Sneed v. Satcher

597 So. 2d 1070, 1992 WL 72679
CourtLouisiana Court of Appeal
DecidedApril 8, 1992
Docket23438-CA
StatusPublished
Cited by7 cases

This text of 597 So. 2d 1070 (Sneed v. Satcher) 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
Sneed v. Satcher, 597 So. 2d 1070, 1992 WL 72679 (La. Ct. App. 1992).

Opinion

597 So.2d 1070 (1992)

Odell SNEED and Wallace Sneed, Plaintiffs-Appellants,
v.
Virginia H. SATCHER and State Farm Mutual Auto Insurance Company, et al., Defendants-Appellees.

No. 23438-CA.

Court of Appeal of Louisiana, Second Circuit.

April 8, 1992.

*1071 Goff, Caskey, Davis & Fallin by H. Russell Davis, Arcadia, Russell A. Woodard, Ruston, for plaintiffs-appellants.

Hayes, Harkey, Smith, Cascio & Mullens by Charles S. Smith, Monroe, for defendants-appellees.

Before NORRIS, VICTORY and STEWART, JJ.

NORRIS, Judge.

Plaintiffs Odell and Wallace Sneed appeal a jury verdict finding that defendant Virginia H. Satcher was not liable for the death of the Sneeds' young son. For the reasons expressed, we affirm.

FACTS

On the evening of August 21, 1987, a wake was held for Wallace Sneed's mother at the Simmons Funeral Home in Jonesboro, Louisiana. Mrs. Sneed and her husband, Odell, attended the wake with their two young sons, Princeton (aged four), Kelvin Terrell (aged 19 months), and various other family members. Virginia Satcher also attended.

The Simmons Funeral Home is located on East Walton street in a predominantly residential area. A straight concrete driveway leads from the street to a carport on the *1072 right side of the funeral home. There are several pine trees in the front yard. To the left of the funeral home is the Simmonses' private residence, which has a horseshoe-shaped dirt and gravel driveway in front. Part of this driveway is adjacent to the funeral home's front yard. A small ditch runs along East Walton street in front of the funeral home. Because parking space is limited in front of the funeral home, visitors have traditionally parked in the horseshoe driveway in front of the residence. We include as an appendix a surveyor's diagram, introduced at trial as Exhibit P-1, showing the layout of the two lots.[1]

On the evening in question, the Sneeds parked their car in the funeral home yard, close to the ditch and street, with its front end slightly angled toward the trees. Virginia Satcher's car was the last one parked in the horseshoe drive next door; her car was in the portion of the drive closest to the funeral home yard and was roughly perpendicular to the street.

After the wake, Mr. Sneed took the children outside while his wife finished making preparations for her mother's funeral. He began visiting with his brother and sister-in-law while his sons played with their cousins in the grassy area around the pine trees near the passenger side of the Sneeds' car.

As Virginia Satcher left the funeral home, she spoke with several people standing near the trees in the front yard. She testified at trial that she then walked around the front of her car and prepared to leave. As soon as she started backing out of her parking place, she heard people shouting at her and stopped her car. However, her vehicle had already struck and run over Terrell, who was playing in the gravel behind her car. The child died at the Jackson Parish Hospital later that same evening.

Mr. and Mrs. Sneed sued Mrs. Satcher and her insurer, State Farm Mutual Auto Ins. Co., along with Herbert and Mary Simmons and their insurers. The Sneeds settled with the Simmonses on the eve of trial. Mrs. Satcher and State Farm reconvened against Odell Sneed, alleging that his failure to supervise Terrell properly was the sole cause of the child's death.

After trial, the jury returned a unanimous verdict finding Mrs. Satcher not guilty of "fault or negligence which was a cause-in-fact of the death of Kelvin Terrell Sneed and which violated a duty owed by Mrs. Satcher to the plaintiffs, Odell Sneed and Wallace Sneed[.]"

The Sneeds appeal the judgment reflecting this verdict, urging in four assignments of error that Terrell's death was due to the breach of a duty owed by Mrs. Satcher, and that the trial court erred both in allowing defense counsel to lead his own witness on cross-examination, and in its choice of jury instructions.

DISCUSSION: JURY INSTRUCTIONS

We first address the Sneeds' third and fourth assignments, in which they challenge the instructions given to the jury. The trial court declined to give the following instructions requested by plaintiffs:

25) Backing a vehicle without knowing whether it can safely be done is grossly negligent. Turner v. N.O.P.S.I., 476 So.2d 800 (La.1985).
28) In backing a vehicle, a driver is charged with a duty of exercising care to see that the maneuver will not injure others. Messick v. State Farm Mutual Automobile Ins. Co., 306 So.2d 328 (La. App.3rd Cir.), writ denied 309 So.2d 684 ([La.] 1975).[2]
31) The fact that a parent does not continuously watch her child is not to be considered sub-standard conduct so as to permit a negligent party to escape liability. Brown v. Sears Roebuck [&] Co., 503 So.2d 1122 (La.App.3d Cir.), affirmed 514 So.2d 439 ([La.]1987).
34) The motorist owes a high degree of care in the presence of children that the *1073 motorist either sees or should have seen. Ford v. Knight, 337 So.2d 1225 (La.App. 1st Cir.1976).

The Sneeds further urge that the court erred in giving two of Mrs. Satcher's requested instructions:

14) Unless a motorist knows or has reason to know that a child is in the vicinity of a street, his duty is to use ordinary care and caution in the operation of his vehicle. Keel v. Thompson, 392 So.2d 713 (La.App. 3rd Cir.1980).
16) Drivers are not insurers of safety of young pedestrians and if it is shown that the driver is unable to see the children until it is too late to avoid the accident, then the driver cannot be held liable. Chappetta v. Jones, 237 So.2d 435 (La. App. 4th Cir.1970).

The court gave the following instructions on the duty of a motorist backing a vehicle:

The driver of the vehicle is negligent in backing his vehicle without keeping a proper lookout, or ascertaining that his path is clear.... Backing an automobile is considered a dangerous maneuver, and the law imposes a high duty of care upon the driver attempting it. R. p. 554.

Regarding the standard of care imposed on a motorist in the presence of children, the court instructed the jury as follows:

If a motorist has no reason to anticipate children near his automobile he is not negligent merely because a child was struck by it ... Unless a motorist knows or has reason to know that a child is in the vicinity of a street, his duty is to use ordinary care and caution in the operation of his vehicle. It's only when the child's presence is known to the motorist, or should have been known, that a higher degree of care toward the child becomes operative. Drivers are not insurers of safety of young pedestrians, and if it's shown that the driver is unable to see the children until it is too late to avoid the accident, then the driver cannot be held liable. R. pp. 554, 556-67.

The court's instruction as to parental duty read as follows:

Parents of small children are required only to use reasonable precautions. Their conduct is not negligent if, by a common sense test, it is in accord with that of a reasonable, prudent parent faced with similar conditions and circumstances. Failure to take every precaution against every foreseeable risk, or to use extraordinary skill, caution, and foresight in supervising one's children does not constitute negligence ...

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Bluebook (online)
597 So. 2d 1070, 1992 WL 72679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sneed-v-satcher-lactapp-1992.