Turner ex rel. Turner v. Rankins
Docket: No. 84 CA 0869
Court: Louisiana Court of Appeal; November 18, 1985; Louisiana; State Appellate Court
Helen Turner, representing herself and her adopted daughter Demetra Nicole Turner, filed a wrongful death action for Clarence L. Turner, who died following a collision between a car driven by Rosa Rankins and Mr. Turner’s motorcycle. The trial court awarded $50,000 to Helen Turner and $25,000 to her as tutrix of Demetra. Rankins, along with State Farm Mutual Automobile Insurance Company, appealed the judgment, contesting liability and seeking a reduction in the awarded damages, arguing that the amount would leave her financially incapacitated. The accident occurred when Rankins attempted a left turn from North Acadian Thruway into Washington Avenue, colliding with Mr. Turner's motorcycle. Testimonies conflicted, with Rankins asserting she turned from the left lane, while other witnesses claimed she turned from the right lane directly into the motorcycle's path. The trial court favored the testimony of the Turners' witnesses and found Rankins at fault, while exonerating Mr. Turner. The trial court noted Rankins' financial status as a factor in determining the damages, indicating it would have awarded more if not for this concern. However, referencing the Louisiana Supreme Court's ruling in Rodriguez v. Traylor, which established that a defendant's inability to pay should not mitigate damage awards, the appellate court affirmed the trial court's judgment. The appellate court stated that, had the plaintiff appealed, the judgment could have been increased based on this precedent. Ultimately, the original judgment was upheld, with costs to be borne by the appellants.