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Bender v. Cron12/12/2001
AFFIRMED
In this personal injury action, plaintiff, Christopher C. Bender, appeals an adverse judgment by the trial court which found that he did not prove, by a preponderance of the evidence, that defendant, Darin Cron, was at fault in an automobile accident. For reasons that follow, we affirm.
Bender filed this action in tort against Cron and his insurer, Allstate Insurance Company (Allstate). The petition alleges Cron was the proximate cause of an automobile accident which occurred on December 11, 1995 in which Bender sustained bodily injury and property damage. After a bench trial on the merits, the court found that Bender failed to prove his case by a preponderance of the evidence. Accordingly, judgment was rendered in favor of defendants, Cron and Allstate, and the matter was dismissed with prejudice. Bender appeals.
At trial, Bender testified that he and his wife were on their way home at about 5:00 p.m. on December 11, 1995. Bender was driving in the right-hand lane of Causeway Boulevard, traveling southbound in light to moderate traffic. He proceeded up the overpass over Airline Highway. He was in the right-hand lane traveling southbound towards Jefferson Highway. As he reached the crest of the bridge, he saw a line of cars in the merging lane. There were two trucks and a sedan in line waiting to merge into traffic. The line of cars began merging as Bender came to the merge point. He signaled and entered the left lane. As he did so, a small truck in the merge lane, driven by Cron, "jumped" right out in front of him from behind a large truck. Bender was unable to stop and collided with the rear of Cron's vehicle. Bender estimated that he was traveling at about forty-five miles per hour at the time of the accident. The vehicles in the merge lane were moving at a slower rate of speed and none indicated an intent to change lanes.
Wendy Morrison, who was married to Bender at the time of the accident, also testified at trial. Her testimony is substantially the same as that of Bender with regard to the facts of the accident.
Bender also presented testimony from Louisiana State Trooper, Todd Wood, who investigated the accident. Trooper Wood testified mostly from the accident report he made at the time of the incident. He stated that his independent recollection of the accident consisted of only vague recollections of one or two minor details.
In his investigation, Trooper Wood took statements from Bender and his wife, and Cron. According to both drivers' statements, the accident occurred in the left lane of traffic. Bender's statement indicated he was traveling southbound in the right lane of Causeway Boulevard when he saw Cron's vehicle proceeding from the merge lane into the right lane of traffic at such a proximity that the only way to avoid a collision was to change lanes to the left. However, Cron continued into the left lane and Bender rear-ended the Cron vehicle. Trooper Wood did not view the accident scene, take measurements, or do any other investigation. Based solely on the statements given by the drivers, Trooper Wood cited Cron for failure to yield when changing lanes, and opined at the trial that the accident was the fault of Cron.
On cross-examination, Trooper Wood testified that he came on the scene after the accident occurred and did not know the exact location of the accident, since both cars were moved to the corner of Jefferson Highway and Causeway Boulevard by the time he arrived. Because the cars were parked about one-half mile from the scene of the accident, Trooper Wood did not do a site investigation. Trooper Wood admitted that Cron's version of the incident differed from that of Bender in that Cro
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