Stone v. Bullard

2 So. 3d 1241, 2009 La. App. LEXIS 105, 2009 WL 188185
Louisiana Court of Appeal·Decided January 28, 2009·No. 43,996-CA·Published·Cited by 10 cases

Opinion

WILLIAMS, J.

|, Plaintiff in intervention, Donald Gar-see, appeals the district court’s ruling granting summary judgment in favor of defendants, Kizzy Whitaker and State Farm Mutual Auto Insurance Company (“State Farm”). For the reasons that follow, we affirm the district court’s judgment.

FACTS

On March 10, 2006, at approximately 7:25 a.m., a multi-vehicle accident occurred on the three-lane portion of Interstate 49 in Caddo Parish. The vehicles involved were driven by Bruce Stone (the original plaintiff) and defendants, Hannah Bullard, Brandi Mooney and Kizzy Whitaker. The defendants were all insured by State *1243 Farm. Garsee was a guest passenger in the vehicle driven by Stone.

Stone filed a petition for damages, alleging that the accident was caused by the negligence of Bullard and Mooney, and named State Farm as a defendant. Gar-see, who sustained serious injuries when he was ejected from Stone’s vehicle, intervened in the lawsuit, naming State Farm, Mooney, Bullard and Whitaker as defendants. 1 Garsee alleged that Whitaker was “following the preceding traffic too closely and traveling at an unsafe speed,” causing a collision with Bullard’s vehicle. Garsee alleged that the collision forced the vehicles driven by Bullard and Whitaker into the lane of travel occupied by Stone’s vehicle, which, in turn, forced Stone into Mooney’s lane of travel. Garsee further alleged that Stone’s vehicle was struck by Mooney’s vehicle, causing Stone to lose control of his vehicle.

Instate Farm paid the limits of their policies to Garsee on behalf of Mooney and Bullard. The suit progressed with Whitaker and State Farm as defendants.

Multiple depositions were introduced into evidence. 2 In his deposition, Stone testified that on the day of the accident, he was traveling on Interstate 49 in the center lane when he noticed a green sports utility vehicle (“SUV”) “acting erratically on the inside lane.” Stone stated that another vehicle, not the SUV, collided with his vehicle, forcing his vehicle into the retaining wall along the interstate. He testified that after striking the wall, his vehicle rebounded off the wall, rotated to the left and “started rolling” along the interstate before coming to a stop. Stone stated that he could not recall whether his vehicle made contact with any other vehicle after the initial collision with Mooney. Stone stated, “[I] know that the lady lost control, and she definitely hit somebody that definitely hit me.” He specifically testified that he had no personal knowledge of whether Whitaker’s vehicle came into contact with any vehicle.

Bullard testified that she was driving in the far left lane of the interstate when the drivers of the vehicles traveling in front of her began applying their brakes. Bullard stated that she applied her brakes and veered to the left in an attempt to avoid a collision with the vehicle in front of her. At that point, her vehicle was struck from behind by the vehicle driven by Mooney and began to spin out of control, ultimately crossing two lanes ofjjtravel before coming to a rest in the far right lane. Bullard initially testified that she did not recall her vehicle striking another vehicle while it was spinning, but she “realize[d] that it may be a possibility.” Later in her deposition, Bullard testified that she “believed” she hit the front of Whitaker’s vehicle when her vehicle started to spin. Bullard recalled seeing Whitaker’s vehicle traveling in the lane to the right of her prior to the collision, but she did not recall striking Whitaker’s vehicle.

Mooney testified that she was traveling in the far left lane behind Bullard’s vehicle. She stated that Bullard applied her brakes, swerved, regained control of her vehicle, and applied her brakes again. Mooney testified that Bullard then began to spin out of control, causing Mooney to collide with Bullard’s vehicle. Mooney’s vehicle then entered the center lane and *1244 collided with Stone’s vehicle. Mooney testified that her vehicle did not collide with Whitaker’s vehicle and she did not witness the subsequent collision between the vehicles driven by Bullard and Whitaker. Mooney further testified that her vehicle made impact with two vehicles — those driven by Bullard and Stone — before spinning out of control and striking the outside retaining wall and coming to a rest.

Whitaker testified that she was traveling in the center lane, next to the vehicle driven by Bullard. 3 She stated that Bul-lard’s vehicle struck the front driver’s side of her vehicle. When describing the collision, Whitaker stated, “I don’t know if she [Bullard] started swerving or anything. It happened so |4fast until I was like, ‘Oh, she just hit me.’ ” Whitaker testified that after the impact, she came to a stop and did not collide with any other vehicles. She stated that at the time of her collision, she was not aware that Mooney and Stone had been involved in the same accident.

Officer Steve Hathorn responded to the accident. During his deposition, Officer Hathorn read from his accident report as follows:

[Stone] said that he was North on 1-49 when [Bullard’s vehicle] that was in front of him started to sway back and forth. [Stone] stated that when he tried to miss [Bullard’s vehicle] by changing lanes, he was struck by [Mooney’s vehicle] on the driver’s side of his truck causing his truck to roll — to roll, throwing his passenger out of the truck. [Bullard] said a truck and car in front of her started to hit their brakes. [Bul-lard] stated when she started to hit her brakes, her vehicle started to sway back and forth, causing her vehicle to start to spin. [Bullard] stated she blacked out and can’t remember what else happened .... [Whitaker] stated she was Northbound on 1-49 when [Bullard’s vehicle] started to spin, striking the front driver’s side of her truck. [Whitaker] did not see any other part of the accident.

John Ella Wilkerson, who was not involved in the accident, testified that she witnessed the collision between the vehicles driven by Whitaker and Bullard. Wilkerson testified that she was driving directly behind Whitaker’s vehicle on the morning of the accident, when “all of a sudden people start[ed] slamming on their brakes.” She stated that she saw Bullard apply her brakes before her vehicle began to spin and that she saw Bullard’s vehicle strike the vehicle driven by Whitaker. Wilkerson stated that she did not see the other collisions; she only witnessed the collision between the vehicles driven by Bullard and Whitaker.

Whitaker and State Farm moved for summary judgment, contending [ sWhitaker was not liable for causing the accident which resulted in Garsee’s injuries. The district court granted summary judgment, stating, “There apparently is confusion as to how the accident occurred but nobody has been able to pin any liability on Ms. Whitaker.” This appeal followed.

DISCUSSION

Garsee contends the district court erred in granting summary judgment in favor of Whitaker and State Farm. He argues that each driver provided conflicting versions of the accident; therefore, genuine issues of material fact existed with regard to whether Whitaker was at fault.

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Stone v. Bullard, 2 So. 3d 1241, 2009 La. App. LEXIS 105, 2009 WL 188185 (La. Ct. App. 2009).

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