Morris v. Flores

840 So. 2d 1257, 2003 WL 834567
CourtLouisiana Court of Appeal
DecidedMarch 7, 2003
Docket36,932-CA, 36,933-CA
StatusPublished
Cited by14 cases

This text of 840 So. 2d 1257 (Morris v. Flores) 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
Morris v. Flores, 840 So. 2d 1257, 2003 WL 834567 (La. Ct. App. 2003).

Opinion

840 So.2d 1257 (2003)

Bobby G. MORRIS, Plaintiff-Appellee,
v.
Angela L. FLORES, et al., Defendants-Appellants.
Angela Lucinda Flores, Plaintiff-Appellant,
v.
James McLamb, et al., Defendants-Appellees.

Nos. 36,932-CA, 36,933-CA.

Court of Appeal of Louisiana, Second Circuit.

March 7, 2003.

*1258 Downer, Hammond & Wilhite, by Kevin W. Hammond, Timothy W. Wilhite, for Defendant-Appellant, Angela L. Flores.

Andrus & Doherty, by James P. Doherty, Jr., Opelousas, for Plaintiff-Appellee, Bobby G. Morris.

Rice & Kendig, by Marshall Carl Rice, William F. Kendig, Jr., Lunn, Irion, Salley, *1259 Carlisle & Gardner, by Richard B. King, Jr., Shreveport, for Defendants-Appellees, Illinois National Ins. Co. and American International South Ins. Co.

Cook, Yancey, King & Galloway, by James R. Sterritt, Edwin L. Blewer, Jr., Shreveport, for Defendants-Appellees Clarendon National Ins. Co., Caddo Parish Sheriff and James W. McLamb.

Before WILLIAMS, STEWART and GASKINS, JJ.

STEWART, J.

In this suit resulting from an automobile collision, the trial court determined that the accident was caused by the combined negligence of Angela Lucinda Flores, who was found to have been 20 percent at fault, and James McLamb, who was found to have been 80 percent at fault. The trial court awarded Flores $12,500 in general damages. Flores appeals the award of damages, which she contends is abusively low. In answer to the appeal, McLamb, along with his employer and insurer, the Caddo Parish Sheriff and Clarendon National Insurance Company respectively, asserts error in the trial court's allocation of fault. Upon review of the record, we find no error in the allocation of fault between McLamb and Flores. However, we find the trial court's award of general damages to Flores to be abusively low, and we now raise that award to $25,000, the lowest figure which could have been awarded under the circumstances.

FACTS

On July 2, 1999, shortly before 10:00 p.m., a three vehicle accident occurred in the southbound lanes of travel along a rural, unlit section of Louisiana Highway 1, a four-lane divided highway with a speed limit of 65 miles per hour. The three vehicles involved in the accident included a Chevrolet S-10 pickup truck which was driven by Angela Flores, a Ford Crown Victoria patrol car which was driven by James McLamb, a deputy with the Caddo Parish Sheriff's Office, and a Ford Crown Victoria taxicab which was driven by Bobby Morris.[1]

Flores, who was seven months pregnant, had left her home on La. Hwy. 1 to meet friends. She was driving a truck which belonged to a friend and which she had permission to drive. Flores first traveled north along the highway. However, she began experiencing automotive difficulties after about a mile of travel. According to Flores, the truck kept "flooding out" and slowing whenever she pressed the accelerator. She decided to head back in the direction of her home, so she turned the vehicle and headed south along the highway. As Flores turned, she entered the left lane of travel in the southbound lanes. Flores realized that the vehicle would not make it much further, so she attempted to pull off to the left into the grassy median separating the four lanes of the highway, rather than attempt to cross to the right shoulder and risk the vehicle stopping between the lanes of travel. At this point, she was driving 10 miles per hour. As she was maneuvering to get fully into the median, she was hit from the rear by McLamb.

McLamb, a deputy with the Caddo Parish Sheriff's Office, was traveling south along the highway and was about to get off duty for the evening. He heard over the radio that another officer had stopped a vehicle and that the stop might involve a rape suspect. McLamb decided to assist *1260 that officer, so he began driving at about 75 to 80 miles per hour. As he entered the four lane portion of La. Hwy. 1, he passed a vehicle and spotted another officer who had made a vehicular stop. McLamb testified that he let that officer know over the radio that he was available to assist if needed, and that he began slowing his speed in case he needed to turn around. McLamb saw a taxi ahead of him in the right lane. McLamb testified that he entered the left lane to go around the taxi and that he glanced over to the taxi because he thought he might recognize the driver. At that moment, McLamb collided into the rear of Flores' truck. McLamb never saw Flores' truck prior to impact and did not know what he hit until after the accident. The force of the impact caused both vehicles to flip over. McLamb's vehicle also spun around and hit Morris's taxi one or more times.

Bobby Morris, the driver of the taxi, was traveling south along the highway on his way to work. His speed was about 55 miles per hour. Morris testified that he was traveling in the left lane when he noticed McLamb's vehicle approaching "real fast" from the rear. Morris immediately moved over to the right lane. Morris saw Flores' truck exiting the left lane. He noticed the rear lights of the truck blink and believed this to be the hazard lights. He described the position of the truck as being at an angle, with the front portion off the road and the back portion at the yellow line. He further described the rear of the truck as being on the pavement but not on the highway, and he testified that it was not blocking the lane of travel. He believed he was two or three car lengths away from the truck when he noticed it. As McLamb's vehicle came up beside him, Morris tried to pull further to the right. He heard the impact of the collision between McLamb and Flores, but he did not see it occur. Morris's vehicle was hit by McLamb's vehicle as it spun upside down on the highway.

Claims were asserted against each of the parties involved in the accident and heard in a bench trial. In addition to the testimony of the parties, the trial court heard from other witnesses. Chrystal Livingood and Tiffanye Hebert were traveling together along La. Hwy. 1, and observed McLamb traveling at a high rate of speed along the highway prior to the accident. Neither saw the accident occur, but they did stop to offer assistance.

Sheila Hostnick, a deputy with the Caddo Parish Sheriff's Office, was called on direct examination by counsel for Bobby Morris. Hostnick was on patrol at the time of the accident and responded to the accident scene. Her testimony, which was based on her investigation of the accident and statements made by the parties at the time of the accident, largely corroborated the parties' version of events. When called to the stand again on behalf of the defense by the Caddo Parish Sheriff, Clarendon National Insurance Company, and McLamb, Hostnick recalled Flores stating at the time of the accident that she did not have permission to drive the truck and that she was warned that the truck had mechanical problems. However, there was nothing in the police reports to corroborate this remembrance on the part of Hostnick, and Hostnick had failed to recall this information in her earlier testimony when questioned about statements made by the parties. Expert testimony was also offered by the Caddo Parish Sheriff, Clarendon, and McLamb to show that Flores' truck was actually blocking part of the left lane of travel and that McLamb's speed was not in excess of the posted speed limit.

From the testimony, the trial court found that Flores entered the left southbound lane of travel after turning around *1261

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bailey v. Leblanc
151 So. 3d 1004 (Louisiana Court of Appeal, 2014)
Kristy Bailey v. David R. Leblanc
Louisiana Court of Appeal, 2014
King v. State Farm Insurance Co.
104 So. 3d 33 (Louisiana Court of Appeal, 2012)
Ebarb v. Matlock
69 So. 3d 516 (Louisiana Court of Appeal, 2011)
McNeill v. LANDSTAR RANGER, INC.
986 So. 2d 905 (Louisiana Court of Appeal, 2008)
Bennett v. LOUISIANA FARM BUREAU CAS. INS.
983 So. 2d 966 (Louisiana Court of Appeal, 2008)
Thomas v. Empire Indemnity Insurance
206 F. App'x 397 (Fifth Circuit, 2006)
Seals v. SHELTER INS. COMPANIES
894 So. 2d 1259 (Louisiana Court of Appeal, 2005)
Simms v. Progressive Ins. Co.
883 So. 2d 473 (Louisiana Court of Appeal, 2004)
Sepulvado v. Turner
862 So. 2d 457 (Louisiana Court of Appeal, 2003)
Hays v. State
856 So. 2d 64 (Louisiana Court of Appeal, 2003)
Sweeney v. Geico Indemnity Co.
855 So. 2d 826 (Louisiana Court of Appeal, 2003)
Chisholm v. Clarendon Nat. Ins. Co.
850 So. 2d 1070 (Louisiana Court of Appeal, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
840 So. 2d 1257, 2003 WL 834567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-flores-lactapp-2003.