Smith-Asekomeh v. Lafayette City-Parish Consol. Gov't

273 So. 3d 438
CourtLouisiana Court of Appeal
DecidedJune 5, 2019
DocketCA 19-69
StatusPublished

This text of 273 So. 3d 438 (Smith-Asekomeh v. Lafayette City-Parish Consol. Gov't) 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
Smith-Asekomeh v. Lafayette City-Parish Consol. Gov't, 273 So. 3d 438 (La. Ct. App. 2019).

Opinion

EZELL, Judge.

Lisa Smith-Asekomeh appeals a trial court judgment granting summary judgment in favor of the Lafayette City-Parish Consolidated Government (LCG). She claims that summary judgment should be reversed because there are questions of material fact concerning the fault of Jackie Green, a bus driver for the Lafayette Transit System. For the following reasons, we reverse the judgment of the trial court.

FACTS

On April 18, 2015, Ms. Smith-Asekomeh was a passenger on an LCG bus. Jackie Green was driving the bus on Lafayette Transit System Route #50. She had recently been hired by LCG as a driver so her supervisor, Jason Ledet, was on board the bus to train her. Mr. Ledet explained that they were in the process of route training Ms. Green. She initially trained without passengers, but on April 18 there were passengers on the bus.

Mr. Ledet explained that Route #50 starts at the bus terminal. One of the stops is in the Walmart parking lot located on Buchanan Street. Ms. Smith-Asekomeh traveled on the bus to go to Walmart the afternoon of the incident at issue. She did some shopping at Walmart. After Ms. Smith-Asekomeh finished shopping, she got back on the same bus with several grocery bags. Ms. Smith-Asekomeh took the first forward facing seat behind the driver. There were two seats in front of her facing the aisle that could be flipped up to allow for handicap seating. Mr. Ledet was standing on the yellow line in the aisle in the front near the driver holding the post.

After the bus left Walmart, it made a right on Pierce Street. From Pierce Street, the bus would take a left onto Willow Street, which is where the incident took place. Ms. Smith-Asekomeh could not see what was happening because Mr. Ledet was standing in aisle, and the bus driver was seated in front of her. Mr. Ledet testified that they were at the red light in the left lane to turn left onto Willow. The turn lane does not have a green arrow light. When the light turned green, the bus proceeded to take a left.

*440Ms. Green had to put on her brakes to avoid a collision with a car coming from the opposite direction. Ms. Smith-Asekomeh testified she flew forward, her arm hit the armrest on the chair in front of her, and then she slammed back into her seat.

Ms. Smith-Asekomeh never reported to Ms. Green or Mr. Ledet that she was hurt. The bus continued its route. After she got off the bus, Ms. Smith-Asekomeh dropped her bags off at her house and then walked to her mother's house. Her mother called an ambulance. When the ambulance arrived, Ms. Smith-Asekomeh walked to it and got into the ambulance. Her mother rode with her to the emergency room. Ms. Smith-Asekomeh testified that she was in great pain the next day.

Ms. Smith-Asekomeh filed suit against the LCG on October 26, 2015. On February 27, 2018, the LCG filed a motion for summary judgment. A hearing on the motion was held on October 29, 2018. The trial court granted the motion for summary judgment and dismissed Ms. Smith-Asekomeh's petition on November 8, 2018. Ms. Smith-Asekomeh then filed the present appeal.

SUMMARY JUDGMENT

Ms. Smith-Asekomeh claims the trial court erred in granting the LCG's motion for summary judgment. She argues that there are genuine issues of material fact regarding Ms. Green's fault in performing a left-hand turn.

The summary judgment procedure is favored and "designed to secure the just, speedy, and inexpensive determination of every action[.]" La.Code Civ.P. art. 966(A)(2). Appellate courts review the grant or denial of a motion for summary judgment de novo, "using the same criteria that govern the trial court's determination of whether summary judgment is appropriate; i.e. , whether there is any genuine issue of material fact, and whether the movant is entitled to judgment as a matter of law." Samaha v. Rau , 07-1726, p. 4 (La. 2/26/08), 977 So.2d 880, 882-83 ; La.Code Civ.P. art. 966(A)(3).

The moving party has the burden of proof unless the mover "will not bear the burden of proof at trial on the issues that is before the court on the motion for summary judgment." La.Code Civ.P. art. 966(D)(1). In that case, the mover need only "point out to the court the absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law." Id.

"The owner and operator of a public bus is considered a common carrier, and owes a heightened standard of care to the passengers he or she undertakes to transport." Williams v. Lafayette City-Parish Consol. Gov't. , 11-281, pp. 8-9 (La.App. 3 Cir. 10/5/11), 72 So.3d 1023, 1030, writ denied , 11-2473 (La. 2/3/12), 79 So.3d 1027 (citing Lewis v. City of Shreveport , 43,249 (La.App. 2 Cir. 6/4/08), 985 So.2d 1249, writ denied , 08-1477 (La. 10/3/08), 992 So.2d 1018 and Amos v. St. Martin Parish Sch. Bd. , 00-808 (La.App. 3 Cir. 12/6/00), 773 So.2d 300 ). "Although a common carrier is not an insurer of its passengers' safety, the carrier is required to exercise the highest degree of care and is liable for the slightest negligence." Id. (quoting Lewis v. City of Shreveport , 43,249, p. 2 (La.App. 2 Cir. 6/4/08), 985 So.2d 1249, 1250, writ denied , 08-1477 (La. 10/3/08), 992 So.2d 1018 ).

The trial court found that the testimony introduced in support of the motion for summary judgment established that Ms. *441Green stopped in response to a sudden emergency produced by the actions of an oncoming vehicle. The trial court also concluded that Ms. Green did not make a left turn in violation of La.R.S. 32:101.

Louisiana Revised Statutes 32:101(A)(2) provides:

Left turns on two-way roadways.

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Related

Samaha v. Rau
977 So. 2d 880 (Supreme Court of Louisiana, 2008)
Lewis v. City of Shreveport
985 So. 2d 1249 (Louisiana Court of Appeal, 2008)
Agency Rent-A-Car, Inc. v. Hamm
401 So. 2d 1259 (Louisiana Court of Appeal, 1981)
Amos v. St. Martin Parish School Bd.
773 So. 2d 300 (Louisiana Court of Appeal, 2000)
Thomas v. Champion Ins. Co.
603 So. 2d 765 (Louisiana Court of Appeal, 1992)
Williams v. Lafayette City-Parish Consolidated Government
72 So. 3d 1023 (Louisiana Court of Appeal, 2011)
Rabon v. Smithkors
238 So. 3d 1013 (Louisiana Court of Appeal, 2018)

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Bluebook (online)
273 So. 3d 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-asekomeh-v-lafayette-city-parish-consol-govt-lactapp-2019.