Williams v. Travelers Indemnity Co.

171 So. 3d 436, 2015 La. App. LEXIS 1623, 2015 WL 4940808
CourtLouisiana Court of Appeal
DecidedJuly 22, 2015
DocketNo. 49,961-CA
StatusPublished
Cited by1 cases

This text of 171 So. 3d 436 (Williams v. Travelers Indemnity 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
Williams v. Travelers Indemnity Co., 171 So. 3d 436, 2015 La. App. LEXIS 1623, 2015 WL 4940808 (La. Ct. App. 2015).

Opinion

WILLIAMS, J.

hThe plaintiff, Sylvester Williams, appeals a judgment in favor of the defendants, The Travelers Indemnity Company, Joseph Coleman and Sheriff Jay Russell. The trial court dismissed the plaintiffs claims, finding that Coleman was not at fault in causing the motor vehicle accident. For the following reasons, we affirm.

[438]*438FACTS

On September 16, 2013, Sylvester Williams was operating a tractor with a bush hog attachment while performing his duties as an employee of the landscaping department of the City of Monroe. ' After finishing his first job of the day, Williams drove the tractor east on Richwood Road No. 1 toward his next assignment and he intended to turn left onto Reddix Lane, which ends at Richwood Road No. 1 (“Richwood”) in a T-intersection. Both of these roads are narrow two-lane roads and this segment of Richwood is marked with yellow dashed lines. At that time, Ouachi-ta Parish Sheriffs Deputy Joseph Coleman was driving a van east on Richwood transporting work release prisoners. Deputy Coleman drove one car-length behind the tractor for a distance of approximately one-half mile waiting for an opportunity to pass the tractor, which was proceeding at a speed of 15-20 miles per hour.

As the vehicles approached the intersection with Reddix Lane, the tractor slowed to approximately 5-10 miles per hour and Deputy Coleman thought that the tractor was moving right onto the shoulder of Richwood. Coleman then moved into the westbound lane and accelerated to pass the tractor, which began turning left onto Reddix Lane. The tractor’s front tire | ^struck the rear passenger side of Coleman’s van as it passed the tractor in the intersection. The impact caused minor scuff-mark damage to the vehicles and Williams sustained a soft tissue injury.

The plaintiff, Sylvester Williams, filed a petition for damages against the defendants, Joseph Coleman, Ouachita Parish Sheriff Jay Russell and his insurer, The Travelers Indemnity Company. After a trial, the court issued oral reasons for judgment, finding that Coleman could reasonably rely on the road markings which indicated passing was allowed and that Williams should have been able to avoid the accident if he had looked before turning left, since the van had almost completely passed the tractor before the collision. The trial court rendered judgment dismissing plaintiffs claims. The plaintiff appeals the judgment.

DISCUSSION

The plaintiff contends the trial court erred in assessing him with 100% fault in causing the accident. Plaintiff argues that Coleman was at fault because of his negligence in attempting to pass a left-turning vehicle.

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance. LSA-R.S. 32:73. A following motorist may not attempt to pass a leading motorist when approaching within 100 feet of any intersection. LSA-R.S. 32:76. A left-turning driver must give a signal of his intent at least 100 feet from the turning point and shall not turn until such movement can be made with reasonable safety. LSA-R.S. 32:104.

A motorist has a duty to keep his vehicle under control and to hmaintain a proper lookout for hazards. Harrell v. City of Shreveport, 47,011 (La.App.2d Cir.5/23/12), 92 So.3d 1180. The left-turning motorist and the overtaking, passing motorist must exercise a high degree of care as they are engaged in dangerous maneuvers. Bryant v. Newman, 39,437 (La.App.2d Cir.4/20/05), 900 So.2d 343; Thibodeaux v. Ace American Ins. Co., 2013-577 (La.App. 3rd Cir.11/27/13), 127 So.3d 132. In general, the court will not apply a presumption of negligence to either driver. Bryant, supra; Duncan v. Safeway Ins. Co. of Louisiana, 35,240 (La.App.2d Cir.10/31/01), 799 So.2d 1161.

[439]*439A driver must make a proper observation that the left turn can be made without endangering an oncoming or passing vehicle. Bamburg v. Nelson, 313 So.2d 872 (La.App. 2d Cir.), writ denied, 318 So.2d 57 (La.1975); Kilpatrick v. Alliance Casualty and Reinsurance Co., 95-17 (La.App. 3rd Cir.7/5/95), 663 So.2d 62. In addition to giving a signal, the left turning driver must look behind his vehicle immediately before the turn is attempted to ascertain whether the maneuver can be executed safely. Bamburg, supra. The driver of a following vehicle must be alert to the actions of motorists preceding him on the highway. Duncan, supra-, Kilpa-trick, supra. Specifically, the overtaking motorist has a duty to ascertain from all of the circumstances of traffic that the passing maneuver can be completed with safety. Bryant, supra-, Thibodeaux, supra.

In allocating fault, the trial court must consider the nature of each party’s conduct and the extent of the causal relationship between that conduct and damages. Harrell, supra. The trial court’s apportionment of [¿fault is a factual determination subject to the manifest error standard of review. Harrell, supra; Thi-bodeaux, supra.

In the present case, Stan Felts, a sergeant with the Ouachita Parish Sheriffs Office, testified that he investigated the accident and took photographs at the scene. Sgt. Felts stated that there was a yellow broken line on Richwood indicating that both directions of travel are allowed to pass when safe. Sgt. Felts acknowledged that this road marking conflicts with the statute that prohibits passing within 100 feet of an intersection. Sgt. Felts testified that the left front tire of the tractor was scuffed or scratched and that there was a rubber scuff mark on the right rear quarter panel of the van, which did not have any dents. Sgt. Felts stated that if a passing vehicle has “overtaken the passing lane” then the left-turning vehicle may not enter that lane until it is clear.

Sylvester Williams testified that shortly before the accident, he was driving a tractor east on Richwood with the intent to turn left at Reddix Lane. Williams stated that the tractor was equipped with flashing lights and turn signals that were working on the day of the accident, but the tractor did not have side or rearview mirrors. Williams explained that he was required to use the flashing lights when driving the tractor on a public road. Williams testified that while driving toward the intersection, he had been looking over his left shoulder “all the time” for traffic, but never saw the van before the collision. Williams estimated that the tractor was traveling at a speed of 15 to 20 miles per hour on Richwood and then slowed to approximately 5-10 miles per hour before starting the left turn. He testified ftthat the tractor was between 15 to 30 feet from the intersection when he activated the left turn signal. Williams stated that the tractor’s left front tire hit and rubbed against the van behind the right rear tire of the van. He testified that there was a scrape mark on the tractor tire, but no physical damage to the tractor. Williams stated he had no idea the van was behind the tractor until he turned left and collided with the van, which had almost completely passed the tractor at the time. Williams speculated that Coleman must have been traveling “pretty fast in order for him to get up on me and pass me ... like he did[.]”

Deputy Joseph Coleman testified that while driving a van east on Richwood he followed one car-length behind the tractor driven by Williams for a distance of approximately one-half mile and observed that the tractor’s flashing lights were not activated.

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171 So. 3d 436, 2015 La. App. LEXIS 1623, 2015 WL 4940808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-travelers-indemnity-co-lactapp-2015.