Magee v. Coats

598 So. 2d 531, 1992 WL 81958
CourtLouisiana Court of Appeal
DecidedApril 10, 1992
DocketCA 91 0345, CA 91 0346
StatusPublished
Cited by7 cases

This text of 598 So. 2d 531 (Magee v. Coats) 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
Magee v. Coats, 598 So. 2d 531, 1992 WL 81958 (La. Ct. App. 1992).

Opinion

598 So.2d 531 (1992)

Virginia D. Lott MAGEE, Individually and for and on Behalf of her Minor Children, Justin Reed Magee and Amanda Delaine Magee
v.
Willie F. COATS, Louisiana Farm Bureau Mutual Insurance Company and/or Southern Farm Bureau Casualty Insurance Company, State Farm Mutual Automobile Insurance Company.
Barbara Magee THOMPSON, for and on Behalf of her Minor Child, Krystal Magee THOMPSON
v.
Willie F. COATS, et al.

Nos. CA 91 0345, CA 91 0346.

Court of Appeal of Louisiana, First Circuit.

April 10, 1992.

*532 David Cheatham, Bogalusa, for plaintiff-appellant.

Larry J. Green, Covington, for plaintiffs-appellants Barbara and Krystal Thompson.

Bruce C. Dean, New Orleans, for defendant-appellee.

Before COVINGTON, C.J., and LeBLANC and WHIPPLE, JJ.

COVINGTON, Chief Judge.

These consolidated cases arise from a fatal automobile accident which occurred on May 14, 1984, when a pickup truck driven by defendant Willie F. Coats[1] collided with a 1981 Chevrolet Malibu driven by William Edmond Magee in Bogalusa, Louisiana. Magee was killed in the collision. His former wife, Barbara Magee Thompson, brought suit on behalf of her minor child, Krystal Magee Thompson, against Coats, his insurer, Louisiana Farm Bureau Mutual Insurance Company and/or Southern Farm Bureau Casualty Company,[2] and against State Farm Mutual Automobile Insurance Company, Magee's underinsured motorist carrier. His widow, Virginia Delaine Lott Magee, brought suit individually and on behalf of her minor children, Justin Reed Magee and Amanda Delaine Magee, against the same defendants.

The cases were settled as between Willie F. Coats and his insurer, Mississippi Farm Bureau, and plaintiffs, and Coats and Mississippi Farm Bureau were dismissed from the suit. The cases between plaintiffs and the remaining defendant, State Farm Mutual Automobile Insurance Company, were tried by jury. From an adverse judgment, plaintiffs appeal.

Plaintiffs urge two errors: first, the jury's finding that the fault of Willie F. Coats was not a legal cause of the accident, despite its finding that Willie F. Coats was at fault; and second, the trial court's failure to grant plaintiff's motion for judgment notwithstanding the verdict, or for new trial. Plaintiffs do not argue on appeal that the jury charges given by the judge at trial were erroneous, or either that the jury's answers to interrogatories were inconsistent with each other and inconsistent with the general verdict, or, alternatively, consistent with each other but inconsistent with the general verdict under La.Code Civ.Pro.Ann. art. 1813 D. and E. We note that were the latter problem posed, the entry of a judgment notwithstanding the verdict would not be appropriate. La.Code Civ.Pro.Ann. art. 1813 E. Plaintiffs did not at any time object to the jury instructions.

Plaintiffs also assigned as error the trial court's failure to grant their motion for judgment notwithstanding the verdict or, alternatively, for new trial under La. Code Civ.Pro.Ann. art. 1811. A trial court is not entitled to weigh the evidence, pass on the credibility of witnesses, or substitute its judgment of facts for that of the jury in considering a motion for judgment notwithstanding the verdict. Wooten v. Louisiana Power and Light Co., 477 So.2d *533 1142 (La.App. 1st Cir.1985). We agree with the trial court's denial of plaintiffs' motion.

FACTS

The accident occurred near the intersection of Sullivan Drive, a four-lane north-south state highway, and St. Louis Street in Bogalusa. Coats was headed south on Sullivan Drive. The speed limit on Sullivan Drive at that point is thirty-five miles per hour. Coats was traveling behind a ten-wheel loaded lumber truck driven by Steven Wheat.

Wheat was attempting to turn right onto St. Louis Street; he slowed down and put on his right turn signal. Coats pulled into the left-hand inside lane to go around Wheat. Wheat began making his turn and as he did so, he saw the Magee vehicle at the intersection of St. Louis Street and Sullivan Drive, at the stop sign. Wheat testified that as he began to make his right turn, he noticed the Coats truck on his left through the side mirror. He saw Magee pull out from the stop sign. Coats' pickup truck collided with the Magee vehicle at that point. Wheat saw Magee thrown across to the passenger side of the car. He was dead when the police arrived.

Wheat testified that he really could not say whether Coats was in a position to see Magee or not, and he could not testify as to how fast Coats was traveling. He testified that he often made such a right-hand turn in his truck, which was a two-ton Chevrolet truck with a twenty foot flatbed on the back of it. He didn't think Coats could have avoided the accident; it happened in just a matter of seconds.

Coats testified by video deposition that he was traveling about twenty-five yards behind the Wheat lumber truck; he testified that although he could not remember how fast he was going, he knew he was not traveling over the speed limit because he had just checked his speed because of the propensity of the Bogalusa police to issue tickets. When he was questioned at the police station, he stated that he was not traveling over the speed limit; however, he did not know what the speed limit was.

He believed the speed of the Magee vehicle was at least fifteen miles per hour at impact. Coats testified that the Magee vehicle "shot out like a bullet out of a gun" from the intersection. He didn't have time to stop or to swerve. He testified that by the time he hit his brakes, he hit the Magee vehicle. Coats had been a truck driver for thirteen and one-half years at the time of the accident.

Assistant Police Chief Harry Hoppen of the Bogalusa police department testified that he was dispatched by the radio dispatcher to the scene of the accident on May 14, 1984. Concerning damage to the Magee vehicle, he testified that the impact caused damage to the driver's side door, pushing it all the way into the steering column about sixteen inches. The headrest was dislodged from its mount and pushed to the right. He also testified that he had performed skid tests at the scene, and the skidmarks were twenty-four feet prior to impact on the front right and front left, and the same on the rear right and rear left before impact; after impact, the skidmarks were ten feet long. On cross-examination, Hoppen testified that the skidmarks were thirty-four feet before impact.

Raymond Burkhart testified for the plaintiffs as an expert in accident reconstruction. Mr. Burkhart is an attorney, a certified public accountant, and was a captain with the New Orleans police department; he has completed numerous courses in accident reconstruction. Burkhart testified that in his opinion there were three primary causative factors to the accident: the speed of the Coats vehicle just prior to the accident, the fact that both drivers' vision was obscured by the lumber truck; and the failure of Magee to yield the right of way to oncoming traffic. He testified that he visited the accident site twice and took different measurements; during the second visit, he and another expert in the case found the coefficient of friction to be.82, which varied from that found by another police officer who had made measurements of the skidmarks.

Burkhart used both the twenty-four feet and thirty-four feet measurements of skidmarks *534 to make his calculations. He determined that the speed of the Coats vehicle just prior to impact was forty-five miles per hour.

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Cite This Page — Counsel Stack

Bluebook (online)
598 So. 2d 531, 1992 WL 81958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/magee-v-coats-lactapp-1992.