Pringle v. Williamson Chevrolet, Buick & Pontiac, Inc.

480 So. 2d 929, 1985 La. App. LEXIS 10471
CourtLouisiana Court of Appeal
DecidedDecember 4, 1985
DocketNo. 17420-CA, 17421-CA
StatusPublished
Cited by3 cases

This text of 480 So. 2d 929 (Pringle v. Williamson Chevrolet, Buick & Pontiac, Inc.) 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
Pringle v. Williamson Chevrolet, Buick & Pontiac, Inc., 480 So. 2d 929, 1985 La. App. LEXIS 10471 (La. Ct. App. 1985).

Opinion

HALL, Chief Judge.

Plaintiffs-appellees, Faces B. Pringle and Albert Gibson, Jr. were awarded $5,507.00 and $2,900.00 respectively by the trial court as damages resulting from an accident when Gibson’s truck, driven by Pringle, ran off Highway 1 north of Vivian in rural Caddo Parish. The trial court found that the steering wheel of the truck malfunctioned due to the negligent repair of an ignition switch on the steering column of the truck by defendant-appellant, Williamson Chevrolet, Buick, Pontiac, Inc. Williamson and its insurer, the Ohio Casualty Insurance Company, appealed urging that the trial court’s finding of fault was in error. Pringle has answered the appeal seeking an increase in the damages awarded. Finding no error in the judgment of the trial court, we affirm.

On the afternoon of December 9, 1983 Faces Pringle went to Williamson Chevrolet, Buick, and Pontiac in Vivian to pick up the truck of Albert Gibson, Jr., Ms. Prin-gle’s boyfriend. The truck, a 1975 Chevrolet Silverado, had previously been taken to Williamson to repair the ignition switch in which a key had broken off.

After leaving Williamson in the truck, Pringle travelled north on Highway 1 and was followed by one of her employers, D.E. Holt. Pringle testified that approximately five miles north of Vivian on Highway 1 near Myrtis the steering wheel locked causing her to lose control of the truck, exit the highway, and strike a utility pole. Ms. Pringle sustained a shoulder and neck injury and the truck was totalled.

LIABILITY

Defendants contend that the judgment of the trial court is clearly wrong under the standard of appellate review set forth by the Louisiana Supreme Court in Watson v. State Farm Fire and Cas. Ins. Co., 469 So.2d 967 (La.1985). In Watson, the court held:

Upon appellate review Louisiana courts have jurisdiction with regard to both law and facts. La. Const, art. V, § (B). However we have held that
When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error. Stated another way, the reviewing court must give great weight to factual conclusions of the trier of fact; where there is conflict in the testimony reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences aré as reasonable. Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973).
This standard of appellate review was not intended to be applied so as to require upholding the ruling of a trial court simply, “when the evidence before the [931]*931trier of fact furnishes a reasonable basis for its findings.” Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978). Instead, a finding of fact by a trial court should be upheld “unless it is clearly wrong.” And “appellate review of facts is not completed by reading so much of the record as will reveal a reasonable factual basis for the finding in the trial court.” Id. Proper review requires that the appeal court determine from the record that the trial court finding is not clearly wrong or manifestly erroneous.

Defendants’ principal contention on appeal is that the trial court was clearly wrong in apparently concluding that the steering wheel came off of the steering shaft even though Ms. Pringle testified that the steering wheel locked. Although it is uncertain as to exactly what happened to the steering mechanism of the truck, we find that the trial court was not clearly wrong in concluding that the steering mechanism malfunctioned and that the malfunction occurred due to the negligence of the defendant Williamson Chevrolet, which conclusion is supported by substantial evidence.

In support of plaintiffs assertion that the steering wheel of the truck locked, the plaintiff offered the testimony of her employer, D.E. Holt, the testimony of the driver of the car preceding her on Highway 1, Timothy Chelette, and the testimony of a mechanic, Willie Lee Brown.

Mr. Holt testified that he had given Ms. Pringle a ride to Williamson Chevrolet in Vivian to pick up the truck. Mr. Holt stated that Ms. Pringle was approximately one quarter of a mile ahead of him when he observed the vehicle as it approached a curve, slid sideways off of the highway into a ditch, and hit a utility pole. As Mr. Holt stopped, Ms. Pringle crawled out of the truck and up the bank of the highway in an apparent state of shock stating, “the steering wheel would not turn.”

Timothy Chelette testified that as he was travelling north on Highway 1 he observed Ms. Pringle in the truck behind him jerking on the steering wheel of the truck and appearing very frightened. Mr. Chelette testified that as the truck approached the curve, the front wheels of the truck suddenly turned to the left and the truck exited the highway.

Willie Brown, a mechanic, testified that approximately two weeks after the accident occurred, he bought the truck for salvage and went to the wrecking yard where the truck was located. According to Mr. Brown, when he attempted to tow the truck from the its rear with his wrecker, he could not pull it because the steering wheel of the truck was locked. Mr. Brown stated that he found that a nut and lockwasher within the steering column were laying loose and the lock ring was missing. He felt that this was the reason the steering wheel was locked. Mr. Brown also testified that he had known Mr. Gibson for ten to twelve years and was pretty good friends with Mr. Gibson.

The contention that the steering wheel of the truck locked was contradicted by the defense testimony of a deputy who investigated the accident, R.S. Shafitt, the owner of the wrecking yard where the truck was taken, Jimmy Bounds, and his son, Tommy Bounds, and also by the testimony of David Horn, the mechanic at Williamson Chevrolet who worked on the truck. Deputy Saf-itt, Jimmy Bounds, and Tommy Bounds, each testified that at the wrecking yard after the accident had occurred, they reached in and turned the steering wheel of the truck and that it moved freely and the tires moved freely.

Mr. Horn testified that it was his opinion that it was impossible for the steering wheel to have locked. According to Horn, the absence of the nut on the steering column would not cause the steering wheel to lock but might cause the steering wheel to come off the steering shaft into the driver’s hands. He testified that if the steering wheel pulled up to a certain point, it was possible that the driver would not have control of the direction of the wheels.

Although there is contradictory testimony as to what happened or could have [932]*932happened to the steering mechanism of the truck, we find that the trial court was not clearly wrong in concluding that the steering mechanism malfunctioned and that Williamson Chevrolet was responsible for the malfunction. Specifically, the steering column of the truck had been taken apart and worked on at Williamson Chevrolet and the truck was driven only a short distance to where the accident occurred. The trial court correctly placed great weight upon the testimony of Timothy Chelette, the driver preceding Ms. Pringle, who said that “she had both hands on the wheel — trying to maneuver, but it just wouldn’t go.” Mr.

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Bluebook (online)
480 So. 2d 929, 1985 La. App. LEXIS 10471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pringle-v-williamson-chevrolet-buick-pontiac-inc-lactapp-1985.