Pryor v. UNITED SERVICES AUTO. ASSOC.

729 So. 2d 658, 1999 WL 74634
CourtLouisiana Court of Appeal
DecidedFebruary 10, 1999
Docket98-CA-1371
StatusPublished
Cited by4 cases

This text of 729 So. 2d 658 (Pryor v. UNITED SERVICES AUTO. ASSOC.) 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
Pryor v. UNITED SERVICES AUTO. ASSOC., 729 So. 2d 658, 1999 WL 74634 (La. Ct. App. 1999).

Opinion

729 So.2d 658 (1999)

Debbie Pryor Wife of/and Jason PRYOR, Individually and on Behalf of the Estate of Their Minor Children, Jason, Jonathan and Jordan
v.
UNITED SERVICES AUTOMOBILE ASSOCIATION and Thomas Juneau.

No. 98-CA-1371.

Court of Appeal of Louisiana, Fourth Circuit.

February 10, 1999.
Writs Denied April 30, 1999.

*659 Robert L. Manard, Manard and Buck, New Orleans, LA, for plaintiffs/appellees.

John T. Suttles, Jr., Timothy G. Schafer, Schafer & Schafer, New Orleans, LA, for defendants/appellants.

WALTZER, Judge.

Plaintiffs, the Pryors, sued defendants, Ricardo Leoni and his insurer, after an accident between two vehicles driven by Leoni and Debbie Pryor. The jury found in favor of the plaintiffs and awarded $1,185,000.00.

STATEMENT OF FACTS AND HISTORY OF THE CASE

On 13 April 1994, both Pryor, driving a white Nissan Sentra, and Leoni with two friends, driving a four door Ford Explorer, entered Lee Circle from the uptown direction. Pryor headed for the Exxon gas station on the uptown lake corner of the traffic circle, and Leoni wanted to enter the eastbound lanes of Interstate 10 at the uptown lake corner of the circle. Construction on the day of the accident impeded normal traffic flow.

At the time of this accident, the downtown side of the intersection of Howard Avenue and Lee Circle consisted of two lanes. In March 1994, the city, through a contractor, *660 redesigned this portion of the circle and reduced the three lanes to two lanes.

At the light on the west edge of the circle, the Leoni vehicle was behind the Pryor car. Immediately before the accident, Pryor testified that she attempted to turn right from the left lane of Lee Circle into the inside, left lane of Howard Avenue. At trial Pryor testified that the point of impact occurred in the right lane of the circle before either the downtown streetcar tracks or the uptown tracks and the vehicles came to rest some distance from the initial impact on the downtown tracks. However, at her deposition on 31 August 1995, Pryor testified that the collision, point of initial impact between the two vehicles, occurred on the uptown side of the downtown tracks. Pryor also testified that she did not see the Leoni vehicle at any time before impact.

Officer Charles Davis, employed by the New Orleans Police Department and assigned to the Sixth District, testified at the trial. The trial court recognized, without objection, Officer Davis as an expert in the field of accident investigation. Davis testified about the contents of his police report. He testified that the portion of Lee Circle consisted of three lanes, a left lane, a right lane, and a right turn only lane. He also testified that Leoni stated at the scene that he was in the left lane. Furthermore, he testified that Pryor stated at the scene that she was in the right lane of Lee Circle and that the Leoni vehicle struck her as she attempted to make a right turn onto Howard Avenue. The trial court disallowed some of Davis' conclusions regarding the facts precipitating the accident, but he allowed Officer Davis' diagram, a part of the police report, to be admitted. This diagram depicts Davis' conclusions regarding the positions of the vehicles at the time of the collision. He testified that he ticketed Leoni for improper lane usage. Davis concluded that the right front of Pryor's car collided with the left side of the Leoni vehicle, the driver's door.

Plaintiffs introduced the testimony of two experts in the area of accident reconstruction. Both Raymond Burkart and Dr. Franklin Griffith testified for plaintiffs, and they concluded that Leoni, whether the initial point of impact is determined to be where Pryor placed it at trial or where she placed it at her deposition, entered the right turn only lane after the stop bar, the white line on the street surface, but before the collision.

The Pryors testified about the extent of damages. Debbie Pryor sought treatment for her injuries immediately after the accident. She treated with Dr. Richard Warren, a neurologist, for her injuries. She also treated with Dr. Kenneth Vogel, a neurosurgeon. Dr. Vogel treated Pryor from 17 May 1994, for injuries to her neck, arm, shoulder, and lower back. Dr. Vogel performed the first surgery required to treat plaintiff's injuries. He did a four-level neurotomy in September 1994. Dr. Vogel referred Pryor to an orthopedic surgeon, Dr. John J. Watermeir. Dr. Watermeir began treating Pryor on 18 July 1995, and he performed the second surgical procedure to treat the injury to her neck. He removed two cervical discs. Dr. Watermeir performed surgery, the third surgical procedure used to treat plaintiff's injuries, on her wrist, after he diagnosed carpal tunnel syndrome. Dr. Watermeir also performed the fourth surgery to correct plaintiff's injuries. He performed surgery on her lower back, a titanium cage fusion.

Before the accident, Pryor worked two jobs. She worked as a nurse's assistant for a home health care agency. She also did data entry. Both Dr. Watermeir and Bobby Roberts, an expert in the area of vocation evaluation testified about and explained that plaintiffs injuries, and limitation caused by those injuries, prohibit her from performing the work she did before the accident.

Debbie Pryor and her husband testified about changes in their relationships since the accident. Pryor explained that she has been unable to do what she did for her family before the accident. She explained that her sexual relationship with her husband had suffered. Her husband also testified about this deterioration in their relationship, and he described how active she was before the accident and how she was now unable to do activities for and with him and their children.

After plaintiffs rested, the defendants introduced numerous witnesses. John Excinios *661 testified as an expert on the subject of traffic engineering. He explained the configuration of the traffic circle and the traffic devices employed at this intersection.

Defendants introduced the testimony of John Rigol, an expert in the area of accident reconstruction. Rigol concluded that the accident could not have occurred at the point identified at trial by plaintiff and her experts, considering the angles. He also concluded that the collision occurred after Leoni changed from the left lane to the right lane of the circle after the stop line but before the downtown streetcar tracks when Pryor attempted to change lanes in the circle.

Leoni's friends testified for defendants. David Ardoin testified that the three men in the Leoni vehicle had a tee time of four o'clock at Eastover Country Club on the afternoon of the accident. They were not late for their tee time before the accident. Ardoin and Thomas Juneau saw the Pryor car immediately before the collision. They stated that Pryor was past the left lane of Howard, and the collision occurred just before the downtown tracks, and they saw her car enter the right lane and side-swipe them.

Defendant, Ricardo Leoni, testified that he entered Lee Circle in the left lane and stopped twice for traffic lights. After the second light, he changed from the left lane, which he remembered being congested, to the right lane. He denied ever entering the right turn only lane.

Plaintiffs sued Leoni and his insurer for damages sustained from the accident of 13 April 1994. Trial was held in November 1997. The jury returned a verdict finding that Leoni's fault caused the accident. The jury also found that Pryor did not cause the accident.

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

Related

Lawrence v. Government Employees Insurance Co.
151 So. 3d 917 (Louisiana Court of Appeal, 2014)
Crane v. LaRocca
924 So. 2d 1023 (Louisiana Court of Appeal, 2006)
HOLLY & SMITH ARC., INC. v. St. Helena Congregate Facility
872 So. 2d 1147 (Louisiana Court of Appeal, 2004)
Parker v. Delta Well Surveyors, Inc.
791 So. 2d 717 (Louisiana Court of Appeal, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
729 So. 2d 658, 1999 WL 74634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pryor-v-united-services-auto-assoc-lactapp-1999.