Smith v. Safeway Insurance Co. of Louisiana

146 So. 3d 944, 2014 WL 3932956
CourtLouisiana Court of Appeal
DecidedAugust 13, 2014
DocketNos. 49,136-CA, 49,137-CA
StatusPublished
Cited by4 cases

This text of 146 So. 3d 944 (Smith v. Safeway Insurance Co. of Louisiana) 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 v. Safeway Insurance Co. of Louisiana, 146 So. 3d 944, 2014 WL 3932956 (La. Ct. App. 2014).

Opinion

WILLIAMS, J.

hThe plaintiff, Ricky Stewart, appeals a judgment in favor of the defendants, National Automotive Insurance Company, Jerry Smith, Safeway Insurance Company of Louisiana and Allison Youngblood. The trial court found that Stewart failed to prove that the defendants were liable for his injuries. For the following reasons, we affirm in part, reverse in part and render.

FACTS

On April 3, 2011, Ricky Stewart was a passenger in a pickup truck owned by Jerry Smith, who was driving on St. Vincent Avenue in Shreveport. Allison [947]*947Youngblood was driving her automobile on Ockley Drive. Patty Johnson was driving her vehicle behind Youngblood. There was a traffic light at the intersection of St. Vincent and Ockley. A collision occurred when Youngblood’s vehicle turned left onto St. Vincent from Ockley across the path of Smith’s truck. Stewart and Youngblood sought medical treatment as a result of the accident.

Subsequently, the plaintiff, Jerry Smith, filed a petition for damages against the defendants, National Automotive Insurance Company (“National Automotive”), his insurer, Allison Youngblood and her insurer, Safeway Insurance Company of Louisiana (“Safeway”). The plaintiff, Ricky Stewart, filed a petition against defendants, Youngblood, Safeway and alternatively, Smith and National Automotive. The two cases were consolidated for trial by the district court upon a joint motion by the parties.

At trial, Smith testified that he was driving on St. Vincent and the traffic light was green when he reached the intersection. Stewart and |2Leonard Bryant, who said that he was behind Smith’s truck, also testified that the St. Vincent light was green. Henry Scott testified that he was walking toward that intersection on Ockley prior to the accident and he saw that the light was red, but that he did not know the color of the light at the time of the collision. In contrast, Youngblood testified that she was driving on Ockley and that the light turned green as she approached the intersection. Johnson testified that as she and the preceding auto were approaching the intersection the Ockley light was red, but that the light turned green before they reached St. Vincent. Johnson further testified that the driver in front of her then entered the intersection to turn left and was hit by a truck.

After trial, the court issued oral reasons finding that the evidence did not establish that either driver was liable for the accident because of the conflicting testimony about the circumstances of the collision. The court also questioned whether all of Stewart’s medical treatment was related to his injury resulting from the accident. The trial court rendered judgment dismissing the claims of both Stewart and Smith. Stewart appeals the judgment. Smith did not file an appeal.

DISCUSSION

Stewart contends the trial court erred in failing to apply the guest passenger presumption and assess one or both drivers with fault in causing the accident. Stewart argues that the evidence supports a finding that Smith was liable for the accident because an independent witness testified that the light was green for the other driver.

In an action for damages the degree or percentage of fault of all |spersons causing or contributing to the injury shall be determined. LSA-C.C. art. 2823. In civil suits, the plaintiff has the burden of proving the negligence of the defendant by a preponderance of the evidence. In certain situations, the party with the burden of proof may be aided by a presumption. Miller v. Leonard, 588 So.2d 79 (La.1991).

An automobile collision case may involve the guest passenger presumption, which provides that when an innocent party is injured through the concurrent acts of two parties under circumstances where one or the other must be at fault, the burden is upon these parties to exculpate themselves from negligence. Eason v. Hartford Accident & Indem. Co., 327 So.2d 187 (La.App. 2d Cir.1976). The guest passenger rule is an evidentiary rule, not a rule of substantive law, and [948]*948does not exempt the plaintiff from the burden of proving his case. Eason, supra.

Under the presumption, the plaintiff guest passenger must first prove his innocence as to the accident and second, he must prove that the circumstances of the accident compel a finding that one or both drivers must be at fault. Once the plaintiff meets this burden, each defendant driver then must attempt to exculpate himself, not by mere denials, but by asserting facts and circumstances of affirmative force. Richardson v. Aldridge, 37,192 (La. App.2d Cir.5/16/03), 854 So.2d 923, writ denied, 2003-3034 (La.2/6/04), 865 So.2d 743; Eason, supra.

Where witnesses differ, the courts should reconcile if possible the apparent contradictions of their testimony. If this cannot be done, then the probabilities or improbability of their respective statements must be | considered in light of their capacity, opportunity or incentive for observation, the amount of any corroboration and the degree of proof required. Miller, supra; Richardson, supra.

A trial court’s factual findings will not be disturbed on appeal unless they are .manifestly erroneous or clearly wrong. Ferrell v. Fireman’s Fund Ins. Co., 94-1252 (La.2/20/95), 650 So.2d 742. However, upon finding that the trial court made a reversible error of law or a manifest error of material fact, an appellate court must, when possible, redetermine the facts de novo from the entire record and render a judgment on the merits. Ferrell, supra; Richardson, supra.

In the present case, Patty Johnson testified that after shopping she was driving on Ockley directly behind Youngblood’s vehicle. Johnson stated that she did not personally know Youngblood, Smith or Stewart. Johnson testified that when initially approaching the intersection at St. Vincent, the light on Ockley was red and the car in front of her was stopping; however, just before they reached the intersection, the light turned green, Youngblood’s auto entered the intersection to turn left and was hit by a pickup truck. Johnson stated that she was positive the light on Ockley was green when the car in front of her entered the intersection. Johnson testified the police officer at the scene did not ask her any questions and she did not wait because she had provided her contact information to Youngblood and was on her way to get her grandson. Johnson explained that she submitted a written witness statement to the police the following day.

Corporal C. Rose, a Shreveport police officer, testified that he arrived |Bat the accident scene at 8:22 p.m. and prepared a report after speaking with the drivers. Cpl. Rose stated that Youngblood seemed slightly disoriented from the collision and he initially understood her to say that she was turning left from St. Vincent onto Ockley. He explained that he spoke with her a day later and she said that actually she had been turning from Ockley. Cpl. Rose testified that the damage to the driver’s side of Youngblood’s vehicle was consistent with her entering the intersection on Ockley. Cpl. Rose also testified that Smith had stated he was driving north on St. Vincent and that his light was green. Cpl. Rose stated that he was given Johnson’s witness statement after he had completed the accident report. Cpl. Rose explained that his notation in the report that Youngblood’s vehicle failed to yield was based on his initial mistaken belief that she had turned left from St.

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Bluebook (online)
146 So. 3d 944, 2014 WL 3932956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-safeway-insurance-co-of-louisiana-lactapp-2014.