Thompson v. City of New Orleans

487 So. 2d 593
CourtLouisiana Court of Appeal
DecidedApril 11, 1986
DocketNo. CA 4317
StatusPublished

This text of 487 So. 2d 593 (Thompson v. City of New Orleans) 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. City of New Orleans, 487 So. 2d 593 (La. Ct. App. 1986).

Opinion

CIACCIO, Judge.

Defendants, The City of New Orleans and policeman August Santosuosso, appeal from a judgment of the trial court which awarded $450,000 to Darryl Thompson and his parents for injuries received by this minor child when the motorbike upon which he was a passenger was struck by a police vehicle owned by the City and operated by patrolman August Santosuosso, while in [594]*594the employ of the City. We affirm the judgment of the trial court.

Following a jury trial, the plaintiff was awarded a lump sum judgment of $450,000, after the jury found the plaintiff passenger free from negligence and the defendants Wendell Youngblood and August Santos-uosso each 50% negligent in causing this accident. On appeal the defendants, City of New Orleans and August Santosuosso, contend that the trial court erred in its findings of negligence and in the amount of the award.

Defendants argue that the evidence adduced at trial does not support the jury’s assessment of liability in this case.

Our review of the record indicates a conflict in the testimony concerning the cause of the accident.

Plaintiff, Darryl Thompson, and the motorbike driver, Wendell Youngblood, testified that at approximately 4 p.m. on October 24, 1982 they were working on Young-blood’s car when the pair decided to go to McDonald’s to get something to eat. Youngblood borrowed his cousin’s Honda 360 motorbike after receiving permission from his cousin. The pair boarded the motorbike with Youngblood as the driver and Thompson as the passenger. At the time both occupants were wearing helmets. They drove down Galvez Street, took a right turn on Earhart and a right turn on Freret Street and then a left turn unto Erato Street. These parties testified that at the time they were proceeding between 30 and 35 miles per hour and they had observed all traffic signs along the route. The pair stopped at the intersection of Thalia and South Liberty Streets. They proceeded down Thalia Street towards Claiborne Avenue. When the bike had proceeded one fourth of the way down the block it was struck on the left rear side by a police car driven by defendant August Santosuosso. At this point, Thalia Street is a two way thoroughfare with traffic moving in opposite directions. The street is marked with a white divider line. At the time of the accident, according to Thompson and Youngblood, their bike was completely within their lane of traffic and for no apparent reason, Santosuosso’s vehicle, which had been travelling in the opposite direction on Thalia Street, veered sharply into their traffic lane. The Santosuosso vehicle struck the left rear of the motorbike striking the plaintiff’s left leg. The Santosuosso vehicle then struck a parked vehicle. As a result of the accident, the plaintiff was thrown into the air, landed on top of a parked car and sustained a broken pelvis and multiple fractures of the left leg. Following the impact, Youngblood claimed that the bike lost its braking system and he proceeded onward for four blocks until the bike stopped when it hit a neutral ground area.

Youngblood and Thompson each stated that they were not aware that they were being pursued by the police nor did they see the police car light or hear the siren during this incident. Their version of the facts surrounding this accident was partially corroborated by three eye-witnesses.

Stephanie Walker lives at 2310 Thalia Street. She stated that on the evening of this incident she was standing on the porch when she observed the plaintiff riding on the motorbike down Thalia Street. He was followed by a police car and a second police car was travelling up Thalia Street in the opposite direction from that of the motorbike. As this police car approached, it turned into the plaintiff’s traffic lane, hitting the side of the motorbike and then striking a parked car. She saw plaintiff thrown into the air and landing on top of another car. The bike and its driver proceeded down Thalia Street at a speed of between 30-35 miles per hour. The policeman who was involved in the accident exited his car and held a gun on the plaintiff. According to this witness, neither police car had on its lights or siren at the time of this incident.

Jane Jones, who also lives on Thalia Street, was sitting by her kitchen window when she witnessed the accident. She testified that she observed the police vehicle cut across the plaintiff’s lane of traffic and strike the plaintiff. She also saw plaintiff [595]*595thrown into the air and fall on top of a sports car. Thereafter the policeman exited his vehicle and he had a gun in his hand. According to this witness, the police vehicle appeared to be trying to block the plaintiffs path.

A third eye witness, James Walker, lives at 2310 Thalia Street. He testified that he was standing on the corner of Liberty and Thalia Streets and he observed the motorbike on Liberty Street as it turned onto Thalia Street. At this time the motorbike was travelling in the direction of Claiborne Avenue and the police vehicle was travel-ling towards Liberty Street. The police car pulled into the plaintiffs path, striking the plaintiff and then hitting a parked car. The plaintiff was flipped into the air and landed on a sports car. The motorbike and driver proceeded forward.

On the date of this accident, New Orleans Police Officer August Santosuosso was on a one man routine patrol. He testified that he had proceeded down Thalia Street in order to set up a roadblock at Thalia and South Liberty Streets. He first observed the motorbike when it was 50 feet away, travelling at a high rate of speed. Santosuosso further testified that as he proceeded along Thalia Street some children ran out into the street and he applied his brakes and veered to his left. Just at this time, the motorbike moved out from between parked cars, at which time Thompson stuck his leg out, hitting the patrolman’s car and throwing Thompson from the bike. The police car then slid into another car. Santosuosso stated that he did not try to knock the occupants off their motorbike nor did he intentionally pull into their lane of traffic, but was merely attempting to avoid striking the children in the street.

New Orleans Police Officers Charles Little and David Carter testified that on the day of this accident they were patrolling together near Erato Street. They were on Erato proceeding towards Galvez Street when they observed the Youngblood bike disregard a stop sign at Galvez and Earhart Streets. The patrolmen turned on their police lights and pursued the occupants of the motorbike. According to these witnesses, both passengers of the bike looked back and observed their police vehicle whereupon they increased their speed, disregarded certain street signals and fled. The patrolmen followed the occupants of the motorbike along several streets and when they reached Thalia Street they observed a police vehicle which had set up a roadblock on Thalia Street. According to Little and Carter, the bike was attempting to pass between an open space which existed between the parked police car and certain vehicles parked by the curb area. The bike swerved, thus causing Thompson to fall from the bike. The bike and driver proceeded on Thalia toward Claiborne. It thereafter went off the roadway, struck the neutral ground and the driver fell from the bike. According to these witnesses, the driver of the bike was given citations for fleeing the police and for several traffic violations.1

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

Related

Perniciaro v. Brinch
384 So. 2d 392 (Supreme Court of Louisiana, 1980)
Arceneaux v. Domingue
365 So. 2d 1330 (Supreme Court of Louisiana, 1978)
Reck v. Stevens
373 So. 2d 498 (Supreme Court of Louisiana, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
487 So. 2d 593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-city-of-new-orleans-lactapp-1986.