Sharbino v. State Farm Mut. Auto. Ins. Co.

690 So. 2d 73, 1997 WL 7304
CourtLouisiana Court of Appeal
DecidedJanuary 8, 1997
Docket96-566
StatusPublished
Cited by3 cases

This text of 690 So. 2d 73 (Sharbino v. State Farm Mut. Auto. Ins. Co.) 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
Sharbino v. State Farm Mut. Auto. Ins. Co., 690 So. 2d 73, 1997 WL 7304 (La. Ct. App. 1997).

Opinion

690 So.2d 73 (1997)

Jessica Lambert SHARBINO as Curatrix of Lillie Lambert, Plaintiff-Appellee,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Defendants-Appellants.

No. 96-566.

Court of Appeal of Louisiana, Third Circuit.

January 8, 1997.
Rehearing Denied April 8, 1997.

*74 Ralph W. Kennedy, Alexandria, for Jessica Lambert Sharbino Curatrix etc.

David A. Hughes, Alexandria, for State Farm Mutual Automobile Insurance.

Before COOKS, SAUNDERS, AMY, SULLIVAN and GREMILLION, JJ.

SULLIVAN, Judge.

This is a personal injury suit arising from an automobile-pedestrian accident which occurred on April 13, 1994 in Pineville, Louisiana. Between five and six p.m. on that date, the right rear-view mirror of a Honda Accord, driven by defendant, Mark Rayner, struck plaintiff, Lillie Lambert, as she began to cross Crepe Myrtle Street. Mrs. Lambert, who was eighty-six years old at the time of the accident, suffered a fractured left forearm and hip contusions.

Mrs. Lambert, through her curatrix, Jessica Lambert Sharbino, sued Mr. Rayner and his insurer, State Farm Mutual Automobile Insurance Company, alleging Mr. Rayner's fault in causing the accident. In their answer, defendants maintained that Mr. Rayner was not negligent and that the accident was caused solely by Mrs. Lambert in suddenly and unexpectedly stepping in front of Mr. Rayner's car. Alternatively, defendants asserted that Mrs. Lambert was comparatively at fault.

Following a bench trial, the trial court rendered judgment in favor of plaintiff and *75 against defendants for $35,000.00 in pain and suffering and $11,274.17 in medical expenses. In written reasons, the trial court concluded that, because of Mrs. Lambert's old age and senile dementia, a reduced standard of care applied to her duty to yield the right of way to vehicles. The trial court determined that Mrs. Lambert was not contributorily or comparatively at fault because she was "acting as a reasonably prudent person with senile dementia would under these particular circumstances." Furthermore, the trial court held that Mr. Rayner breached his duty to protect pedestrians from the risk of collision and that Mr. Rayner's breach was a cause in fact of the accident.

On appeal, defendants specify as error the trial court's conclusion that Mr. Rayner was negligent and that such negligence was the sole cause of the accident. After thoroughly examining the record, we conclude that the trial court's conclusion with regard to Mr. Rayner's fault is manifestly erroneous. Accordingly, we reverse.

FACTS

Just prior to the accident, Mrs. Lambert and two neighborhood boys were working in her yard. Her house is located at the corner of Crepe Myrtle Street and Lambert Street. Crepe Myrtle Street is a two-way roadway without a centerline separation.

After pruning her rose bushes, Mrs. Lambert carried the clippings in her arms as she walked along the shoulder of Crepe Myrtle Street. She intended to place the clippings on the opposite side of Crepe Myrtle Street so that the clippings would be picked up by the city's sanitation department. As Mrs. Lambert crossed Crepe Myrtle Street, Mr. Rayner's car struck her and knocked her to the ground. She was eventually taken by ambulance to Rapides Regional Medical Center, where she underwent surgery to correct her fractured forearm.

At trial, Mrs. Lambert testified that she did not remember much about the accident. Because of her senile dementia, her testimony was inconsistent and at times confusing. Mrs. Lambert initially said that she was struck while walking back across the street after placing the rose clippings there for the garbage men to take away. She later said that she was hit while trying to cross Crepe Myrtle Street to get to the other side. Then, she stated that she could not recall at what point she was struck. Mrs. Lambert said she did not see Mr. Rayner's car before being hit. She also did not remember anything about Mr. Rayner trying to help her after the accident. She said that Mr. Rayner wanted to leave the scene of the accident and told her that he had not seen her before his car struck her.

Mr. Rayner testified that he is a twenty-three year old Louisiana College student majoring in biology/pre-medicine. He had never seen Mrs. Lambert before the accident; he professed no prior knowledge of her incapacity. He stated that, at the time of the accident, he was on his way from his Crepe Myrtle Street home to a friend's house in Alexandria to study. Mr. Rayner explained that, as he drove over a slight hill, he saw somebody walking up ahead on the side of the street carrying something. He first saw Mrs. Lambert from about 200 feet away walking parallel to Crepe Myrtle Street. The fact that she was carrying bush clippings parallel to the street struck him as odd. Mr. Rayner said that he slowed down his car, which had been traveling between twenty-five and twenty-seven miles per hour, and moved the car to the left a little bit. He said that, when confronted with a pedestrian walking alongside the road, he always naturally reacts by slowing down his car and moving it over to give the pedestrian adequate space. He did not completely change lanes or blow his horn.

Mr. Rayner testified that, "Right as I got there she turned and walked out in front of me." He said he was about seven or eight feet from her when he realized that she walked into the street into the path of his car. He said that he turned his steering wheel sharply to the left and hit his brake pedal. The car did not skid; its passenger side rear-view mirror struck Mrs. Lambert, who landed on the street near the rear of Mr. Rayner's stopped car. He said that Mrs. Lambert gave no indication that she was about to enter the street.

*76 Mr. Rayner said that, when he got out of his car, Mrs. Lambert had gotten to her feet and was walking back toward her house. He saw blood on her left sleeve and offered to help her. According to Mr. Rayner, he offered to call an ambulance, but Mrs. Lambert refused. He instructed one of the boys to retrieve alcohol and a towel from Mrs. Lambert's home; he said that he poured alcohol on her damaged skin and wrapped her arm in the towel. At that point, Mrs. Lambert's daughter, Jessica Sharbino, came to her house. According to Mr. Rayner, Mrs. Sharbino asked her mother, "Mama, what did you do?" Mrs. Sharbino then called for an ambulance.

Damon Ilses testified that he was one of the two boys helping Mrs. Lambert with her yard work. He said he did not see her get hit because he was turned in the opposite direction mowing grass. He saw Mr. Rayner helping Mrs. Lambert get up and saw the blood on Mrs. Lambert's sleeve. Ilses said that Mrs. Lambert was about two feet into the travel lane of Crepe Myrtle as she was trying to get up. He observed Mr. Rayner's car stopped partially in the oncoming lane at an angle to the street. According to Ilses, Mr. Rayner wanted to call an ambulance, but Mrs. Lambert would not let him. Ilses said he then ran next door to inform Mrs. Sharbino of the accident.

Jessica Sharbino testified that her mother has Alzheimer's disease, high blood pressure, and senile dementia. Mrs. Lambert has limited hearing and does not see well, either. She said that caring for her mother is like caring for a child. Mrs. Lambert lived independently before the accident and was able to cook, clean house, and take care of herself. Since the accident, Mrs. Lambert has lived with Mrs. Sharbino. When Ilses told her of the accident, she ran to her mother's house and called "911." Mrs. Sharbino said that she did not talk to Mr. Rayner at the time.

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Bluebook (online)
690 So. 2d 73, 1997 WL 7304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharbino-v-state-farm-mut-auto-ins-co-lactapp-1997.