of the accident report in noting Lewis's lane of travel and the point of impact was also disputed at trial. The officer ticketed Smith at the accident scene. Smith testified that "when [the officer] looked at me [sic] drivers' license and saw that I was eighty-two years old, that shut it down right there. He didn't have nothing else to say to me. I was an old man."

Among the items introduced into evidence was a "traffic signal inventory" report and cover letter prepared by an engineer with the Louisiana Department of Transportation and Development ("DOTD"). No one from DOTD testified even though the report is far from self-explanatory. The cover letter describes the operation of the traffic signals at Louisville and North Third and explains that the eastbound left turn arrow on Louisville and the southbound right turn arrow on North Third are displayed at approximately the same time.

After taking the case under advisement, the trial court rejected Lewis's demand. The trial court prepared a judgment utilizing an unusual form with attached reasons for judgment prepared in a chart format designated as "Exhibit A" to *924 the judgment.[1] In its judgment, the trial court concluded that Smith had the green arrow. In "Exhibit A," the court presented a grid of its impressions of the testimony and other evidence which it described as the seven factors used to decide the case. The trial court found Smith to have "very high credibility and accuracy in all things." The trial court also noted that Lewis's testimony "added credibility to Defendant's [Smith's] ultimate testimony" and that Parker's testimony also supported Smith's version of the accident. From the adverse judgment, Lewis now appeals.

DISCUSSION

In his assignments of error, Lewis asserts that the trial court did not apply the presumption of liability against Smith, the left-turning motorist. Lewis asserts that the trial court did not place the burden on Smith of proving that he was free from negligence in making the left turn. Lewis urges this court to conduct a de novo review of the record due to the trial court's failure to apply the law governing claims against left-turning motorists. Lewis also asserts manifest error in the trial court's finding that Smith had the green arrow.

An appellate court may not set aside a trial court's finding of fact in the absence of manifest error or unless such finding is clearly wrong. Stobart v. State, through DOTD, 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989); Brown v. Brookshire's Grocery Co., 38,216 (La.App.2d Cir.3/12/04), 868 So.2d 297.

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Cite This Page — Counsel Stack

Bluebook (online)
920 So. 2d 920, 2006 WL 167702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-smith-lactapp-2006.