Perret v. Webster

498 So. 2d 283
CourtLouisiana Court of Appeal
DecidedNovember 14, 1986
DocketCA-5045
StatusPublished
Cited by4 cases

This text of 498 So. 2d 283 (Perret v. Webster) 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
Perret v. Webster, 498 So. 2d 283 (La. Ct. App. 1986).

Opinion

498 So.2d 283 (1986)

Linda E. PERRET
v.
Timothy WEBSTER, Johnny McCoy, Acceptance Insurance Company, New Orleans Public Service, Inc., Unknown Bus Driver and Horace Mann Insurance Company.

No. CA-5045.

Court of Appeal of Louisiana, Fourth Circuit.

November 14, 1986.
Rehearing Denied December 10, 1986.

*284 Frank E. Lamothe, III, New Orleans, for appellee.

Floyd F. Greene, New Orleans, for appellant—New Orleans Public Service.

Before GULOTTA, LOBRANO and ARMSTRONG, JJ.

GULOTTA, Judge.

Tortfeasors, New Orleans Public Service, Inc. (NOPSI) and bus driver Glen Kennedy, appeal on liability and quantum ($500,000) from a jury verdict finding NOPSI liable to a plaintiff who suffered severe and disabling injuries in an automobile accident. Plaintiff has also appealed, seeking an increase in her general damage award. Defendant Timothy Webster, the driver of the other vehicle involved in the accident, also appealed but has filed no brief.

Although we otherwise affirm the judgment, we reapportion liability between NOPSI and Timothy Webster and recast the judgment to include the apportionment of fault for the purpose of contribution.[1] We further increase the award to the sum of $897,147.93.

BACKGROUND

On September 10, 1981, plaintiff was proceeding down the center lane of Gen. DeGaulle Drive (DeGaulle), headed toward the Mississippi River bridge. At the intersection of DeGaulle and Sandra Drive (Sandra), defendant Glen Kennedy, the driver of a NOPSI bus, was preparing to make a right turn from the right river bound lane of DeGaulle, the favored street, onto Sandra, the controlled street. Before attempting his turn, Kennedy looked into his side view mirror and then signaled to motorist Timothy Webster, who had stopped at a stop sign located to Kennedy's right on Sandra, to cross the intersection. Webster crossed the first lane of DeGaulle in front of the Kennedy driven bus and proceeded into the middle lane where his car was struck by plaintiff's automobile.

Plaintiff's suit was initially directed against Timothy Webster, Johnny McCoy (the owner of the car which Webster was driving), Acceptance Insurance Company (Johnny McCoy's liability carrier), the "Unknown Bus Driver" (Glen Kennedy), New Orleans Public Service, Inc., and Horace Mann Insurance Company (plaintiff's uninsured motorist carrier). Johnny McCoy, was dismissed on a motion for directed verdict. In response to written interrogatories, the jury found Timothy Webster 10% negligent, NOPSI 90% negligent, and awarded plaintiff $500,000.00. In a November 27, 1984 judgment in consideration of the jury's verdict, the trial judge decreed that Timothy Webster, Acceptance Insurance Company, New Orleans Public Service, Inc. and Glenn Kennedy were liable jointly and in solido to plaintiff for the $500,000.00 amount awarded. It is from this judgment that all parties appeal.

LIABILITY

Appealing, defendants NOSPI and Kennedy contend that because the accident resulted from the joint negligence of Perret and Timothy Webster, plaintiff failed to establish negligence on their part. We disagree.

Plaintiff testified that on the day of the accident she was traveling about 35 mph in *285 a Volkswagen in the middle lane of DeGaulle headed towards the Mississippi River bridge. According to Perret, she was looking directly ahead when the front portion of Webster's vehicle suddenly pulled in front of her. Although plaintiff did not recall the impact, she did remember sounding her horn, and slamming on her brakes as hard as she could. Furthermore, plaintiff also stated that she was aware DeGaulle was the favored street and Sandra the controlled one, and that she did not recall seeing a bus as she approached the intersection.

Timothy Webster testified that he was traveling in a 1974 Oldsmobile 98, on Sandra in the direction of DeGaulle. According to Webster, he had stopped on Sandra pursuant to a stop sign located about 4 to 5 feet from the intersection of Sandra and DeGaulle (at the intersection Sandra is a two-way street divided by a yellow line), in the lane next to the center line. While there, Webster noticed to his left a NOPSI bus stopped on DeGaulle 10 to 15 feet from the corner of DeGaulle and Sandra. After the bus had been stopped about a minute it moved straight toward the witness in the lane of traffic next to the curb. Before attempting to turn onto Sandra, the bus driver, after looking into his side view mirror, stared directly at Webster and motioned with his right hand for him (Webster) to cross DeGaulle. Webster, proceeding about 5 mph, pulled out in front of the bus and without making a second stop entered the center lane of traffic where he saw plaintiff coming. Attempting to keep out of the way of the oncoming vehicle, Webster turned his car away but was unable to avoid the accident.

Kennedy, the bus driver, testified that he had turned right from the right lane of DeGaulle onto Sandra and was straightening out the bus when the collision occurred. Upon hearing the impact, he stopped the bus and went to the scene of the accident. Kennedy further testified that it was against NOPSI policy to wave or signal vehicles in traffic situations, and he denied motioning to Webster to cross in front of the bus or going over the center line of Sandra in executing his turn from DeGaulle. In addition, Kennedy admitted that he had called a dispatcher to report the accident in accordance with company policy but did not make out a report since he was neither involved in the accident nor was the bus hit.

Barbara Harris, a passenger on the NOPSI bus, testified that she was seated on the left side of the bus behind the driver and was able to observe him at all times. According to Harris, the bus stopped for a few minutes at the corner of DeGaulle before turning onto Sandra. While there, the bus driver signaled a "maroon colored car" (the Webster vehicle) to go ahead. This took a few minutes, however, because the driver did not immediately move forward and as a result Kennedy made several more motions with his head and hand signaling to Webster to proceed. When Webster finally pulled out there was a collision. Harris further testified that the bus driver crossed over the center line on Sandra when he turned from DeGaulle onto Sandra and that Kennedy had not straightened the bus when he stopped after the accident. In addition, the witness related that although she was not sure whether she had seen Perret's car prior to the accident, she did remember hearing the screeching of brakes and the impact.

Joseph H. Andre, plaintiff's expert in the field of traffic analysis, investigation and accident reconstruction, testified, based on the measurements of the bus and the traffic lanes, that the bus, proceeding riverbound down DeGaulle in the right hand lane, could not turn onto Sandra without going over the center line on Sandra. However, Andre did admit that if the bus were traveling in the middle lane of DeGaulle or going over the curb it would be able to turn right onto Sandra without crossing the center line.

Jesse J. Hunter, defendant's witness and an employee of NOPSI, testified that the same sized bus could make the turn from DeGaulle onto Sandra without crossing over the yellow line (center line) on Sandra.

*286 Fred Reiser, the investigating police officer, testified that there was no NOPSI bus at the scene of the accident when he arrived. According to Reiser, Webster had related to him that he had stopped on Sandra at the intersection of Sandra and DeGaulle.

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Bluebook (online)
498 So. 2d 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perret-v-webster-lactapp-1986.