Terral v. LOUISIANA FARM BUREAU CAS. INS.

892 So. 2d 732, 2005 WL 156819
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2005
Docket39,360-CA
StatusPublished
Cited by3 cases

This text of 892 So. 2d 732 (Terral v. LOUISIANA FARM BUREAU CAS. INS.) 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
Terral v. LOUISIANA FARM BUREAU CAS. INS., 892 So. 2d 732, 2005 WL 156819 (La. Ct. App. 2005).

Opinion

892 So.2d 732 (2005)

Michael TERRAL, Plaintiff-Appellee
v.
LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY and Troyce Mangum, Defendants-Appellants.

No. 39,360-CA.

Court of Appeal of Louisiana, Second Circuit.

January 26, 2005.

*733 Hubley, Marcotte & Rhodes, by Craig O. Marcotte, Shreveport, Louisiana Farm Bureau Casualty Ins. Co., for Appellant.

W. Brett Cain, Shreveport, for Appellee.

Before STEWART, PEATROSS and DREW, JJ.

STEWART, J.

Appellants, Louisiana Farm Bureau Casualty Insurance Company and Troyce Mangum, seek reversal of the trial court's judgment awarding damages to the plaintiff, Michael Terral, for injuries he suffered when he hit a dog while riding a motorcycle. Specifically, appellants argue that the trial court erred in determining that the dog was owned by Troyce Mangum. Appellants also argue that the trial court erred in allowing lay testimony on the issue of ownership of the dog and in failing to find that plaintiff was at fault in causing the accident. Finding no error in the trial court's judgment, we affirm.

FACTS

On April 10, 2003, Michael Terral and an unnamed passenger were involved in a motorcycle accident while driving on Teal Glen Road in Mooringsport, Louisiana. Mr. Terral sustained injuries in the accident, which occurred when a black dog ran into the path of the motorcycle. Mr. Terral filed suit against Troyce Mangum, the alleged owner of the dog, and Mr. Mangum's insurer, Louisiana Farm Bureau Casualty Insurance Company. Defendants filed an answer denying Mr. Mangum's alleged ownership of the dog and, therefore, liability for Mr. Terral's damages.

The matter was tried on April 8, 2004. Mr. Terral presented the following witnesses to prove that the defendant owned the dog which caused the accident. Officer Jay Duke, a deputy with the Caddo Parish Sheriff's Office, was the first to testify. Duke was the officer dispatched to the accident scene. Officer Duke testified from his report that Mr. Terral stated that he was traveling eastbound at about *734 35 miles per hour on Teal Glen Road on his 1996 Suzuki motorcycle when a dog "ran out from a yard and hit the side of his motorcycle." Neither Mr. Terral nor his passenger could tell Officer Duke whom the dog belonged to, and Officer Duke admitted that he did not contact any other residents in the area regarding the ownership of the dog. Officer Duke observed a dead "medium size" black dog at the accident scene, but he could not remember whether the dog had a collar.

Patricia Bowman testified that she has lived on Teal Glen Road about three lots down from where the accident took place for the last six years. In the time preceding the accident, Bowman had observed a black dog similar to a Labrador. According to Bowman, the dog spent the majority of the time at 7988 Teal Glen Road at the home of her neighbors, "Shannon and Troy." Although the dog was not restrained, Ms. Bowman considered it to be "living"at the defendant's residence. Ms. Bowman had witnessed the female resident of the home feeding and petting the dog. She also testified that the black dog was a nuisance in the neighborhood due to its predilection for chasing vehicles. Ms. Bowman stated that the residents of 7988 Teal Glen Road owned a red chow which, at times, ran loose in the neighborhood. Ms. Bowman admitted that she had not witnessed the accident, but she noticed that the black dog she had previously witnessed at the neighbor's home was lying dead in the road after the accident. She testified that the dog wore a red collar.

Ernie Jacks, another resident living on Teal Glen Road, testified that he had witnessed a 50 to 60 pound black Labrador-type dog spending most of its time at 7988 Teal Glen Road. Though not positive, Jacks believed that the dog wore a red collar. He testified that it spent all of its time on the porch or front yard at 7988 Teal Glen Road. The dog exhibited aggressive behavior charging Mr. Jacks and his wife on various occasions. Jacks testified that he never witnessed who, if anyone, fed the dog and admitted that he had not witnessed the accident nor did he have any first-hand knowledge of whether the dog involved in the accident was the same dog as the one he had observed at 7988 Teal Glen Road.

Keith Barney, a neighbor and friend of the plaintiff's, had also witnessed a 60-pound black dog in the neighborhood prior to the accident and indicated that the dog spent the majority of its time at 7988 Teal Glen Road. He stated that his children had complained of being chased by the dog on numerous occasions while walking to Mr. Terral's home to visit Mr. Terral's son and their friend, Kenneth. Like the witnesses who testified before him, Barney was under the impression that the dog belonged to the residents of 7988 Teal Glen Road. He also testified that Mr. Terral walked to the Barney home after the accident. Barney observed that Mr. Terral was bloody and had sustained road rash. He testified that Mr. Terral blacked out while being attended to by paramedics. Mr. Barney also testified that he saw a dead dog at the scene of the accident and stated that the dog was the same one he had previously observed in the neighborhood. Barney had never noticed whether the dog wore a collar.

Michael Terral testified that he lived around the corner from where the accident occurred on Sundown Drive. On the evening of the accident, he had returned home after work, and he and his girlfriend set off on his motorcycle to Mr. Barney's home. Right after Mr. Terral took a left turn off of Sundown Drive onto Teal Glen Road, a barking red chow ran towards his motorcycle from the left-hand side of the road. In response, Mr. Terral released *735 the accelerator and was veering towards the right edge of the road to avoid the charging dog. While doing so Mr. Terral testified that he continued looking towards his left at the red chow. At that moment, his motorcycle either struck or was struck by something. The impact caused both Mr. Terral and his girlfriend to be thrown from the motorcycle.

When Mr. Terral got off the ground he noticed a black dog lying in the road. The dog was near death. Right after the accident, a blond woman came out of the trailer at 7988 Teal Glen Road asking about the welfare of "her dogs," and of Mr. Terral and his girlfriend. He testified that the black dog was one he had seen in the neighborhood over the past two years and that it spent most of its time at 7988 Teal Glen Road. He claimed that he never saw the black dog approach the motorcycle before the accident, because he was looking at the red chow. He also testified that he lost consciousness shortly after the accident and had no recollection of speaking to any law enforcement officer in the aftermath of the accident.

The defendant, Mr. Mangum, stated that he had lived at 7988 Teal Glen Road for the past four years and that for the majority of the past three years his girlfriend Shannon Callen had resided there with him. He admitted that the couple owned three registered dogs: a red chow, a chihuahua, and a dachshund. He testified that the red chow is 14 years old and has arthritis.

Mr. Mangum admitted that at the time of the accident he did not have a fenced yard and at times he would allow his red chow to run loose and unsupervised. He also admitted that it would "go out on the road." Mr. Mangum recalled seeing a black dog in his yard around the time of the accident but denied that the dog belonged to him. However, he admitted that the dog consumed food on his front porch on a regular basis.

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Cite This Page — Counsel Stack

Bluebook (online)
892 So. 2d 732, 2005 WL 156819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terral-v-louisiana-farm-bureau-cas-ins-lactapp-2005.