Slider v. Myers

557 So. 2d 1111, 1990 La. App. LEXIS 400, 1990 WL 18565
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1990
DocketNo. 21297-CA
StatusPublished
Cited by4 cases

This text of 557 So. 2d 1111 (Slider v. Myers) 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
Slider v. Myers, 557 So. 2d 1111, 1990 La. App. LEXIS 400, 1990 WL 18565 (La. Ct. App. 1990).

Opinion

LINDSAY, Judge.

The plaintiff, Maple Slider, filed suit against the defendant, John Paul Meyer, (incorrectly named as “Myers” in the original petition) for the wrongful death of her twenty-three year old retarded son, Melvin Slider. The trial court ruled in favor of the [1113]*1113plaintiff, awarding her $30,000 in general damages, plus vfuneral expenses of $2,659.70. However, the trial court found the decedent to be seventy percent at fault in causing the accident which resulted in his death and reduced the damage award accordingly. Both the plaintiff and the defendant appealed. We amend, and, as amended, affirm the trial court judgment.

FACTS

On March 19, 1987, between 7:00 and 8:30 p.m., the defendant, John Paul Meyer, was traveling southbound on Louisiana Highway 169. The decedent, Melvin Slider, walked across the road, west to east. While in the highway, he was struck by Meyer’s automobile. The decedent was propelled 140 feet through the air and fell to the roadway. He sustained severe head and neck injuries, resulting in his death. At the time of the accident, the decedent was wearing blue jeans and a light colored shirt.

The defendant stated that he had been driving around in his vehicle all day looking for auto parts to repair a truck which he owned. He consumed a seven ounce container of beer in the afternoon. The defendant claimed that in the early evening he stopped at a friend’s house, which was near his own home. The friend was not at home, so the defendant entered Highway 169 from a side road and began the short trip home. According to the defendant, he had just turned onto the highway from the side road and was traveling at approximately thirty-five miles per hour when he saw a brown “blur” pass in front of his vehicle, which he thought was a large dog.

The defendant said he felt a slight impact. He claimed he then backed up to see what he had hit, but found nothing and then left the scene. The defendant did not get out of his vehicle in order to look for what he had hit, nor to inspect his vehicle for damage.

The decedent’s body was found a short time later. Sheriff’s investigators also found fragments of a vehicle headlight and scattered fragments from the front of an automobile. These fragments were traced to the defendant’s car. Paint from the defendant’s car was found on the decedent’s pants and threads from the decedent’s clothing were later found under the defendant’s vehicle.

An autopsy revealed that at the time of impact, the decedent was standing upright and was struck from the left side. He sustained internal injuries and multiple fractures to both legs. The cause of death was determined to be severe head and neck injuries which occurred when the decedent impacted with the roadway after being struck by the defendant’s vehicle. The decedent, who was slightly retarded, was also found to have a blood alcohol content of .10 percent.

At trial it was brought out that the decedent had a habit of walking along the roads in the area near his home.

The decedent’s mother, who, according to the trial court, also appeared to be retarded, testified that the decedent was living with her at the time of his death, and that they had a good relationship. She also testified that the decedent helped around the house and gave her a portion of the government check which he received each month.

At trial, the plaintiff attempted to show that the defendant pled guilty to misdemeanor criminal charges of hit and run driving which arose out of this accident. The plaintiff also attempted to introduce into evidence the defendant’s 1980 misdemeanor conviction for driving while intoxicated. The trial court ruled that under Louisiana Code of Evidence Article 609, evidence of the defendant’s misdemeanor convictions was not admissible.

In its reasons for judgment, the trial court found the decedent should not have placed himself in a position of peril and was thus seventy percent at fault in causing the accident. The court found the defendant to be thirty percent at fault, reasoning that the defendant had a duty to see what he should have seen and there was no showing that the decedent suddenly darted into the roadway from behind an obstacle which would have prevented the defendant from [1114]*1114seeing him. The court found that the plaintiff was entitled to $30,000 in general damages, plus $2,659.70 for funeral expenses. These awards were reduced by the decedent’s seventy percent fault.

The plaintiff appealed, alleging that the trial court erred in refusing to allow the introduction of the defendant’s convictions. The plaintiff also argues that the trial court erred in assessing the decedent with seventy percent fault. Although admitting the decedent was partially at fault, the plaintiff argues the decedent’s degree of fault was less than seventy percent.

The plaintiff finally argues that the trial court award of $30,000 in general damages was excessively low. The plaintiff cites numerous cases dealing with general damage awards for wrongful death to parents of young adults and contends that an appropriate award in this case would be in the neighborhood of $60,000.

The defendant also appealed the trial court decision. The defendant asserts that under the facts of this case, the decedent was 100 percent at fault in causing the accident. Therefore, the defendant contends that he should not be found liable for any damages.

PRIOR CONVICTIONS

At trial, the plaintiff attempted to show that in connection with this accident, the defendant had entered a plea of guilty to the misdemeanor criminal charge of hit and run driving, a violation of LSA-R.S. 14:100. The plaintiff also sought to impeach the credibility of the defendant by showing that he had previously been convicted of driving while intoxicated, an offense which was not connected to the present accident.

The trial court ruled that the newly enacted Louisiana Code of Evidence precluded the introduction of evidence of these convictions.1 The plaintiff argues on appeal that the trial court erred in excluding this evidence.

Prior DWI Conviction

In an attempt to impeach the credibility of the defendant, the plaintiff sought to introduce evidence that the defendant had a prior misdemeanor conviction for driving while intoxicated. The trial court's refusal to allow such evidence was proper under LSA-C.E. Art. 609, which provides, in pertinent part:

A. For the purpose of attacking the credibility of a witness in civil cases, no evidence of the details of the crime of which he was convicted is admissible. However, evidence of the name of the crime of which he was convicted and the date of the conviction is admissible if the crime: (1) was punishable by death or imprisonment in excess of six months under the law in which he was convicted and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to a party; or (2) involved dishonesty or false statement, regardless of the punishment.

A misdemeanor conviction of driving while intoxicated is not “punishable by death or imprisonment in excess of six months,” nor does it involve “dishonesty or false statement.” Therefore, the trial court was correct in refusing to allow evidence of this conviction.

Guilty Plea to Hit and Run Driving

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Cite This Page — Counsel Stack

Bluebook (online)
557 So. 2d 1111, 1990 La. App. LEXIS 400, 1990 WL 18565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slider-v-myers-lactapp-1990.