Smith v. Safeway Insurance Co. of Louisiana

Citations: 146 So. 3d 944; 2014 WL 3932956Docket: Nos. 49,136-CA, 49,137-CA

Court: Louisiana Court of Appeal; August 13, 2014; Louisiana; State Appellate Court

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Ricky Stewart appeals a judgment favoring National Automotive Insurance Company, Jerry Smith, Safeway Insurance Company of Louisiana, and Allison Youngblood, after the trial court concluded that he did not prove the defendants' liability for his injuries. The incident occurred on April 3, 2011, when Youngblood's vehicle collided with Smith’s truck at an intersection, resulting in injuries for both Stewart and Youngblood. Stewart filed a petition for damages against the defendants, which were consolidated with Smith's similar petition.

At trial, conflicting testimonies emerged regarding the traffic light status at the intersection. Smith and another witness testified that the light was green for him, while Youngblood claimed her light turned green as she approached. Another witness, Johnson, indicated that the Ockley light was red before turning green just prior to the collision. The trial court found insufficient evidence to assign liability to either driver due to the conflicting testimonies and expressed doubt regarding the full connection of Stewart's medical treatment to the accident, ultimately dismissing both Stewart's and Smith's claims.

On appeal, Stewart argues that the trial court erred by not applying the guest passenger presumption, which could indicate liability for Smith or Youngblood, and insists that evidence supports a finding of fault against Smith based on an independent witness's statement. The guest passenger presumption shifts the burden of proof to the defendants to show they were not negligent when an innocent passenger is injured, but the plaintiff still must establish his own innocence and that the circumstances necessitate a finding of fault for at least one driver.

The plaintiff must first establish the evidentiary burden, after which each defendant driver is required to provide affirmative facts and circumstances to exculpate themselves, rather than just denying allegations. Courts should reconcile differing witness testimonies when possible; if not, they must evaluate the credibility of the statements based on the witnesses' ability to observe, any corroborating evidence, and the required degree of proof. A trial court's factual determinations will only be overturned on appeal if they are manifestly erroneous. However, if there is a significant legal error or clear factual mistake, an appellate court may review the facts anew and issue a judgment based on the full record.

In this case, witness Patty Johnson stated she was driving behind Youngblood’s vehicle when the traffic light turned green just before Youngblood entered the intersection and was struck by a pickup truck. Johnson, who was not acquainted with any of the involved parties, provided her contact information to Youngblood and later submitted a witness statement to the police. Corporal C. Rose testified about his observations at the accident scene, noting that Youngblood appeared disoriented and had initially miscommunicated her direction of travel. He later clarified that the damage to her vehicle aligned with her claim of turning from Ockley. Rose confirmed the traffic light was functioning correctly at the time and that he recorded Youngblood’s failure to yield based on an initial misunderstanding. Jerry Smith, the driver of the pickup, testified that he observed the light on St. Vincent was green as he approached the intersection and maintained a speed of 25 to 30 miles per hour. Smith also mentioned his impaired vision but asserted he could see adequately.

Allison Youngblood testified that she was driving on Ockley towards her home when she encountered a red light, which turned green as she approached the intersection with St. Vincent. She slowed down but did not come to a complete stop before entering the intersection, where her vehicle was struck on the driver’s side by a pickup truck. Youngblood admitted not looking left as she entered the intersection after the light turned green. 

Ricky Stewart, a passenger in the pickup truck, stated that the light on St. Vincent was green as they approached. He claimed they were traveling at 35 mph and did not slow down when they reached the intersection. Stewart initially indicated in his deposition that he saw a green light when they were three car lengths away but later contradicted this by saying he saw a red light. He observed the collision as they passed through the light.

Leonard Bryant, who drove behind Stewart's truck, confirmed seeing a green light on St. Vincent and did not slow down. He stopped briefly after witnessing the collision but left without identifying himself as a witness. Bryant later provided a statement to Smith's attorney about four months after the accident.

The document concludes that Stewart, as a passenger, bore no fault, and that the circumstances of the intersection collision indicated that at least one driver must be at fault. The trial court's failure to consider the guest passenger presumption necessitated a de novo review of the evidence to assess fault. The investigating officer verified that the traffic light was functioning properly at the time of the accident, and the testimonies regarding the St. Vincent light being green do not negate Youngblood’s account of the red light on Ockley.

Smith's assertion of observing a green light at Ockley contradicts his failure to notice Youngblood's vehicle before the collision, suggesting his attention was diverted from the traffic signal. The damage to Youngblood's vehicle indicates she entered the intersection prior to the collision, implying Smith should have seen her if focused on the light. Youngblood maintained that the light was green as she entered, a claim supported by disinterested witness Johnson, whom the trial court deemed credible. In contrast, Bryant, who did not identify himself as a witness at the scene and delayed his statement until four months later, lacks credibility. The evidence collectively shows that Smith's negligence in maintaining a proper lookout and failing to stop at the red light caused the accident, warranting a reversal of the trial court's finding of no liability against him.

Regarding damages, Stewart contends the trial court erred by not awarding damages despite evidence of injuries from the accident. An appellate court can award damages if the record substantiates them. Stewart was initially transported to the hospital post-accident but left before being examined. He returned two days later with neck and back pain, diagnosed with a neck sprain and prescribed pain relief, incurring $681.98 in hospital costs. Chiropractor Dr. Lorenzo Erickson confirmed Stewart's treatment for similar complaints, attributing his physical issues to the accident, with chiropractic expenses totaling $853. The evidence supports a reasonable compensation award for Stewart's damages.

Dr. Richard Kamm evaluated Stewart on June 30, 2011, for complaints of lower back and knee pain. The examination revealed lower back tenderness and muscle tension, but no knee swelling. Dr. Kamm diagnosed Stewart with a muscle strain in the lower back and soft tissue injuries in both knees. During a follow-up in July 2011, Stewart reported improvement in knee pain but continued back pain. Dr. Kamm prescribed anti-inflammatory and pain medications after each visit. By August 24, 2011, Stewart noted back improvement but persistent knee pain, prompting Kamm to recommend knee x-rays due to the inconclusive examination. Kamm attributed Stewart's injuries to an auto accident, providing $920 worth of treatment, alongside $344.54 for pain medication, totaling $3,423.52 in medical expenses. Stewart reported intermittent pain but maintained his ability to work and pursue hobbies, with significant soft tissue recovery within four months. Kamm assessed Stewart's prognosis as good to excellent by August 2011. The conclusion states that Stewart is entitled to $3,000 in general damages. The judgment dismissing Stewart's claims against National Automotive Insurance Company and Jerry Smith is reversed, awarding him total damages of $6,423.52, alongside expert witness fees of $750 for Dr. Kamm and $500 for Dr. Erickson, assessed as court costs to the defendants. The appellate costs are assigned to the appellees, affirming part of the judgment while reversing and rendering other parts.