Medina v. Woods

944 So. 2d 697, 2006 WL 3690924
CourtLouisiana Court of Appeal
DecidedOctober 31, 2006
Docket2005-CA-1303
StatusPublished
Cited by2 cases

This text of 944 So. 2d 697 (Medina v. Woods) 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
Medina v. Woods, 944 So. 2d 697, 2006 WL 3690924 (La. Ct. App. 2006).

Opinion

944 So.2d 697 (2006)

Belda MEDINA and Maria Mercedes Flores
v.
Percy WOODS and Linda Woods and Imperial Fire and Casualty.

No. 2005-CA-1303.

Court of Appeal of Louisiana, Fourth Circuit.

October 31, 2006.

*698 Michele Gaudin, Salvador G. Longoria, Gaudin & Longoria, New Orleans, LA, Counsel for Plaintiffs/Appellees, Belda Medina and Maria Mercedes Flores.

Paul D. Oberle, Jr., Byron A. Richie, Richie, Richie & Oberle, L.L.P., Shreveport, LA, Counsel for Defendant/Appellant, Imperial Fire and Casualty Insurance Company.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge LEON A. CANNIZZARO, JR.).

CANNIZZARO, Judge.

This case arises out of a motor vehicle accident. The trial court rendered judgment against Percy Woods, the driver of the truck involved in the accident, his wife, Linda Woods, and Imperial Fire and Casualty Company ("Imperial"), the insurance company that had issued an automobile insurance policy to Mrs. Woods. The judgment was rendered in favor of Belda Medina, the owner and driver of the car that was hit by the truck driven by Mr. Woods, and her guest passenger, Maria Mercedes Flores. Imperial is now appealing the judgment against it. Mr. and Mrs. Woods have not appealed the judgment against them. Therefore, the judgment against Mr. and Mrs. Woods is a final judgment that can no longer be appealed.

STATEMENT OF THE FACTS

Mr. Woods was driving a pickup truck, and he failed to stop at a stop sign at the intersection of Milan and Camp Streets in New Orleans. When he ran the stop sign, he hit a car that was operated by Ms. Medina in which Ms. Flores was a guest passenger. Ms. Medina's car was badly damaged, and both occupants of the car were injured.

The truck that was driven by Mr. Woods was owned by him and his wife, but it was registered in her name only, because Mr. Woods did not have a valid driver's license. Ms. Woods was the insured under a policy of automobile liability insurance issued by Imperial. The policy included an Exclusion of Named Driver Endorsement that was executed by Mrs. Woods. The endorsement provided that "[i]n consideration of the premium charged, it is hereby agreed and understood that no coverage shall be afforded while the insured vehicle(s) is(are) being driven by PERCY WOODS 8/25/54." The truck involved in the accident was the *699 insured vehicle under the policy containing the endorsement.

Based on Ms. Medina's testimony at the trial, the judge found that Mr. Woods was solely at fault in causing the accident. Additionally, the police officer who investigated the accident testified that she gave Mr. Woods a ticket. She stated that he had failed to observe a stop sign and that his driver's license had been suspended.

Mr. Woods could not be located after the accident, and he was not available at the trial. Mrs. Woods testified that she was separated from her husband and did not know where he was.

Ms. Medina testified that while she was at the scene of the accident, she heard Mr. Woods tell the police officer who investigated the accident that he had driven his wife to the hospital and was on his way home when the accident occurred. The investigating officer testified, however, that she did not recall what Mr. Woods told her at the scene of the accident.

Salvador Longoria, one of the attorneys for Ms. Medina and Ms. Flores, testified at the trial as an officer of the court. He stated that at some point after the accident, he had spoken on the telephone to a man who had identified himself as Mr. Woods. Mr. Longoria further said that he had called Mr. Woods to ascertain whether there was an insurance policy that might pay for the damages that were suffered by his clients. During the course of the conversation, Mr. Woods said that on the morning of the accident, he had driven his wife to a hospital or to a medical appointment.

Mrs. Woods expressly testified that she was not driven to a doctor's appointment on the day of the accident. In fact, she testified that she was at work when the accident occurred and that she had no recollection of being in the truck at all on the day of the accident.

Mrs. Woods also said that Mr. Woods knew that he was prohibited from driving the truck and that he had been with her when she had applied for the Imperial policy with the driver exclusion endorsement. She further admitted that Mr. Woods had driven or attempted to drive the truck on at least two occasions other than the one when the accident occurred. When Mrs. Woods noticed some damage to the truck after Mr. Woods had driven the truck on one of the occasions, he explained that the truck had been damaged when he had driven it into a bridge.

Mrs. Woods testified that she had three sets of keys to the truck, that she kept two with her, and that a third set of keys was kept by the back door to her kitchen on a key ring. Additionally, Mrs. Woods stated that Mr. Woods had a "problem with alcohol," but she did not say that he had ever driven under the influence of alcohol. Finally, Mrs. Woods agreed that it was not a good idea to have left the keys to the truck in a place that was accessible to Mr. Woods.

Ms. Medina testified regarding her physical injuries and the damage to her car that resulted from the accident. Documentation of her medical and repair expenses were introduced into evidence. Ms. Medina also testified that she had lost some of her housecleaning jobs, because she could not get to work without her car, which was damaged such that she could not drive it. Additionally, the parties stipulated that the medical records and medical bills of both Ms. Medina and Ms. Flores were authentic and admissible into evidence. Finally, a stipulation was entered regarding the authenticity and admissibility of the estimate for repairing Ms. Medina's car.

*700 The trial judge awarded judgment in favor of Ms. Medina and against Mr. and Mrs. Woods and Imperial, jointly, in the amount of $7,500.00 for general damages for past, present, and future pain and suffering, $3,006.43[1] for property damage to Ms. Medina's car, and $535.00 for medical expenses. The trial judge also awarded judgment in favor of Ms. Flores against Mr. and Mrs. Woods and Imperial in the amount of $5,000.00 for general damages for past, present, and future pain and suffering and $175.00 for medical expenses.

DISCUSSION

Standard of Review

In Rosell v. ESCO, 549 So.2d 840, 844 (La.1989), the Louisiana Supreme Court stated that it is well settled that an appellate court may set aside a factual finding of a trial court or a jury only where the finding was based on a "manifest error" or was "clearly wrong". Further, where there is conflict in the testimony, a trial court's or a jury's reasonable evaluations of credibility and reasonable inference of fact should not be disturbed on appeal, even though the appellate court may feel that its own evaluations and inferences are as reasonable as those of the trial court or jury. Id. Where a decision of a court is based on an erroneous application of law rather than a valid exercise of discretion, the trial court's decision is not entitled to deference from the reviewing court. Kem Search, Inc. v. Sheffield, 434 So.2d 1067, 1071-72 (La.1983). Where the findings of the trier of fact are manifestly erroneous or clearly wrong, or where the correct law has not been applied in reaching those findings, the Rosell case requires the appellate court to redetermine the facts de novo from the entire record and render a judgment on the merits. 549 So.2d at 844, n. 2.

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Bluebook (online)
944 So. 2d 697, 2006 WL 3690924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medina-v-woods-lactapp-2006.