Thomas v. Champion Ins. Co.

603 So. 2d 765, 1992 La. App. LEXIS 1933, 1992 WL 143514
CourtLouisiana Court of Appeal
DecidedJune 24, 1992
Docket91-132
StatusPublished
Cited by21 cases

This text of 603 So. 2d 765 (Thomas v. Champion Ins. Co.) 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
Thomas v. Champion Ins. Co., 603 So. 2d 765, 1992 La. App. LEXIS 1933, 1992 WL 143514 (La. Ct. App. 1992).

Opinion

603 So.2d 765 (1992)

Rebecca THOMAS, Plaintiff-Appellant,
v.
CHAMPION INSURANCE COMPANY, et al., Defendants-Appellees.

No. 91-132.

Court of Appeal of Louisiana, Third Circuit.

June 24, 1992.

*766 Joseph Kutch, Pineville, for defendant in reconvention/appellant.

George Celles, IV, Natchitoches, for Thomas, appellee.

H. Russell Davis, Arcadia, for intervenor/appellee.

Craig O. Marcotte, Natchitoches, for Champion, appellee.

Before DOMENGEAUX, C.J., and DOUCET and PATIN[*], JJ.

PATIN, Judge Pro Tem.

Rebecca Thomas filed suit for damages resulting from an auto collision, against David Wallace and his insurer, Champion Insurance Co. Louisiana Insurance Guaranty Association was substituted for Champion, following the financial failure of the latter, and effected a settlement with Thomas. Ramona Feazell, a passenger in the Wallace vehicle, a 1981 Honda, intervened in the suit. Wallace filed a reconventional demand against Thomas and her insurer, Certified Lloyds.

Finding that the sole and proximate cause of the accident was the negligence of Thomas, the trial court awarded Wallace $7,267, including $2,700 for loss of use of his vehicle and rental of a replacement auto. Feazell was awarded $8,659.82 including $519 for treatment which she received at L.S.U. Medical Center, Shreveport.

Thomas and her insurer, Certified Lloyds (hereinafter Thomas), appeal, assigning three errors in the trial court's judgment. Firstly, Thomas alleges that the trial court erred in finding that she was the sole cause of the accident. Secondly, Thomas alleges that the trial court erred in awarding Wallace car rental costs for over a year. Thirdly, Thomas alleges that the trial court erred in awarding Feazell medical expenses for the treatment which she received at L.S.U. Medical Center, Shreveport.

On March 11, 1989, during the early evening, Thomas and Wallace were proceeding north on Louisiana Highway 9, at its intersection with Sullivan Road. Thomas was ahead of Wallace. The accident scene was a no passing zone indicated by a double yellow line in the middle of the highway. An accident occurred when Thomas attempted to make a left turn into Sullivan Road. The location of the Thomas vehicle immediately prior to the accident was contested at trial. Thomas claimed that she was in the Northbound lane of Highway 9 attempting to turn left onto Sullivan Road, when the Wallace vehicle attempted to pass her. However, Wallace and Feazell claimed that the Thomas vehicle was on the shoulder of Highway 9 until they attempted to drive by, at which time the Thomas vehicle suddenly turned left into them. State Trooper Townsend testified that the point of impact was in the intersection of Sullivan Road, approximately one foot from the white "fog line" on the western edge of Highway 9. The Wallace vehicle was heavily damaged. After the collision, the vehicle flipped onto its roof and slid into either a light or telephone pole. Feazell received some treatment for her injuries at the L.S.U. Medical Center, Shreveport.

*767 Thomas' first assignment of error alleges that the trial judge erred in finding her to be the sole cause of the accident.

It is well settled that a court of appeal may not set aside a trial court's or a jury's findings of fact in the absence of `manifest error' or unless it is `clearly wrong' and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable.

Rosell v. Esco, 549 So.2d 840, 844-845 (La.1989). (Citations omitted).

With this in mind, we determine whether the record reviewed in its entirety discloses that the trial court committed manifest error in holding that "the sole and proximate cause of (the) accident was the negligence of Rebecca Thomas ...".

La.R.S. 32:104 statutorily sets forth the duties imposed by law on a left turning driver:

A. No person shall turn a vehicle at an intersection ... or otherwise turn a vehicle from a direct course or move ... left upon a roadway unless and until such movement can be made with reasonable safety.
B. Whenever a person intends to make a ... left turn which will take his vehicle from the highway it is then traveling, he shall give a signal of such intention in the manner described hereafter and such signal shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.
C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal....

Further, as stated in Bamburg v. Nelson, 313 So.2d 872, 874 (La.App. 2d Cir. 1975):

The duty of the left-turning motorist is two-fold, the first being to give a proper signal, and secondly to make proper observation that the turn can be made without endangering an oncoming or overtaking vehicle. See Lewis v. Liberty Mutual Insurance Company, 215 So.2d 138 (La.App. 3rd Cir.1968). A left turner must not only give an adequate signal of his intention but also make adequate observation to his rear to ascertain that the turn can be safely made. Ardoin v. Chachere, 207 So. 2d 574 (La.App. 3rd Cir.1968).

Additionally, it is well settled law, and we have previously stated that:

A left turn is generally a dangerous maneuver which must not be undertaken until the turning motorist ascertains that the turn can be made in safety. Agency Rent-A-Car, Inc. v. Hamm, 401 So. 2d 1259 (La.App. 1st Cir.1981). A left-turning motorist involved in an accident is burdened with a presumption of liability and the motorist must show that he is free of negligence. Bennett v. United States Fidelity & Guaranty Company, 373 So. 2d 1362 (La.App. 1st Cir.1979), writ denied, 376 So. 2d 1269 (La.1979). Also, Williams v. Inabnett, 345 So. 2d 1294 (La. App. 3rd Cir.1977).
Attales v. Shelter Mutual Ins. Co., 488 So. 2d 474, 476 (La.App. 3d Cir.1986).

At trial, Thomas testified that on the evening of the accident, as she was driving Northward on Highway 9, she had difficulty locating Sullivan Road. Thomas had never previously driven herself to Sullivan Road. There were neither street lights nor signs on Highway 9 around Sullivan Road. Thomas had purchased the vehicle she was driving less than two months earlier. Although Thomas testified that she turned on her blinker to signal a left turn, she also testified that she did this "maybe five feet" before she started making her turn.

State Trooper Townsend, who investigated the accident scene, shortly after the accident, testified that Thomas told him that she was looking for Sullivan Road, "had almost missed it, [and] hit her brakes and her signal at the same time, and was attempting to turn when she was hit."

*768

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Bluebook (online)
603 So. 2d 765, 1992 La. App. LEXIS 1933, 1992 WL 143514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-champion-ins-co-lactapp-1992.