Roy Peters v. American Alternative Insurance Co.

Louisiana Court of Appeal

Roy Peters v. American Alternative Insurance Co.

Louisiana Court of Appeal·Decided February 13, 2008·No. CA-0007-0972·Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CA 07-972

ROY PETERS, ET AL.

VERSUS

AMERICAN ALTERNATIVE INSURANCE CO., ET AL.

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APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 222,047 HONORABLE GEORGE CLARENCE METOYER JR, DISTRICT JUDGE

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JOHN D. SAUNDERS JUDGE

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Court composed of John D. Saunders, Marc T. Amy, and Billy Howard Ezell, Judges.

REVERSED AND REMANDED.

Michael Thomas Johnson Donna M. Johnson Johnson & Siebeneicher P. O. Box 648 Alexandria, LA 71309 (318) 484-3911 Counsel for Defendants/Appellants: Rapides Parish School Board American Alternative Insurance Co. Thomas D. Davenport, Jr. The Davenport Firm 1628 Metro Drive Alexandria, LA 71301 (318) 445-9696 Counsel for Plaintiffs/Appellees: Jasmine Williams Roy Peters Jamaka Williams Jaterries Williams Jalen Peters SAUNDERS, Judge.

This is an automobile accident case. The accident took place between a vehicle

allegedly stopped at an intersection and a school bus making a left turn from the

intersecting lane onto the street occupied by the first vehicle. There were no witnesses

to the accident other than the driver and occupants in the first vehicle and the school

bus driver. Both vehicles were moved prior to the investigating officer’s arrival.

The plaintiffs were granted a Partial Summary Judgment on the issue of

liability. The defendant insurance company appealed alleging, inter alia, that the trial

court erred in stating that liability had been stipulated to by the parties and erred in

granting the plaintiffs’ Motion for Partial Summary Judgment because there were

genuine issues of material fact in relation to liability.

We find that it is clear from the record that the parties did not stipulate to

liability. We also reverse the trial court’s ruling that granted the plaintiffs’ Motion for

Partial Summary Judgment on the issue of liability and remand the case for further

proceedings not inconsistent with this opinion. All other assignments raised by the

defendant insurance company are pretermitted.

FACTS AND PROCEDURAL HISTORY:

On November 3, 2004, Sylvester Dotson (hereinafter “Dotson”), a school bus

driver employed by the Rapides Parish School Board, was in an automobile accident

with a vehicle driven by Mrs. Jamaka Williams (hereinafter “Williams”). Dotson’s

school bus was insured by American Alternative Insurance Company (hereinafter

“American Alternative”). Dotson was attempting to make a left turn from Lee Street

onto Felker Street. The Williams vehicle was located at or near a stop sign on Felker

Street facing the opposite direction that Dotson’s bus would have been traveling, had

he made a left turn. Williams, Roy Peters, the owner of the vehicle driven by Williams, and the

occupants of the Williams driven vehicle, Jatteries Williams, Jasmine Williams, and

Jalen Peters (hereinafter collectively “the plaintiffs”), claimed that as Dotson was

making the left turn onto Felker Street, he crossed the center of the street and

impacted the plaintiffs’ vehicle. Dotson and American Alternative contend that

Dotson properly executed his left turn and at all times remained to the right of the

center of Felker Street. At the time of the accident, Felker Street had no painted center

line.

Prior to trial, plaintiffs filed a Motion for Partial Summary Judgment on the

issue of liability. At the initial hearing on April 2, 2007, plaintiffs introduced as

evidence American Alternative and Dotson’s discovery responses. These responses

included photographs and information from the adjuster who went to the scene of the

accident, Stephen Evans. To counter this evidence, American Alternative submitted

an affidavit signed by Dotson wherein he stated, in essence, that he did nothing to

cause the accident. At that time, the trial court indicated that additional information

was needed in order to fully adjudicate the motion. The trial court continued the

hearing and directed the plaintiffs to take the deposition of the adjuster that took the

pictures contained in American Alternative and Dotson’s discovery responses.

On May 7, 2007, at the second hearing on plaintiffs’ motion, the depositions

of the adjuster, Evans, and the officer who investigated the accident, Officer Len Hall,

were introduced as evidence by the plaintiffs. The trial court then granted the Motion

for Partial Summary Judgment. American Alternative suspensively appealed this

ruling.

While American Alternative’s appeal was pending, a trial on the damages was

2 held on May 22, 2007. During oral reasons for judgment rendered on the day of trial,

the court noted that liability was stipulated to by the parties. The trial resulted in a

judgment awarding the plaintiffs, in addition to legal interest from the date of

judgment and costs associated with the proceedings, the following amounts for

general and special damages:

Jamaka Williams, general damages of $45,000.00 and special damages of $8,902.13; Jatteries Williams, general damages of $8,500.00 and special damages of $1,060.00; Jasmine Williams, general damages of $4,500.00 and special damages of $458.00; Jalen Peters, general damages of $6,500.00 and special damages of $570.00; and Roy Peters, automobile repairs and rental $2,500.00.

American Alternative appealed, alleging that the trial court’s statement

regarding stipulation to damages was incorrect. It also appealed the damages awarded

in the judgment reached after the damages trial. American Alternative’s appeal of the

Partial Summary Judgment and its appeal of the damages awarded in judgment after

trial were combined into one appeal before this court. In that combined appeal,

American Alternative alleges five assignments of error.

In its first assignment of error, American Alternative alleges that the trial court

erred in stating that stipulation was made by the parties regarding liability. In its

second assignment of error American Alternative alleges that the trial court erred in

granting the Motion for Partial Summary Judgment on the issue of liability as it

alleges that genuine issues of material fact exist that would make such a judgment

improper.

ASSIGNMENTS OF ERROR:

1. Did the trial court err in finding that the parties stipulated to liability?

3 2. Did the trial court err in granting the Motion for Partial Summary Judgment on the issue of liability as genuine issues of material fact existed?

3. Did the trial court err in continuing the Motion for Summary Judgment heard on April 2, 2007, and requesting additional evidence regarding the summary judgment?

4. Did the trial court err in awarding excessive general damages to the plaintiffs?

5. Did the trial court err in awarding damages to plaintiff, Roy Peters, as the damages awarded related to property damage which were predicated on the finding of liability against the defendants/ appellants?

ASSIGNMENT OF ERROR #1:

American Alternative contends that the trial court erred in finding that the

parties stipulated to liability. We agree.

In the trial court’s oral reasons for judgment rendered on the day of the

damages trial on May 22, 2007, the court noted that liability was stipulated to by the

parties. This statement is not supported by the record. Liability was determined by the

court on summary judgment by oral ruling on May 7, 2007. A written judgment was

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