McCullin v. US Agencies Cas. Ins. Co.

786 So. 2d 269, 2001 WL 487448
CourtLouisiana Court of Appeal
DecidedMay 9, 2001
Docket34,661-CA
StatusPublished
Cited by19 cases

This text of 786 So. 2d 269 (McCullin v. US Agencies Cas. Ins. Co.) 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
McCullin v. US Agencies Cas. Ins. Co., 786 So. 2d 269, 2001 WL 487448 (La. Ct. App. 2001).

Opinion

786 So.2d 269 (2001)

James G. McCULLIN and Jamie L. McCullin, Plaintiffs-Appellees,
v.
U.S. AGENCIES CASUALTY INSURANCE COMPANY and Joseph G. Jones, Defendants-Appellants.

No. 34,661-CA.

Court of Appeal of Louisiana, Second Circuit.

May 9, 2001.

*271 Hudson, Potts & Bernstein, L.L.P. by Brady D. King, II, Monroe, Counsel for Appellants.

Street & Street by C. Daniel Street, Monroe, Counsel for Appellees.

Before NORRIS, CARAWAY & PEATROSS, JJ.

PEATROSS, J.

Joseph G. Jones and his automobile liability insurer, U.S. Agencies Casualty Insurance Company ("U.S. Agencies"), appeal from a judgment finding Mr. Jones 90 percent at fault in an automobile accident with Ms. Jamie L. McCullin and awarding Ms. McCullin $7,484.76 in damages. For the following reasons, the judgment of the trial court is affirmed.

FACTS

On September 19, 1997, Jamie McCullin was driving her father's, James McCullin's, pickup truck south on Highway 33 in Lincoln Parish, a road also known as the Farmerville Highway. Traveling behind Ms. McCullin was a Ford Explorer driven by Joseph Jones and occupied by a passenger, Andre Hatter. The highway is twolanes with a speed limit of 55 miles per hour.[1] Ms. McCullin estimated her speed as 55 miles per hour and Mr. Jones estimated his speed as 60 miles per hour. Ms. McCullin's route home from work required that she make a right turn off the Farmerville Highway onto Louisiana Highway 3072.

Ms. McCullin testified that, as she approached the intersection, she decided to roll up her window, but, in doing so, accidentally activated her left turn signal. Ms. McCullin stated that she let off the gas and switched the turn signal back to the right for her impending turn and then looked in her rear view mirror. In her mirror, she saw Mr. Jones' Explorer traveling on the shoulder. Ms. McCullin testified that she never left the southbound lane of travel. To avoid turning in front of Mr. Jones, Ms. McCullin said that she continued driving straight ahead, into the intersection; but, as she was going through the intersection, she heard tires squealing and then Mr. Jones' Explorer hit her from behind. She described the impact as "a fairly hard blow" and said that it knocked her truck's glove box door open. *272 Ms. McCullin also testified that the debris from the accident was in the southbound lane of travel in the intersection. Estimates to repair the damage to Mr. McCullin's truck totaled approximately $5,000.

Mr. Jones testified that he was about five to seven car lengths behind Ms. McCullin when he saw the truck's left blinker go on. In his deposition, Mr. Jones stated that Ms. McCullin's truck moved into the left (northbound) lane about two car lengths away from the intersection; he could not recall this distance at trial. Mr. Jones testified at trial that Ms. McCullin's truck was totally in the left (northbound) lane of travel for a period and that he accelerated to pass her on the right side when she moved back to the right (into the southbound lane), causing him to take evasive action and finally to hit her. Mr. Jones described the events leading up to the accident this way:

Well, I was behind her, following behind her and she put her left signal on to get into the left lane, so I slowed down to let her get over and she just got over and she got back over into the right lane. Well, as she proceeded to get in the right lane I tried to go around her to avoid the wreck. I don't know if she panicked or whatnot but she went back and I went back just like crossed back and forth.

After the accident, both vehicles came to a controlled stop.

Latanga Hayes, an acquaintance of Mr. Jones, was driving behind him at the time of the accident. At her deposition, Ms. Hayes stated that she had not seen the Explorer driven by Mr. Jones prior to the accident. According to Ms. Hayes' trial testimony, she was "about a car and a half or two" behind Mr. Jones and had been traveling behind him for several minutes. At trial, she testified:

The truck that was in front of [Mr. Jones] had gotten into the left hand lane to make a left hand turn and obviously they didn't know, either they realized it wasn't their turn or whatever, they came back into the road.... Joe went up on the right hand shoulder and all of a sudden the truck—and the truck came on, too, because they probably realized he was behind. Then they both came back onto the road but Joe was trying to go around the truck stopped and he hit. By the time they realized (inaudible) he tried to go back over there and he made contact.

Ms. Hayes further testified that Ms. McCullin's truck moved completely into the northbound (left) lane of travel before reentering the southbound lane and that Mr. Jones accelerated to pass Ms. McCullin while she was in the northbound lane. Ms. Hayes stated that Ms. McCullin was in the left lane between 10 and 15 seconds and that she moved into that lane only two or three car lengths away from the intersection. Ms. Hayes also testified that Mr. Jones' Explorer "went up on two wheels" due to Mr. Jones' effort to control his truck just before the accident. According to Ms. Hayes, at the moment of impact, Ms. McCullin was in the middle of the road, i.e., half in the northbound lane and half in the southbound lane, and Mr. Jones was entirely in the southbound lane. Ms. Hayes stopped to check on the parties' condition. She testified that Ms. McCullin got out of the truck and "she said she was sorry, she was at fault." Finally, Ms. Hayes stated that she did not see any damage to the truck Ms. McCullin was driving.

Andre Hatter, Mr. Jones' passenger and Ms. Hayes' cousin, was deposed and his deposition was introduced into evidence. Mr. Hatter testified that Mr. Jones was giving him a ride to the bus station in Ruston so he could catch a 3:00 p.m. bus. *273 Mr. Hatter described the accident this way:

The Ford driver ... signal went on to go left. Joe slowed down and she went—got up in the left lane to turn left and at the time when he let off the brakes, she come back over. He jammed brakes to try to go to the shoulder to keep from hitting her and she came over, hit and next thing you know ... I'm bleeding and she's like "It was my fault."

Mr. Hatter further stated that Ms. McCullin got completely over in the left (northbound) lane "in order to let us go on by or something," that her truck traveled in the left lane for 40 or 50 yards and that she was well across the intersection before moving back into the right (southbound) lane.

Lincoln Parish Sheriff's Deputy Keith Huffman responded to the accident scene. Deputy Huffman could not remember exactly where the accident debris fell, but observed that most of the debris was "in the southbound travel lane or maybe partially on the shoulder." There were apparently no photos taken of the accident scene. Deputy Huffman could not recall if Ms. McCullin said that she had drifted into the northbound lane while changing her turn signal.

Ms. McCullin testified that, after the accident, she went home to retrieve her suitcase and load her horse trailer in preparation for participating in a rodeo that evening. She stated that a few hours after the accident she began feeling soreness and tightness in her back, shoulder and neck areas. Ms. McCullin stated that she did not find this unusual in light of the accident and chose to participate in the rodeo where she rode a horse in barrel and pole racing events.

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Cite This Page — Counsel Stack

Bluebook (online)
786 So. 2d 269, 2001 WL 487448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccullin-v-us-agencies-cas-ins-co-lactapp-2001.