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Felice v. Allstate Insurance Co.

Citations: 736 So. 2d 260; 1999 WL 44764Docket: Nos. 98-1025, 98-1026

Court: Louisiana Court of Appeal; February 2, 1999; Louisiana; State Appellate Court

Narrative Opinion Summary

In a case stemming from an automobile accident, the plaintiffs sought damages from the defendant driver and his insurer, following a rear-end collision on a highway. The plaintiffs' vehicle, having stalled on an incline without a shoulder, created a hazardous situation when they failed to activate hazard lights or alert oncoming traffic for twenty minutes. The defendant's vehicle collided with the plaintiffs' stationary vehicle after the driver of a minivan in front of him swerved, obstructing his view and leaving little room for evasive action. The trial court ruled in favor of the defendants, emphasizing the plaintiffs' non-compliance with La.R.S. 32:141(B), which requires drivers of disabled vehicles to protect traffic, and thereby diminishing the presumption of negligence typically applicable to rear-end collisions under La.R.S. 32:81(A). The court found the defendant acted reasonably under the circumstances, braking promptly upon sight of the stalled vehicle. The appellate court affirmed the trial court's judgment, highlighting the crucial role of factual findings and witness credibility, and assessed the appeal costs against the plaintiffs, thereby exonerating the defendant from liability.

Legal Issues Addressed

Application of La.R.S. 32:81(A) on Following Too Closely

Application: Johnson was found not to have violated the statute prohibiting following too closely, as he acted prudently given the sudden emergency created by Sanders' stalled vehicle.

Reasoning: The court determined that the plaintiffs’ failure to warn oncoming traffic precipitated Johnson's last-minute lane change, creating a sudden emergency for him.

Credibility of Witnesses and Factual Findings

Application: The trial court's assessment of witness credibility and factual findings, including the determination of no manifest error, were upheld on appeal.

Reasoning: The trial court's factual findings, including the credibility of witnesses, were upheld as there was no manifest error.

Driver's Duty under La.R.S. 32:141(B)

Application: The court applied the statute to determine that Sanders failed to protect traffic after her vehicle stalled, contributing to the conditions leading to the accident.

Reasoning: The judge found that Sanders did not activate her hazard lights and that she and her passengers remained in the vehicle for twenty minutes attempting to restart it before the accident.

Presumption of Negligence in Rear-End Collisions

Application: The court examined the circumstances to determine whether the presumption of negligence against Johnson, as the rear driver, was negated by Sanders' failure to warn oncoming traffic.

Reasoning: Case law indicates that drivers who rear-end stationary vehicles are generally considered at fault, with a presumption of negligence established... However, each case requires careful examination of the circumstances...