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Lara v. Knotts6/21/2000
Judgment rendered June 21, 2000. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Plaintiffs, John Lara and his father, Victorino Lara, appeal from a judgment rejecting their claims for personal injury and property damage against Defendants, Teresa Knotts and State Farm Insurance Company ("State Farm"). For the reasons stated herein, we affirm.
FACTS
This lawsuit concerns an automobile accident which occurred on Highway 80 in Bossier Parish near the Interstate 220 overpass. At approximately 2:00 a.m. on October 3, 1998, John Lara was driving his father's pickup truck eastbound on Highway 80. The eastbound section of Highway 80 is five lanes wide at this point, but the inner and outermost lanes are "turn-only" lanes. It was raining as Mr. Lara stopped his truck near the traffic light at the intersection of Highway 80 and the entrance to Louisiana Downs. Witnesses testified that Mr. Lara's truck was stopped in the right lane of the three through lanes, although the police report of the incident shows the vehicle in the center lane.
Mr. Lara testified that his truck has a manual transmission and that, when he stopped for the traffic light, he put his truck in neutral and let the clutch out in order to rest his leg because he had recently had knee surgery. Mr. Lara further testified that, when the traffic light in his favor turned green, he put the truck into first gear and attempted to pull away, but the truck stalled. He stated that, when the truck stalled, its headlights and interior lights went out; and he indicated that his brake lights might have gone out as well. The pickup truck's original tailgate was not on the vehicle; instead, it was equipped with a barred tailgate. The truck's bumper was chromed, but the bed was lined with a black liner.
In the meantime, Ms. Knotts was driving herself and two companions eastbound on Highway 80 toward the traffic light. Ms. Druscilla Mason, one of Ms. Knotts' passengers, testified that it was "pouring down rain." The posted speed limit was 45 miles per hour and Ms. Knotts estimated her speed to be 40 to 45 miles per hour. Ms. Knotts testified that her headlights and windshield wipers were on and she first saw Mr. Lara's truck when she was about one and one-half car lengths away from it. Ms. Mason shouted, "Truck!" and Ms. Knotts braked as hard as she could, but was unable to avoid hitting the truck. The collision was of sufficient severity to trigger the release of the front airbags in her vehicle.
Regarding the visibility at the crash site, Ms. Knotts testified: t's a dark area right there where . . . the accident happened. I mean, it was right underneath the - right after you go underneath that overpass. And there's - it's just a dark spot there. Now there is a street light on down. But half the time that street light is not even on.
Bossier City Police Officer Cordell Williams, who investigated the accident, testified that the street light illuminating the intersection was operational at the time of the accident; this light is to the north of the whole of Highway 80, not in the median between the east and westbound lanes. Officer Williams' report reflects that the accident "occurred on U.S. Hwy 80 . . . relative to its intersection with 150 feet [West] of I-220." Witnesses differed as to how close Mr. Lara's truck was to the traffic light and some said that his truck was well back from the entrance to Louisiana Downs.
Witnesses also differed regarding Mr. Lara's statements after the accident. Mr. Lara said that the crash happened just after his truck stalled. He stated he had just leaned forward to turn the key in the igniti
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