 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hayes v. Maxey12/28/2001
The City of Shreveport appealed the judgments in a pair of cases awarding damages to Dorothy Hayes and Patricia Maxey who sought recovery for injuries sustained in a relatively minor collision between a city bus and a 1993 Thunderbird driven by Maxey and occupied by Hayes. The judgment is affirmed.
In No. 35,294-CA, Dorothy Hayes sued Maxey, the driver of the car in which she rode; Safeway Insurance Company, Maxey's insurer; and the City of Shreveport. Shreveport answered and filed a motion to consolidate this matter with No. 35,295-CA, Maxey's action for damages against the City of Shreveport. Safeway and Maxey also answered Hayes' petition for damages. The record does not contain an order consolidating the matters for trial nor do the minutes contain any indication that a contradictory hearing was held on the motion to consolidate. La. C.C.P. art. 1561. However, the matters were tried together and one judgment captioned with both actions was filed in each record.
TESTIMONY
At the consolidated trial, photos of the scene, the plaintiffs' medicals and Maxey's insurance coverage were introduced without objection. The parties stipulated that Emergency Medical Technician Charles Parker would have testified that he responded to the scene at which only Dorothy Hayes claimed to be injured, but declined medical assistance at the scene. The accident report was also introduced without testimony by agreement of counsel.
Stanley Carpenter, a Sportran bus driver for the City of Shreveport for seventeen years, testified that the accident occurred on April 7, 1998 between 12:35 and 12:40 PM. Carpenter further stated that the incident occurred at the intersection of Portland and Laurel actually in the middle of Portland when he was making a left turn. Traveling west on Laurel, Carpenter stopped the bus at the stop sign at the intersection with Portland and opened the door, as required by state law, to watch for southbound traffic on Portland. He did not remember, but said he could have been talking to someone standing at the intersection. Carpenter was driving bus #411 which the driver stated was 40 feet long, 102 inches (or 8.5 feet) wide and weighed 2,600 pounds. Although aware there were vehicles behind the bus, Carpenter said he did not know any had driven around the bus while he was stopped. He estimated he was stopped a minute to a minute and a half waiting for traffic to clear. After looking to the right, he closed the door (the bus will not move when the door is open). Then he checked his left mirror which he stated had no blind spots for traffic on his left. Carpenter testified the accident did not happen until he had left Laurel and was on Portland in the middle of his turn.
Further, he admitted he did not see the vehicle driven by Maxey and occupied by Hayes until the impact. Carpenter said he was looking to the left and traveling about 5 MPH. He estimated the west-bound lane on Laurel to be about 17 feet wide. Although Carpenter stated he did not recall, he acknowledged on cross-examination he could have had a conversation with a pedestrian while the bus was motionless. Although he was unable to identify her at trial, the bus driver stated the passenger in the auto said her knee was injured. Carpenter also asserted his bus was completely in the west-bound lane of travel while stopped at the stop sign. As Carpenter began his turn, he stated he put on his blinker and began his turn. He never physically turned to his left and looked over his shoulder at the lane beside the bus. As the bus turned, the collision occurred and Carpenter saw the Maxey vehicle for the first time.
In responding to questions by the city's counsel, Carpenter said that th
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|