Libersat v. J & K TRUCKING, INC.

772 So. 2d 173, 2000 WL 1509312
CourtLouisiana Court of Appeal
DecidedOctober 11, 2000
Docket00-00192-CA
StatusPublished
Cited by35 cases

This text of 772 So. 2d 173 (Libersat v. J & K TRUCKING, INC.) 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
Libersat v. J & K TRUCKING, INC., 772 So. 2d 173, 2000 WL 1509312 (La. Ct. App. 2000).

Opinion

772 So.2d 173 (2000)

Judy LIBERSAT, et al.
v.
J & K TRUCKING, INC. and National Union Fire Insurance.

No. 00-00192-CA.

Court of Appeal of Louisiana, Third Circuit.

October 11, 2000.
Rehearing Denied December 13, 2000.

*174 R. Chadwick Edwards, Jr., Edwards & Edwards, Abbeville, Louisiana, Counsel for Plaintiffs-Appellants.

James L. Pate and Susan Stagg Robinson, Laborde & Neuner, Lafayette, Louisiana, Attorneys for Defendants-Appellees.

Court composed of ULYSSES GENE THIBODEAUX, JOHN D. SAUNDERS, and MARC T. AMY, Judges.

SAUNDERS, Judge.

This case arose out of an auto accident between Chad Mitchell and James Libersat which resulted in Mr. Libersat's death. The wife and daughters of James Libersat brought wrongful death and survival actions against the Defendants, J & K Trucking, Inc., Union Fire Insurance Company, and Patterson Truck Line, Inc. At trial, the jury ruled in favor of the Defendants. We affirm.

FACTS

On January 25, 1996 at approximately 7:46 p.m., Chad Mitchell was driving northbound on Johnston Street (Highway 167) in a 1994 Ford truck with a flatbed trailer. Mr. Mitchell was returning from Intracoastal City after dropping off a load of pipe on behalf of his employer Patterson Truck Line, Inc. Shortly after passing the intersection of Johnston Street and H. Mouton Road, Mr. Mitchell received a page. Mr. Mitchell then began to make a U-turn at a break in the highway located immediately north of the Johnston-Mouton intersection so that he could stop at a Jet-24 service station to check his page.

At approximately the same time, Mr. James Libersat was traveling northward in the left lane of Johnston Street. According to his wife, Ms. Judy Libersat, Mr. Libersat left his residence in Kaplan, Louisiana shortly after 7:00 p.m. to purchase an AC/Heater thermostat at Lowe's in Lafayette.

While Mr. Mitchell was making his U-turn, Mr. Libersat's 1996 Dodge Caravan struck the trailer attached to Mr. Mitchell's truck. Mr. Libersat's van collided with the trailer and then crossed the south bound lanes of Johnston Street before coming to rest in a ditch. Mr. Libersat died on the scene from injuries sustained in the accident.

After the accident, the wife and daughters of James Libersat brought wrongful death and survival actions against the Defendants, J & K Trucking, Inc., Union *175 Fire Insurance Company, and Patterson Truck Line, Inc. At trial, the jury ruled in favor of the Defendants. James Libersat's wife and daughters, Appellants, filed the instant appeal.

LAW AND ANALYSIS

ASSIGNMENTS OF ERROR

On appeal, Appellants seek reversal of the trial court's decision based on the following five assignments of error:

1. The jury's verdict that Chad Mitchell was not negligent was clearly wrong and reasonable minds could not conclude that no negligence arose from Mr. Mitchell's conduct.
A. Chad Mitchell admitted he never saw Mr. Libersat and was unaware that his trailer was blocking traffic.
B. Mr. Mitchell's decision to make a U-turn at night where there was no left turn lane is negligence under a duty-risk analysis.
2. The trial court erred in failing to instruct the jury as to the applicable law relating to the "rear-end presumption" in that the instructions failed to provide the correct principles of law, such as:
A. the exceptions to the "rear-end presumption" of negligence;
B. the duties imposed upon Mr. Mitchell as a professional driver in undertaking a U-turn;
C. the presumptions favoring Mr. Libersat: (i) clear road, (ii) trailers are classified as an unusual vehicle difficult to see at night, and (iii) deceased presumption as to a reasonable response;
D. a full explanation of the duty-risk analysis;
E. a charge of comparative fault.
3. The trial court erred in refusing to charge the jury as to Patterson's potential liability and negligence:
A. in splitting Plaintiffs' cause of action against Patterson into the various theories of negligence;
B. in refusing to charge the jury as to Patterson's possible liability.
4. The trial court abused its discretion in refusing to allow evidence of Mr. Mitchell's driving record to be presented.
5. The trial court erred in failing to admonish the jury to disregard expert testimony which violated the court's earlier ruling in limine.

The court will address each of these assignments of error in turn.

JURY'S VERDICT OF NO NEGLIGENCE

In Appellants' first assignment of error, they allege the jury's finding that Chad Mitchell's conduct was not negligent is clearly wrong. The supreme court set forth the applicable standard of review for jury decisions in Guillory v. Insurance Company of North America, 96-1084 (La.4/8/97); 692 So.2d 1029. Under Guillory, a jury's findings of fact are entitled to great deference and may not be overturned unless they are manifestly erroneous. A court of appeal may not reverse a jury's findings of fact unless (1) there is no reasonable basis for those findings, and (2) the findings are clearly wrong. Id., citing Stobart v. State, Through DOTD, 92-1328 (La.4/12/93); 617 So.2d 880; Weatherford v. Commercial Union Ins., 94-1793, 94-1927 (La.2/20/95); 650 So.2d 763.

At trial, the Defendants produced a substantial amount of evidence which indicated Mr. Mitchell was not negligent. The Defendants presented Mr. Mitchell who testified as to what actions he had taken that night. Mr. Mitchell testified that when he decided to turn around, he put on his left turn signal, looked to determine whether he could safely change lanes, and then changed lanes. Mr. Mitchell stated that he then slowed his vehicle by applying his brakes and by down-shifting, pulled into a median crossover in the highway, waited for oncoming traffic, and was then struck in the rear by Mr. Libersat.

*176 In addition, the Defendants presented the testimony of two officers that substantiated Mr. Mitchell's testimony and indicated that he was not negligent. Officer Theriot, a member of the Lafayette City Police, who witnessed the accident, testified at trial. His testimony concurred with Mr. Mitchell's testimony. Officer Theriot confirmed that Mr. Mitchell had properly signaled his turn and that he had kept his vehicle in the proper lane of traffic prior to making the turn. The investigating officer, Jimilly Albarado, testified that Mr. Mitchell's tractor-trailer and its brake and signal lights were functioning properly after the accident and that the tractor-trailer complied with all required regulations. Following his investigation, Officer Albarado concluded that, "a contributing factor to this accident is that Mr. Libersat was possibly inattentive or distracted at the time of the collision" and that Mr. Libersat "apparently did not see" Mitchell's truck "whose lights were all illuminated, and slowing to make a turn."

Our review of the record reveals that there was a reasonable basis for the jury's finding that Chad Mitchell was not negligent and that the jury's finding was not clearly wrong.

JURY INSTRUCTIONS

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772 So. 2d 173, 2000 WL 1509312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/libersat-v-j-k-trucking-inc-lactapp-2000.