Valin v. Barnes

550 So. 2d 352, 1989 WL 116194
CourtLouisiana Court of Appeal
DecidedOctober 4, 1989
Docket88-533
StatusPublished
Cited by11 cases

This text of 550 So. 2d 352 (Valin v. Barnes) 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
Valin v. Barnes, 550 So. 2d 352, 1989 WL 116194 (La. Ct. App. 1989).

Opinion

550 So.2d 352 (1989)

Jennifer VALIN, et al., Plaintiffs-Appellees,
v.
Gwendolyn S. BARNES, et al., Defendants-Appellants.

No. 88-533.

Court of Appeal of Louisiana, Third Circuit.

October 4, 1989.
Writ Denied December 1, 1989.

*353 Bruce A. Gaudin, Opelousas, for plaintiffs-appellees.

Broderick C. DeJean and Sherman Stanford, Opelousas, for defendant-appellant Auzenne.

Brinkhaus, Dauzat, Jimmy L. Dauzat, Opelousas, for defendant-appellant State.

David Kaufman, Melissa Reardon, Lafayette, Sandoz, Sandoz & Schiff, Leslie Schiff, Opelousas, for defendant-appellees.

Before GUIDRY, LABORDE and KNOLL, JJ.

GUIDRY, Judge.

This suit was instituted as the result of a three car collision which occurred on Louisiana Highway 749 (commonly known as the Airport Road) in St. Landry Parish, Louisiana. On the morning of January 10, *354 1986, Mrs. Jacquelyn Auzenne[1] accompanied by her three year old son, Casey, was driving a 1979 Oldsmobile in a southerly direction on Airport Road. The Auzenne vehicle was struck in the rear quarter panel by a 1979 Lincoln Continental driven by Mrs. Gwendolyn Barnes, which entered the highway from a Canal service station parking lot located on the east side of the highway. Upon impact, the Auzenne vehicle was knocked onto the west shoulder of the road, reentered the southbound lane, crossed the center line and struck a 1977 Plymouth Fury which was being driven by Mrs. Jennifer Valin in a northerly direction on the highway. Mrs. Valin sustained serious personal injuries. Mrs. Auzenne and her minor son, Casey, received relatively minor injuries.

Mrs. Valin and her husband, William, instituted this suit for damages against Gwendolyn Barnes and her insurer, Safeway Insurance Company (hereafter Safeway); Jacquelyn Auzenne and her insurer, State Farm Mutual Automobile Insurance Company (hereafter State Farm); and, General Agents Insurance Company of America (hereafter General Agents), the alleged UM insurer of the vehicle driven by Mrs. Valin and which was owned by Southern Automotive and Truck Center, Inc. (hereafter Southern Automotive). Jacquelyn Auzenne and her husband, James, filed a cross-claim and reconventional demand against Mrs. Barnes, her husband, Morris J. Barnes, State Farm, Jennifer Valin, her husband, William, Southern Automotive, General Agents and State Farm as the alleged UM insurer of the Auzennes. Pursuant to motions for summary judgment, the claims against General Agents and Southern Automotive, as well as the Auzennes' claim against the Valins, were dismissed by the trial court.

After a trial on the merits, the trial court concluded that Gwendolyn Barnes was 80% at fault and Jacquelyn Auzenne 20% at fault in causing the accident. Pursuant to judgments signed on February 1, 1988, the trial court rendered judgment as follows:

(a) Judgment in favor of Jennifer Valin and against Gwendolyn Barnes, Safeway (up to its policy limits of $10,000.00 plus interest), Jacquelyn Auzenne and State Farm (up to its policy limits of $50,000.00 plus interest), in solido in the amount of $76,858.57;
(b) Judgment in favor of William Valin for loss of consortium and against Gwendolyn Barnes, Safeway, Jacquelyn Auzenne and State Farm, in solido in the amount of $2,000.00; and,
3. Judgment in favor of James and Jacquelyn Auzenne against Gwendolyn Barnes and Safeway, in solido, on behalf of the minor child, Casey, in the amount of $800.00 and past medical expenses in the amount of $2,340.00; and, damages for Mrs. Auzenne's injuries in the amount of $2,400.00, each figure representing 80% of the damages sustained, the recovery being reduced 20% to reflect the percentage of negligence assigned to Mrs. Auzenne.

Court costs were assessed 80% to Gwendolyn Barnes and Safeway and 20% to Jacquelyn Auzenne and State Farm. State Farm appealed suspensively. James and Jacquelyn Auzenne appealed devolutively as to any judgment above State Farm's policy limits.

FACTS

At approximately 7:45 a.m. on January 10, 1986, Jacquelyn Auzenne, accompanied by her young son, Casey, was driving a 1979 Oldsmobile in a southerly direction on Airport Road, a two lane blacktopped road, at an approximate speed of 25-30 miles per hour. The Airport Road curves sharply to the left for southbound traffic a short distance north of the accident site. The posted speed limit for the curve was 25 miles per hour. After successfully negotiating the curve, Mrs. Auzenne's vehicle was suddenly struck on its left rear quarter panel by the front right side of a 1979 Lincoln Continental driven by Mrs. Gwendolyn Barnes which entered the Airport Road from a Canal service station located on the east side of the highway only a second or *355 two before impact. The impact propelled the Auzenne vehicle out of control and onto the west shoulder of the highway after which it reentered the highway crossed the center line and collided with an automobile which was being driven by Jennifer Valin in its proper lane of travel.

At the time of the accident, the weather was overcast, it was drizzling and the highway was wet. The headlights on the Barnes and Valin vehicles were on but the headlights on the Auzenne vehicle were off.[2]

On appeal, State Farm and the Auzennes urge that the trial court erred when it determined that Jacquelyn Auzenne was 20% at fault in causing the accident. Additionally, the Auzennes urge trial court error in the following particulars:

1. The trial court erred when it found Jacqueline Auzenne entitled to only $3,000.00 in general damages.
2. The trial court erred when it failed to award Jacqueline Auzenne any damages for future medical expenses.
3. The trial court erred when it failed to award James Auzenne any damages for loss of consortium.
4. The trial court erred when it found Casey Auzenne entitled to only $1,000.00 in general damages.

NEGLIGENCE OF MRS. AUZENNE

We first consider appellants' contention that the trial court erred in finding Jacquelyn Auzenne 20% at fault in causing the accident.

Regarding the negligence of Jacquelyn Auzenne, the trial court stated, in its written reasons for judgment, as follows:

"The amount of negligence attributable to the Auzenne vehicle was based in part on the amount of negligence attributable to the Barnes vehicle. Additionally, though on a favored highway, she had some duty of lookout and a full view of the area from which the Barnes car approached. She did not see the Barnes car prior to impact."

Our brethren of the Second Circuit in Davis v. Galilee Baptist Church, 486 So.2d 1021 (La.App. 2d Cir.1986), succinctly stated the well established jurisprudential rules relative to the respective duties of a motorist entering a roadway from a private driveway and those of a motorist traveling on a favored street:

"A motorist who is about to enter a roadway from a private driveway is required to yield the right of way to all approaching vehicles so close as to constitute an immediate hazard. LRS 32:124. Unusual, extreme, and high care toward favored traffic is required of such a motorist under the case law. See Travelers Insurance Company v. Harris, 294 So.2d 588 (La.App. 4th Cir.1974); Holland v. United States Fidelity & Guaranty Co., 131 So.2d 574 (La.App. 2d Cir.1961); Garcia v. Anchor Casualty Company, 148 So.2d 371 (La.App. 1st Cir.1962).

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Bluebook (online)
550 So. 2d 352, 1989 WL 116194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valin-v-barnes-lactapp-1989.