MUNAR v. State Farm Ins. Co.

972 So. 2d 1273, 7 La.App. 3 Cir. 611, 2007 La. App. LEXIS 2284, 2007 WL 4410368
CourtLouisiana Court of Appeal
DecidedDecember 19, 2007
DocketCA 2007-611
StatusPublished
Cited by1 cases

This text of 972 So. 2d 1273 (MUNAR v. State Farm 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
MUNAR v. State Farm Ins. Co., 972 So. 2d 1273, 7 La.App. 3 Cir. 611, 2007 La. App. LEXIS 2284, 2007 WL 4410368 (La. Ct. App. 2007).

Opinion

972 So.2d 1273 (2007)

Maria M. MUNAR
v.
STATE FARM INSURANCE COMPANY, et al.

No. CA 2007-611.

Court of Appeal of Louisiana, Third Circuit.

December 19, 2007.

*1275 James E. Diaz, Attorney at Law, Lafayette, LA, for Secondary Plaintiff/Appellant, Maria M. Munar.

Kenneth Wayne Jones, Jr., Cynthia Gatlin Sonnier, Attorney at Law, Lafayette, LA, for Defendant/Appellant, Lafayette City-Parish. Consolidated Government.

Staci Knox Villemarette, Cloyd, Wimberly & Villemarette, L.L.C., Lafayette, LA, for Defendants/Appellees, State Farm Insurance Company, Kurt W. Schmersahl, Jr.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, OSWALD A. DECUIR, BILLY HOWARD EZELL, and JAMES T. GENOVESE, Judges.

EZELL, Judge.

This is an appeal arising from an auto accident involving a pedestrian. The Lafayette City-Parish Consolidated Government (LCG) appeals the decision of the trial judge in this bifurcated trial, finding that it breached a duty to the pedestrian, Maria Munar, and was fifteen percent at fault for the accident. Mrs. Munar appeals the decision of the jury, assessing her with seventy-five percent of the liability. For the following reasons, we reverse the decision of the trial court in part, affirm in part, and render judgment.

Mrs. Munar is a permanent resident of the United States who originally hails from the nation of Columbia. She was sixty-nine years old at the time of the accident. Because she is not fluent in English, she was taking English lessons at VITA in downtown Lafayette. To get to the lessons, she rode the Lafayette Transit Bus from Acadiana Mall down Johnston Street, one block past Jefferson Street, to the designated bus stop located on the Southeast side of the intersection of Johnston and Convent Street. She would normally disembark at the bus stop, then walk back down Johnston to the Jefferson intersection and cross Johnston at the traffic light controlling the intersection, because a pedestrian protection device controlled the crosswalk, allowing her to cross safely.

On January 29, 2004, Mrs. Munar again followed this pattern to attend her English lessons. However, when she rang the bell to exit the bus at her usual stop, the bus driver, for some unknown reason, failed to stop at the designated spot. After crossing the intersection of Johnston and Convent Street, the bus driver stopped in the middle of the next block, roughly one hundred and fifty feet past the desired bus stop. Mrs. Munar disembarked from the bus without incident or complaint, the bus pulled away, and she began to walk back toward the intersection of Johnston and *1276 Convent, on her way to the Jefferson intersection. After walking half a block back to Convent, Mrs. Munar stopped for approximately thirty seconds to check to see if the intersection was clear for her to cross. She saw Kurt Schmersahl approaching from her left, but felt she had time to get across the intersection. As she stepped into the street, she was bumped by Mr. Schmersahl as he executed a right turn from Convent onto Johnston. Mrs. Munar fell to the ground, suffering injuries to her right leg and left wrist.

Mrs. Munar filed this suit against Mr. Schmersahl and the LCG as a result of the accident. She claimed LCG breached its duty to her as a passenger by dropping her off at a spot other than a designated bus stop. The trial judge in this matter agreed, finding that LCG was fifteen percent at fault for her injuries, and assessed damages in the amount of 839,047. The trial judge submitted the remaining eighty-five percent of the fault to the jury. After hearing testimony from several sources, including both parties and an independent witness, the jury found that Mrs. Munar was seventy-five percent at fault for the accident and that Mr. Schmersahl was ten percent at fault. However, the jury found that no injuries were sustained and awarded no damages. Mrs. Munar filed a motion for a judgment notwithstanding the verdict (JNOV) on the issues of liability and damages. The trial judge denied the motion as to liability but granted a JNOV as to damages. He found that Mrs. Munar had suffered the $39,047 in damages he had previously awarded in his part of the bifurcated trial against LCG, subject to reduction based on comparative fault. Costs of the trial were apportioned at seventy-five percent to Mrs. Munar and ten percent to Mr. Schmersahl. LCG was exempt from paying any court costs in this matter.

From these decisions, Mrs. Munar and LCG appeal. Mr. Schmersahl answers, seeking additional attorney fees for work done on appeal. We shall address the claims of LCG first.

LCG

On appeal, LCG asserts three assignments of error: that the trial court erred in finding that the bus driver owed a duty to Mrs. Munar, as a passenger, at the time of the accident; in finding a breach of that duty; and in finding that any breach was the cause of the accident. Because we agree with LCG that it no longer had any duty to Mrs. Munar as a passenger at the time of the accident, we need not address the other two assignments of error.

In contracting to transport passengers for hire, public carriers undertake grave obligations. Gill v. Doe, 479 So.2d 36 (La.App. 4 Cir.1985). It is well-settled that although a common carrier is not the insurer of the safety of its fare-paying passengers, it nevertheless is required to exercise the highest degree of care. As such, when an injury to a passenger occurs, the burden shifts to the defendant carrier to show that it was entirely free of even the slightest negligence contributing to the resulting injury. King v. King, 253 La. 270, 217 So.2d 395 (1968). This doctrine "applies in all circumstances where a passenger suffers an injury when boarding, traveling aboard, or disembarking a common carrier's vehicle." Amos v. St. Martin Parish Sch. Bd., 00-808, p. 3 (La. App. 3 Cir. 12/6/00), 773 So.2d 300, 302 (citations omitted). However, as noted by this court in Teer v. Continental Trailways, Inc., 341 So.2d 1306, 1308 (La.App. 3 Cir.1977):

[O]nce a passenger freely disembarks at his chosen destination free from harm, *1277 his status as passenger, and the public carrier's contract to transport for hire, cease. At that point the public carrier only owes such person the duty of ordinary care—it is under no duty to warn the former passenger of "a danger which is apparent, obvious and known to every person in good mind and sense" (Deason v. Greyhound Corp., 106 So.2d 348 (La.App. 1 Cir., 1958), nor to personally transport, convey, or assist the former passenger in crossing a street or highway.

In this case, it is undisputed that Mrs. Munar alighted safely from the bus. Further, she securely walked one hundred fifty feet from the place where she alighted to the intersection of Convent and Johnston, where she testified she waited over thirty seconds before entering the road. She claims the duty extended because the LCG bus driver's manual stated that a bus driver is to drop passengers off at bus stops only. However, the same manual states that if a stop is missed, the driver is to drop the passenger off at the next stop, or the next safe spot. As noted above, Mrs. Munar was let off at a safe location, where she exited the bus without incident or complaint. In fact, she testified that being dropped off in that spot did not bother her at all. We find Mrs. Munar's claims to be completely devoid of any merit and that LCG's duty to her as a passenger ended at the time she safely disembarked from the bus. The trial court's decision, holding LCG fifteen percent at fault for Mrs.

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972 So. 2d 1273, 7 La.App. 3 Cir. 611, 2007 La. App. LEXIS 2284, 2007 WL 4410368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munar-v-state-farm-ins-co-lactapp-2007.