Thompson v. Chevron USA, Inc.

653 So. 2d 1351, 1995 WL 240737
CourtLouisiana Court of Appeal
DecidedApril 7, 1995
Docket94 CA 1107
StatusPublished
Cited by6 cases

This text of 653 So. 2d 1351 (Thompson v. Chevron USA, Inc.) 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
Thompson v. Chevron USA, Inc., 653 So. 2d 1351, 1995 WL 240737 (La. Ct. App. 1995).

Opinion

653 So.2d 1351 (1995)

Maurice Dale THOMPSON
v.
CHEVRON U.S.A., INC. and Scotty N. Sumney.

No. 94 CA 1107.

Court of Appeal of Louisiana, First Circuit.

April 7, 1995.
Writ Denied June 23, 1995.

*1352 Boris Navratil and Andre Bourgeois, Baton Rouge, for plaintiffs-appellants Maurice Dale Thompson, Camilla Thompson.

John M. Parker and David Shelby, Baton Rouge, for defendants-appellees Chevron USA, Inc., Scotty N. Sumney.

Before LOTTINGER, C.J., and SHORTESS and CARTER, JJ.

LOTTINGER, Chief Judge.

This litigation arises as a result of an intersectional collision between the plaintiff and a left-turning motorist. The trial jury absolved defendants of any responsibility for this accident, and the trial judge entered judgment in favor of defendants for the stipulated amount of their reconventional demand. Plaintiffs have appealed.

FACTS

Maurice Dale Thompson filed this suit seeking to recover damages for injuries allegedly sustained by him as a result of a collision between his car and a pickup truck owned by Chevron U.S.A. and operated by Chevron's employee, Scotty N. Sumney. Mr. Thompson's wife, Camilla, joined her husband as a plaintiff in this matter seeking compensation for her alleged loss of consortium. Chevron answered plaintiffs' lawsuit denying any fault on the part of its employee, and reconvened for $2,790.45 which sum represents the repair costs of its vehicle.

The accident in question occurred on the morning of August 27, 1992, on South Sherwood Forest Boulevard, a major four-lane traffic artery in Baton Rouge, Louisiana. At the time of the accident, the electric traffic signal at the intersection of Sherwood Forest and Interstate 12 was inoperable due to a power outage resulting from Hurricane Andrew having passed through the area the evening before.

Mr. Thompson, who was proceeding in a southerly direction on Sherwood Forest, contends that just prior to the accident, traffic was moving through the intersection without stopping, when Mr. Sumney, who was stopped in an opposing left-turn lane, suddenly turned left in front of him making the collision inevitable. Conversely, defendants assert that at the time of the accident, traffic was heavy, and because the traffic lights were not operating, motorists were proceeding through the intersection in a "stop and go" fashion. Defendants further allege that Thompson proceeded through the intersection without slowing down in complete disregard of the inoperative traffic light.

The twelve-member jury unanimously found defendants free from fault and assigned 100% of the fault to Mr. Thompson. Based on this verdict, the trial judge entered judgment in favor of Chevron for $2,790.45, the stipulated amount of its reconventional demand.

ASSIGNMENTS OF ERROR

Mr. and Mrs. Thompson have taken a devolutive appeal from the judgment of the *1353 trial court, and urge four assignments of error:

(1) The trial judge erred in concluding that at an intersection where electric semaphore signals are inoperative, rules concerning the duty of care incumbent on left-turning motorists are inapplicable.
(2) The trial judge erred in instructing the jury as to a provision of the Baton Rouge City Code which relates to inoperative traffic signals, and failing to instruct the jury on other provisions of the City Code which require a left-turning motorist to exercise caution even when proceeding under the direction of an illuminated green signal arrow.
(3) The trial judge erred in refusing to charge the jury consistent with holdings of the Louisiana Supreme Court as to the duties imposed on a left-turning motorist, and said motorist's duty to exercise caution even while turning under the authority of an illuminated left-turn signal.
(4) The jury verdict which exonerated defendants of all liability is erroneous.

In the event this court should find reversible error in the findings of the trial court, Mr. and Mrs. Thompson further urge this court to address the issue of damages, de novo, on appeal.

I.

In their first assignment of error, plaintiffs assert that the trial judge erred in concluding that at an intersection at which electric semaphore signals are inoperative, rules concerning the duty of care incumbent on left-turning motorists are inapplicable.

Generally, the duty of motorists entering uncontrolled intersections is governed by La. R.S. 32:121. This statute provides that the driver of a vehicle on the left, shall yield the right of way to the vehicle on the right. Additionally, La.R.S. 32:122 places a high degree of care on left-turning vehicles, and mandates that a left-turning driver yield the right of way to all vehicles approaching from the opposite direction which are within the intersection or so close as to constitute an immediate hazard.

In Soprano v. State Farm Mutual Automobile Insurance Company, 246 La. 524,165 So.2d 308 (La.1964), however, the Louisiana Supreme Court held that the statutory right of way granted by La.R.S. 32:121 is inapplicable where a three phase, four-sided semaphore traffic signal is in place, but temporarily out of order. Under these circumstances, the court delineated the rights and duties of the parties as follows:

A non-functioning, four-sided semaphore signal device at an intersection in plain view of an ordinary observant motorist imposes a duty of extreme caution on any motorist approaching or entering that intersection. To enter such an intersection without slowing down or stopping to ascertain whether the crossing can be negotiated in safety is imprudent and constitutes negligence in legal contemplation.

Id. at 312.

The Fourth Circuit, in Orazio v. Durel, 407 So.2d 75 (La.App. 4th Cir.1981), and later, the Fifth Circuit in Rico v. Vangundy, 461 So.2d 458 (La.App. 5th Cir.1984), followed the supreme court's rationale in Soprano, and held that a left-turning motorist's duty under La.R.S. 32:122 to yield the right of way at an intersection was inapplicable where semaphore signal devices were in place, but not functioning.[1] Both courts elected instead to apply the standard of care set forth in Soprano to the facts presented.

While this particular issue has never been squarely addressed in the First Circuit[2], *1354 we agree with the conclusion reached by the Fourth and Fifth Circuits, and accordingly hold that where an electric semaphore traffic signal is in place, but temporarily out of order, the duty to yield imposed upon a left-turning motorist under La.R.S. 32:122 is inapplicable, and any motorist approaching or entering such an intersection is required to exercise extreme caution. Consequently, we cannot say that the trial judge erred in reaching a similar conclusion.

II.

The second assignment of error raised by plaintiffs is that the jury charges given by the trial judge were either erroneous or incomplete. Mr. and Mrs. Thompson point out that while the trial judge instructed the jury as to a Baton Rouge ordinance which requires motorists to stop at inoperable traffic lights, the charge failed to include another provision of the same ordinance which states that a motorist who makes a left-turn pursuant to an illuminated left-turn signal must nevertheless exercise caution. Plaintiffs further argue that if a motorist is required to proceed with caution when a left-turn signal is illuminated, the same standard should be applied when the signal is not illuminated.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pinn v. Pennison
209 So. 3d 844 (Louisiana Court of Appeal, 2016)
Hough v. Ballard
108 Wash. App. 272 (Court of Appeals of Washington, 2001)
King v. Illinois Nat. Ins. Co.
782 So. 2d 1104 (Louisiana Court of Appeal, 2001)
Champagne v. Angelle
768 So. 2d 55 (Louisiana Court of Appeal, 2000)
Silva v. Calk
708 So. 2d 418 (Louisiana Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
653 So. 2d 1351, 1995 WL 240737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-chevron-usa-inc-lactapp-1995.