Paul Darren Williams v. State Farm Mutual Auto Ins. Co. and Venson R. Aymond

CourtLouisiana Court of Appeal
DecidedDecember 6, 2006
DocketCA-0005-1548
StatusUnknown

This text of Paul Darren Williams v. State Farm Mutual Auto Ins. Co. and Venson R. Aymond (Paul Darren Williams v. State Farm Mutual Auto Ins. Co. and Venson R. Aymond) 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
Paul Darren Williams v. State Farm Mutual Auto Ins. Co. and Venson R. Aymond, (La. Ct. App. 2006).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CA 05-1547 consolidated with CA 05-1548

MARY WILLIAMS, ET AL.

VERSUS

VENSON R. AYMOND, ET AL.

Consolidated with

PAUL DARREN WILLIAMS, ET AL.

STATE FARM MUTUAL AUTO INS. CO. AND VENSON R. AYMOND

**********

APPEAL FROM THE TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO. 2003-4786-A, c/w 2003-5125A HONORABLE MARK A. JEANSONNE, DISTRICT JUDGE

JOHN D. SAUNDERS JUDGE

Court composed of Sylvia R. Cooks, John D. Saunders, and Marc T. Amy, Judges.

AFFIRMED IN PART, REVERSED IN PART, AMENDED IN PART, AND RENDERED. John Taylor Bennett Bennett Law Office Post Office Box 275 Marksville, LA 71351 (318) 253-4631 Counsel for Plaintiffs/Appellees: Mary Williams Eric Williams Chastity Williams

Carey J. Guglielmo Guglielmo, Marks, Schutte, Terhoeve, & Love 320 Somerulos Street Baton Rouge, La 70806 (225) 387-6966 Counsel for Secondary Defendant/Appellant: State Farm Mutual Auto Ins. Co.

David A. Hughes Hughes & LaFleur P. O. Box 1831 Alexandria, LA 71309-1831 (318) 443-4090 Counsel for Defendant/Appellant: Venson R. Aymond SAUNDERS, Judge.

This cause of action arises from a vehicle accident wherein the driver of one

of the vehicles was killed. Two sets of the decedent’s heirs brought a wrongful death

claim against the defendant and his insurer. The passenger riding on the decedent’s

tractor also brought an action for the personal injuries he sustained against the

defendants. All claims were consolidated into one suit.

One set of wrongful death plaintiffs entered into a stipulation that their

“damages” were not in excess of $50,000 each. The other set of wrongful death

plaintiffs entered into a stipulation that their “cause of action” was not in excess of

$50,000 each.

Plaintiffs then filed a motion for partial summary judgment that the policy

limits applicable in the case was that of the $300,000 “each accident” limit as

opposed to the $100,000 “each person” limit. The trial judge granted this motion.

In the first part of a bifurcated trial, the trial court found the defendant driver

85% at fault and the plaintiff driver 15% at fault for the accident. After the first part

of the bifurcated trial took place, both sets of wrongful death plaintiffs moved to

withdraw their $50,000 stipulations. At the hearing on the motions to withdraw

stipulations, the trial court allowed the litigants to enter into a new stipulation.

Unfortunately, the litigants disagree as to what they stipulated.

After this new stipulation, the trial judge had the damages trial wherein the

plaintiffs were awarded various damages against the defendant and his insurer. The

trial judge gave awards over $50,000, discounted the awards for the decedent’s 15%

fault, then applied the $50,000 cap as this was his understanding of the new

stipulation.

Defendant and his insurer appealed the judgment granting the plaintiffs’ partial motion for summary judgment, the judgment for the allocation of fault to the drivers,

the judgment assessing damages and the calculation method used by the trial judge

with respect to the stipulations entered into by the parties.

We affirm in part, reverse in part, amend in part and render.

FACTS AND PROCEDURAL HISTORY:

On February 14, 2003, at approximately 6:27 PM, Mr. Venson Aymond

(“Aymond”) was driving with his wife, Florence Aymond, from his home to visit his

sister. While traveling south on Louisiana Highway 107, in a no passing zone, Mr.

Aymond rear-ended a large, red tractor driven by Mr. Nelson Williams, Jr.

(“Williams”). Riding on the tractor driven by Nelson Williams, Jr. was his nephew,

Ricardo Williams.

Mr. Aymond testified that he had his headlights illuminated on the bright

setting, and that he did not see the tractor in front of him before the accident. He

testified that it appeared in front of him as if a “wall dropped.”

Ricardo Williams testified that the tractor he was riding on did not have any of

its lights illuminated, but that he could see the Aymond vehicle. He also testified that

he signaled the Aymond vehicle to pass around the Williams tractor, and that the

Aymond vehicle pulled into the opposite lane to attempt to pass them when the

accident took place.

Both plaintiffs and defendants put forth expert testimony. Accident

reconstruction experts from both sides, as well as the investigating state trooper,

agreed that the point of impact put the Aymond vehicle in the opposite lane of travel.

The opposing experts also agreed that Mr. Aymond should have seen the tractor in

front of him under the conditions present on the day of the accident, even if it was

dark, due to the distance one can see when his or her bright lights are illuminated. 2 Mr. Aymond’s medical records showed that he had poor vision prior to the

accident. Mr. Aymond had failed the vision portion of his driver’s test several times

prior to the accident when he last took his driver’s test to get his license.

There was conflicting testimony as to why the Aymond vehicle was in the

opposing lane of travel. There was also conflicting testimony as to whether the

reflectors on the rear of the Williams tractor was sufficient under Louisiana Law.

There was, however, no conflict in the testimony that the Williams tractor did not

have a “slow moving” warning reflector as required by Louisiana Law.

Mrs. Aymond, a passenger in the Aymond vehicle, testified that she did not see

the tractor in front of them because she was not paying attention to the road in front

of them.

As a result of the injuries he sustained in the accident, Mr. Nelson Williams,

Jr. died. Nelson Williams, Jr. was the husband of Mary Williams and the father of

Gwendolyn F. Williams, Paul Williams, Martha Williams, Mary Williams, Eric

Williams and Chastity Williams.

The accident and subsequent death of Nelson Williams, Jr. gave rise to two

wrongful death suits and one personal injury claim brought by Eunice Williams,

individually, and on behalf of her minor son, Ricardo Williams. All of the claims

were consolidated into one suit.

Plaintiffs Gwendolyn F. Williams, Paul D. Williams and Martha Williams

stipulated that each one of their damages did not exceed $50,000. The plaintiffs, Mary

Williams, Eric Williams and Chastity Williams entered into a stipulation that their

respective cause of action did not exceed $50,000. All Plaintiffs were granted a

motion for partial summary judgment wherein they asserted that the $300,000 “each

3 accident” limit applied instead of the $100,000 “each person” limit of the State Farm

liability policy Mr. Aymond had in effect at the time of the accident.

The judgment for first stage of the bifurcated trial attributed 85% of the fault

for the accident to the negligence of Mr. Aymond, and attributed 15% of the fault to

the negligence of Nelson Williams, Jr.

After the fault portion of the trial, the wrongful death plaintiffs moved to

withdraw their stipulations regarding the $50,000 limits to their cause of action or

damages respectively. At the hearing for their motion to withdraw, all of the

plaintiffs, including Eunice Williams, individually, and on behalf of her minor son,

Ricardo, entered into a new stipulation regarding limits to their recovery.

A reading of the record indicated that there was much confusion about what the

parties agreed to in the new stipulation.

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

Related

RJ D'HEMECOURT PETROLEUM v. McNamara
444 So. 2d 600 (Supreme Court of Louisiana, 1983)
Clement v. Frey
666 So. 2d 607 (Supreme Court of Louisiana, 1996)
Stobart v. State Through DOTD
617 So. 2d 880 (Supreme Court of Louisiana, 1993)
Alfred Palma, Inc. v. Crane Services, Inc.
858 So. 2d 772 (Louisiana Court of Appeal, 2003)
Crabtree v. State Farm Ins. Co.
632 So. 2d 736 (Supreme Court of Louisiana, 1994)
Guillot v. Doe
879 So. 2d 374 (Louisiana Court of Appeal, 2004)
Shelton v. Standard/700 Associates
798 So. 2d 60 (Supreme Court of Louisiana, 2001)
Watson v. State Farm Fire and Cas. Ins. Co.
469 So. 2d 967 (Supreme Court of Louisiana, 1985)
Hebert v. Insurance Center, Inc.
706 So. 2d 1007 (Louisiana Court of Appeal, 1998)
Benoit v. Allstate Ins. Co.
773 So. 2d 702 (Supreme Court of Louisiana, 2000)
Duncan v. Kansas City Southern Railway Co.
773 So. 2d 670 (Supreme Court of Louisiana, 2000)
McCoy v. Franklin Parish Police Jury
414 So. 2d 1369 (Louisiana Court of Appeal, 1982)
Bullock v. Graham
681 So. 2d 1248 (Supreme Court of Louisiana, 1996)
Coco v. Winston Industries, Inc.
341 So. 2d 332 (Supreme Court of Louisiana, 1977)
Sistler v. Liberty Mut. Ins. Co.
558 So. 2d 1106 (Supreme Court of Louisiana, 1990)
Dugas v. Derouen
824 So. 2d 475 (Louisiana Court of Appeal, 2002)
Lewis v. Willamette Industries, Inc.
499 So. 2d 506 (Louisiana Court of Appeal, 1986)
First Nat. Bank of Shreveport v. Williams
346 So. 2d 257 (Louisiana Court of Appeal, 1977)
Fontenot v. LaFleur
124 So. 2d 607 (Louisiana Court of Appeal, 1960)

Cite This Page — Counsel Stack

Bluebook (online)
Paul Darren Williams v. State Farm Mutual Auto Ins. Co. and Venson R. Aymond, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-darren-williams-v-state-farm-mutual-auto-ins-co-and-venson-r-lactapp-2006.