Ritter v. Willis

425 So. 2d 1001, 1983 La. App. LEXIS 7632
CourtLouisiana Court of Appeal
DecidedJanuary 10, 1983
DocketNo. 5-353
StatusPublished

This text of 425 So. 2d 1001 (Ritter v. Willis) 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
Ritter v. Willis, 425 So. 2d 1001, 1983 La. App. LEXIS 7632 (La. Ct. App. 1983).

Opinion

CURRAULT, Judge.

This is an appeal from a jury verdict against defendant-appellant, Insurance Company of Florida, and in favor of plaintiff-appellee, Eileen Rooney Ritter, for injuries sustained as a result of an automobile collision.

On May 30, 1978, at approximately 4:15 p.m., plaintiff, Mrs. Ritter, and defendant, Mrs. Willis, were involved in a two-car collision at a traffic signal intersection on Airline Highway in Metairie, Louisiana. The accident occurred when Ritter, exiting Airline Shopping Village at the signal, was struck on the left side by Willis, driver of a Service Cab Company taxicab. Willis was traveling west with a passenger on the way to Moisant Airport, the weather at the time was rainy and there had been a recent heavy downpour. The impact of the collision propelled Ritter’s car into a third vehicle parked in a parking area west of the collision scene. The car sustained total damages and Ritter suffered injuries to her neck, wrist and ankle.

As a consequence of the collision, Mrs. Ritter filed suit and in a jury trial heard on December 7 and 8,1981, the jury rendered a verdict solely against the Insurance Company of Florida in the amount of $20,000, together with legal interest and costs. The other defendants were dismissed by joint stipulation of the parties.

Following a denial of motions for a new trial and remittitur, the Insurance Company of Florida perfected this appeal.

Appellant asserts the following issues for our consideration:

(1) That the trial judge erred in failing to give defendant’s requested jury charge concerning the possible contributory negligence of the plaintiff;

(2) That the jury exceeded its discretion in the amount of recovery awarded plaintiff; and

(3) That the trial judge erred in denying the motion for new trial or the alternative request for remittitur.

Appellant first argues that the failure of the trial court to charge the jury as follows was error:

“If a plaintiff who proceeded into an intersection either against a red light or as it turned green without allowing the vehicle driven by one of the defendants, who entered the intersection while signal light was yellow, sufficient time to clear the crossing, the plaintiff is guilty of negligence which is a proximate cause of the accident. Martin v. Slocom, [La.]App. 1962, 147 So.2d 454 (Emphasis added)”

The trial judge refused the charge on the basis that it is an insufficient statement of the law. After a review of the case law, we agree.

In Correge v. Webb, 284 So.2d 355 (La.App. 4th Cir.1973) writ refused 1973, the court stated:

“The purpose of the yellow warning signal is not only to provide a warning that [1003]*1003the light is about to change to red, but also to provide a period of time for traffic entering the intersection just as or just after the light turns yellow to clear the intersection before the green light flashes for opposing traffic. If the burden is placed on the motorist in whose favor the light turns green to keep a lookout for traffic which blatantly disregarded the yellow warning signal, then the function of the yellow caution light will be frustrated. Traffic lights, instead of serving to facilitate the movement of traffic, would then serve to deter its movement.” Correge, supra at page 361.

Furthermore, where the evidence indicates that drivers at intersections controlled by a traffic signal attempt to “ ‘... beat the light’ or be ‘first off the line’, although they may be legally where they are entitled to be, they have violated standards of duty imposed on them as prudent operators of motor vehicles.” Cumis Insurance Society v. Christidis, 418 So.2d 730 (La.App. 4th Cir.1982) at page 732.

Thus, it is evident that while the statement purported by defendant may be partially correct, other cases have expanded and delineated the responsibilities beyond what is stated in the requested jury charge. In addition, the charges submitted to the jury adequately informed the jury as to contributory negligence operating as a bar to recovery, as well as defining proximate cause. Regardless of this particular charge, the jury was informed sufficiently to make the factual determination that the sole negligence of defendant was the proximate cause of the collision. That finding is amply supported by the record. Accordingly, we find no merit in this allegation.

Appellant’s last two arguments assert error as to the amount of recovery awarded, and error in the trial court’s denial of his motion for a new trial and in this alternative motion for remittitur.

While appellant cites several cases to support its request for reduction in quantum, it is established law in Louisiana that the standard of review is whether the trial court abused its discretion. Coco v. Winston, Inc., 341 So.2d 332 (La.1976); Reck v. Stevens, 373 So.2d 498 (La.1979); Perniciaro v. Brinch, 384 So.2d 392 (La.1980). In determining the appropriateness of a trial court’s award for general damages, the appellate review is limited. Before an appellate court can disturb a damage award, it must be clearly demonstrated in the record that the jury or trier of fact abused the broad, much discretion rule.

Appellant has cited cases from the various circuits of our State relating to what a particular injury is worth based on length of treatment, amount of disability, etc. However, in Coco v. Winston Industries, Inc., supra, the court stated:

“Further we believe that, heretofore, courts of appeal have placed too much emphasis on their review of other reported decisions. Certainly no two cases are ever fully alike. And whether two cases are so similar as to produce like quantum judgments is hardly discernible by gleaning the facts of the comparable decision from simply a written opinion of an appellate tribunal. Of course, another factor bearing on this matter is that significant change has been made, and is taking place in our society not the least of which are changes in economic conditions (particularly rampant inflation), fluctuating job categories, employment opportunities and even lifestyles. Furthermore, it is impossible for an appellate court to judge what evidence in a particular case was given special weight by the finder of fact.” At pages 335, 336.

The facts herein reveal that plaintiff, a special education teacher, was on a leave of absence due to an arthritic condition at the time of the accident. As an immediate consequence of the collision she was taken to the emergency room of Hotel Dieu Hospital for treatment. She also saw a rheu-matologist, Dr. Hall, two or three days after the accident; however, it wasn’t clear if this visit was related to the accident. Regardless, her testimony revealed that the impact was severe — -an assertion supported by the testimony of the investigating police officer.

[1004]*1004At the time of the accident, Mrs. Ritter had been planning her wedding for several months. The wedding, a large affair, was set for June 3, 1978, five days after the accident. Mrs. Ritter, understandably, felt compelled to continue with her plans, since this event was to be a major emotional and financial one in her life.

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Related

Martin v. Slocum
147 So. 2d 454 (Louisiana Court of Appeal, 1962)
Perniciaro v. Brinch
384 So. 2d 392 (Supreme Court of Louisiana, 1980)
CUMIS INS. SOC., INC. v. Christidis
418 So. 2d 730 (Louisiana Court of Appeal, 1982)
Coco v. Winston Industries, Inc.
341 So. 2d 332 (Supreme Court of Louisiana, 1977)
Correge v. Webb
284 So. 2d 355 (Louisiana Court of Appeal, 1973)
Miller v. Chicago Insurance Company
320 So. 2d 134 (Supreme Court of Louisiana, 1975)
Reck v. Stevens
373 So. 2d 498 (Supreme Court of Louisiana, 1979)
Rossignol v. Rose
378 So. 2d 196 (Louisiana Court of Appeal, 1979)

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Bluebook (online)
425 So. 2d 1001, 1983 La. App. LEXIS 7632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritter-v-willis-lactapp-1983.