O'NEAL v. Scott

775 So. 2d 1155, 2000 WL 1854099
CourtLouisiana Court of Appeal
DecidedDecember 20, 2000
Docket34,276-CA
StatusPublished
Cited by6 cases

This text of 775 So. 2d 1155 (O'NEAL v. Scott) 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
O'NEAL v. Scott, 775 So. 2d 1155, 2000 WL 1854099 (La. Ct. App. 2000).

Opinion

775 So.2d 1155 (2000)

Sharon O'NEAL and Edmund A. O'Neal, Individually and as Husband and Wife, Plaintiffs-Appellees,
v.
James Larry SCOTT and Safeway Insurance Company, Defendants-Appellants.

No. 34,276-CA.

Court of Appeal of Louisiana, Second Circuit.

December 20, 2000.

*1156 Tracy L. Oakley, Ruston, Counsel for Appellants.

*1157 J. Allen Cooper, Jr., Counsel for Appellees.

Before BROWN, GASKINS and CARAWAY, JJ.

GASKINS, Judge.

The defendant, Safeway Insurance Company, appeals a trial court judgment finding that its insured, James Larry Scott, was totally at fault in an automobile accident. Safeway also objects to the damages awarded. The plaintiffs, Sharon O'Neal and her husband, Edmund O'Neal, answer the appeal, objecting that the general damage award was too low and that the trial court erred in failing to award damages for loss of income and for loss of consortium. We affirm in part and reverse in part the trial court judgment.

FACTS

In the late afternoon of September 14, 1998, Sharon O'Neal was driving her vehicle southbound on Quail Creek Road at its intersection with Shreveport Barksdale Highway. Mr. Scott was also driving south on Quail Creek Road, at the intersection. The parties admitted into evidence the police report, which contained a statement by Mr. Scott that he was behind a car that stopped suddenly, so he had to swerve over to avoid hitting that vehicle. According to Mrs. O'Neal, Mr. Scott moved over into her lane and collided with the rear door on the driver's side of her vehicle. At trial, Mr. Scott testified that a car stopped in front of him at the intersection. He looked in his rear view mirror and saw Mrs. O'Neal behind him. He then signaled a lane change and attempted to go around the stopped car. He contends that Mrs. O'Neal went over onto the shoulder of the road in an attempt to cut around and in front of Mr. Scott. He claims the collision occurred at that point.

On March 19, 1999, Mrs. O'Neal and her husband filed suit against Mr. Scott and his insurer, Safeway Insurance Company, for property damage, loss of income, medical costs, pain and suffering, mental anguish, and loss of consortium. Mrs. O'Neal claimed to have sustained injuries to her neck, back, left shoulder, and right hip. Mrs. O'Neal also contended that due to her injuries, she suffered a loss of income in her pet grooming business. Mr. Scott was dismissed as a defendant due to his filing of Chapter 7 bankruptcy. The plaintiffs proceeded to trial against Safeway Insurance Company.

A bench trial was held on March 1, 2000. Mrs. O'Neal and Mr. Scott presented their conflicting testimony as to how the accident occurred. The plaintiffs also presented evidence and testimony to support their claims for damages. After hearing the evidence, the trial court ruled from the bench, finding that this was a relatively minor accident. He found Mrs. O'Neal to be credible and found Mr. Scott to be solely at fault in causing the accident. The court noted that Mrs. O'Neal's version of the accident was in agreement with the police report filed into evidence. The court denied the claim for loss of income, finding that the pet grooming business was a corporation which had not made a claim in this case. The court also found that the business grew after the accident. Mr. O'Neal's claim for loss of consortium was also denied. The court allowed recovery for chiropractic treatment from the date of the accident through October 30, 1998, totaling $1,540.00, and awarded $6,000.00 in general damages. The court also awarded $625.00 in property damage. Judgment to this effect was signed March 14, 2000. The defendant appealed and the plaintiffs answered the appeal.

FAULT

The defendant contends that the trial court erred in finding Mr. Scott to be 100% at fault in causing the accident. Safeway contends that the accident was caused when Mrs. O'Neal attempted to pass Mr. Scott in the intersection and then tried to cut back in front of him. Safeway argued that the location of the damage on *1158 the left rear door of Mrs. O'Neal's vehicle supports its claim that she caused the accident. This argument is without merit.

A district court's findings of fact will not be disturbed on appeal unless the reviewing court finds that they are clearly wrong or manifestly erroneous. Stobart v. State, Through Department of Transportation and Development, 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989). Under the manifest error standard, the linchpin is whether the trial court's findings are reasonable; even if the appellate court feels its own evaluation of the evidence is more reasonable, the trial court's findings cannot be reversed if they are in fact reasonable. Lewis v. State, Through Department of Transportation and Development, 94-2370 (La.4/21/95), 654 So.2d 311. In other words, the appellate court may not reverse simply because it is convinced that had it been sitting as a trier of fact it would have ruled differently. Lewis, supra. A finding of fact by a trial court should be upheld unless it is clearly wrong. Madison v. Thurman, 32,401 (La. App.2d Cir.10/27/99), 743 So.2d 857.

When findings of fact are based upon evaluations of witness credibility, the manifest error/clearly wrong standard demands great deference to the trial court. Only the fact finder can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener's understanding and belief in what is said. Where two permissible views of the evidence exist, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Rosell v. ESCO, supra; Turner v. State Farm Mutual Automobile Insurance Company, 32,423 (La. App.2d Cir.10/27/99), 743 So.2d 924.

Findings of respective percentages of fault under La. C.C. art. 2323 are factual findings not to be disturbed on appeal unless, for well-articulated reasons, they are determined to be clearly wrong or manifestly erroneous. Whether a fact finder determines a party to be one percent at fault, totally at fault, or somewhere in between, the manifest error rule applies. Butcher v. City of Monroe, 31,932 (La. App.2d Cir.5/5/99), 737 So.2d 189, writ denied, 99-1608 (La.9/17/99), 747 So.2d 566.

Mr. Scott testified that he was traveling south on Quail Creek Road, through the intersection with Shreveport Barksdale Highway when a car stopped in front of him. He stated that because the car stopped abruptly, he went to his right to get around it. He claims that he checked his rear view mirror, saw Mrs. O'Neal behind him, activated his right blinker and then moved to the right. At trial he stated that Mrs. O'Neal's car was white. In his deposition he testified that her car was light blue. Pictures of the vehicle filed into evidence show that the color of the vehicle was light beige. Mr. Scott claims that when he collided with Mrs. O'Neal's car, she was "coming around me and cut back in front of me." Mr. Scott testified that he saw Mrs. O'Neal slam on her brakes and then the two cars collided in the intersection. He acknowledged the impact with Mrs. O'Neal's vehicle was on the rear door and panel on the driver's side. He denied telling the police officer at the scene that he had to swerve to avoid hitting the vehicle in front of him and that this caused him to collide with Mrs. O'Neal.

According to Mrs. O'Neal, at the time of the accident, she was traveling south on Quail Creek Road at the intersection with Shreveport Barksdale Highway.

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775 So. 2d 1155, 2000 WL 1854099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneal-v-scott-lactapp-2000.