Slone v. Greber

989 So. 2d 273, 2008 WL 3399405
CourtLouisiana Court of Appeal
DecidedAugust 13, 2008
Docket43,471-CA
StatusPublished
Cited by6 cases

This text of 989 So. 2d 273 (Slone v. Greber) 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
Slone v. Greber, 989 So. 2d 273, 2008 WL 3399405 (La. Ct. App. 2008).

Opinion

989 So.2d 273 (2008)

Naomi SLONE, Plaintiff-Appellant
v.
Michael GREBER and City of Shreveport Police Department, Defendants-Appellees.

No. 43,471-CA.

Court of Appeal of Louisiana, Second Circuit.

August 13, 2008.

*275 F.Q. Hood, Jr., Joel K. Murphy, Bossier City, for Appellant.

Curtis R. Joseph, Jr., Ronald F. Lattier, Shreveport, for Appellees.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

CARAWAY, J.

Plaintiff and a police officer were involved in a two-vehicle collision at the intersection of two Shreveport streets. The accident occurred as plaintiff proceeded through a green light in her lane of travel and struck the rear passenger side of the police vehicle as it traveled through the intersection with lights activated in response to an emergency call. The trial court granted the officer statutory immunity under La. R.S. 32:42(C) and rejected plaintiff's claim for damages. This appeal ensued. We affirm.

Facts

At approximately 6:30 a.m. on December 30, 2004, Naomi Slone was driving home after completing a night shift of work as a sitter. The lighting was dark and the streets were dry. Slone traveled north on Centenary Boulevard at the intersection of Stoner Avenue with her headlights activated. Centenary is a two-lane roadway which has a turn lane at its intersection with Stoner. Stoner is a four-lane roadway through the intersection. Slone traveled straight through the intersection in the far right lane of Centenary.

As she approached the intersection, Slone testified that she slowed down when she noticed a police car stopped at the Stoner traffic signal facing west. The police vehicle was driven by Patrol Officer Jeff Couch. Slone stated that she observed that the traffic light was green, and she proceeded through the intersection at a speed of less than 35 miles per hour with a brief glance to the left. Slone did not see the emergency lights of the vehicle driven by Shreveport Police Officer Michael Greber as he approached the intersection of Stoner and Centenary traveling east in response to a priority one call. Even as *276 she drove into the side of the patrol car, Slone reported never seeing its flashing lights which were undisputedly engaged.

The Greber police vehicle proceeded through the intersection with its overhead emergency lights and the "wig-wag" lights in front of the car activated, but with no siren. Because of his concern for the safety of the intersection, mainly a hill to the south on Centenary and the ninety degree right turn of Centenary Boulevard immediately to the north of the intersection, Greber slowed in response to the red light to approximately fifteen to twenty miles per hour while proceeding through the intersection. Although Greber claimed to have looked both left and right, he did not observe Slone continuing north on Centenary and the two cars collided, with Slone's vehicle striking the right rear wheel assembly of Greber's police car.

Officer Couch confirmed that he observed that Greber was over half way through the intersection when Slone hit the right rear passenger side of the car. Couch estimated that Greber was traveling approximately twenty to twenty-fives miles per hour when he was hit.

The camera of Greber's police vehicle recorded the accident, and the video showed that Greber's lights and brakes were activated when his car was hit. It also documented that Greber slowed as he entered the intersection.

After the impact, Slone complained of chest, knee and left shoulder pain and she was transported to a hospital by ambulance. Slone received medical treatment for her back and shoulder pain, including left rotator cuff surgery, through November 2005.

On December 27, 2005, Slone instituted a personal injury suit against Greber and the City of Shreveport (hereinafter "defendants") arising from the accident. She claimed freedom from fault, alleging instead that Greber's negligence was the sole cause of the accident. The defendants answered the suit arguing that it was Slone's failure to yield the right of way to the emergency vehicle under La. R.S. 32:125[1] that was the sole cause of the accident. The defense also asserts that Greber's actions were appropriate under the statutory allowance for emergency drivers in La. R.S. 32:24.

After hearing the testimony of Slone, Greber and eyewitness Officer Couch, the trial court found that Greber's actions were in compliance with La. R.S. 32:24 and dismissed Slone's claims.

Discussion

On appeal, Slone argues that the trial court erred in finding her solely at fault in causing the accident and in failing to award her damages. She contends that the tests of the emergency vehicle statute under the circumstances of this case required Greber to use the audible signals of his patrol car and to stop before entering the intersection against the red light.

The emergency vehicle statute, La. R.S. 32:24 (hereinafter the "Statute"), provides as follows:

*277 24. Emergency vehicles; exceptions
A. The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.
B. The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this Chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing the direction of movement or turning in specified directions.
C. The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals sufficient to warn motorists of their approach, except that a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
D. The foregoing provisions shall not relieve the driver of an authorized vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

The purpose of the Statute is to provide immunity from liability to drivers of emergency vehicles, under specific circumstances. Rabalais v. Nash, 06-0999 (La.3/9/07), 952 So.2d 653.

If, and only if, an emergency vehicle driver's actions fit into Subsections A, B and C of La. R.S. 32:24, will an emergency vehicle driver be held liable only for actions which constitute reckless disregard for the safety of others. On the other hand, if the emergency vehicle driver's conduct does not fit Subsections A, B and C of La. R.S. 32:24, such driver's actions will be gauged by a standard of "due care." Rabalais, supra, citing, Lenard v. Dilley, 01-1522 (La.1/15/02), 805 So.2d 175. The failure of "due care" under Subsection D of the Statute is synonymous with ordinary negligence. "Reckless disregard," however, connotes conduct more severe than negligent behavior. "Reckless disregard" is, in effect, "gross negligence." Rabalais, supra.

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989 So. 2d 273, 2008 WL 3399405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slone-v-greber-lactapp-2008.