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Wheelis v. CGU Insurance12/7/2001
In this personal injury action, the defendants, James C. Kent, Global Laboratories, LLC., and its liability insurer, CGU Insurance, appeal a trial court judgment in favor of the plaintiffs, William and Linda Wheelis, finding the defendants 100% at fault in causing the automobile accident. The defendants also challenge the trial court's quantum award for plaintiff, Linda Wheelis. For the reasons expressed, we amend the trial court's judgment, and affirm, as amended.
FACTS
On July 30, 1998, at approximately 3:30 p.m., the plaintiffs, William and Linda Wheelis, were traveling on Louisiana Highway 34, in Jackson Parish. William Wheelis was operating a 1978 Ford F100 truck. Linda Wheelis and their two grandchildren were passengers in the vehicle. The defendant, James Kent ("Kent") was operating a 1994 GMC truck, owned by Global Laboratories, LLC, and was traveling north on La. Hwy. 34, toward Ouachita Parish. Evidence adduced at trial shows that the weather was sunny and dry. The highway was free of defects; however, there is a curve just prior to the accident site.
According to Kent, his truck began to overheat. He proceeded to make a right-hand turn onto the shoulder of the highway. Kent was traveling at between 5 to 10 mph, when his truck was struck from behind by the Wheelis' vehicle. At the time of impact between the vehicles, Kent's right front tire was slightly off the roadway. According to William Wheelis, he was traveling 300 to 400 feet behind Kent when he realized that Kent was stopping his truck. Although William Wheelis sustained only minor injuries as a result of the accident, Linda Wheelis suffered more severe injuries, including a broken wrist.
The plaintiffs filed suit against Global Laboratories, LLC, the owner of the truck, and its insurer, CGU Insurance. After a bench trial, the court found Kent 100% at fault in causing the accident. The court found that Kent did not utilize his turn signal and his brake lights were not working. The court held that Kent had created a sudden emergency and William Wheelis could not reasonably avoid the rear-end collision. The court awarded William Wheelis $500 for his injuries and $500 for property damage. Linda Wheelis was awarded $25,000 in general damages, $7,593.38 in special damages and $145.70 as reimbursement for travel for medical care. The defendants appeal.
DISCUSSION
The defendants contend the trial court erred in finding that the driver, Kent, created a sudden emergency. They argue that they should not have been assessed with 100% of the fault in causing the accident. Plaintiffs contend the trial court's decision that William Wheelis was free from fault is correct because: (1) he had his vehicle under control; (2) he closely observed the preceding vehicle; (3) he followed at a safe distance under the circumstances; and, (4) the "sudden emergency doctrine" applies.
It is well settled under our law and jurisprudence that a following motorist in a rear-end collision is presumed to have breached the standard of conduct prescribed in LSA-R.S. 32:81 and therefore is presumed negligent. Traweek v. Jackson, 30,248 (La. App. 2d Cir. 2/25/98), 709 So.2d 867. Section 81 provides as follows:
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.
The burden rests with the following motorist to exonerate himself or herself from negligence. Evans v. Olinde, 609 So.2d 299 (La. App. 3d Cir. 1992); Fontenot v. Boehm, 512 So.2d 1192 (La. App. 1st Cir. 1987).
However, when a following m
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