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Klaveness v. Massey2/16/2000
Court composed of Judges Charles Grisbaum, Jr., James L. Cannella and Clarence E. McManus
REVERSED
The instant matter arises out of a two-car accident which occurred at the intersection of Broad and Esplanade Streets in New Orleans on April 26th, 1997, which was controlled, at the time of the accident, by a flashing traffic light. Appellant is guest passenger Gerd Klaveness, who sued both her driver and the driver of the second vehicle. The trial judge found the driver of the car in which Klaveness had been riding free from fault in the collision. Klaveness now appeals this ruling, and finding manifest error in the judge's determination of fault, we reverse and award damages.
The proceedings below were instituted by suit timely filed against Anna Stauder, Klaveness's driver, a resident of Jefferson Parish, and the driver of the second vehicle, Paula G. Massey. Defendant insurers are Appellee State Farm Mutual Automobile Insurance Company, who covered Stauder, and Southern United Fire Insurance Company, who covered Massey.
The matter proceeded with no significant pretrial activity except for a Motion for Partial Dismissal of Paula Massey and Southern, which was granted, leaving Klaveness's driver Stauder the only remaining party defendant at trial.
A bench trial was held April 26th, 1999; at the conclusion of testimony, the matter was taken under advisement, and the Judgment with Reasons was rendered May 21st, 1999. A Motion for Appeal was timely filed.
On appeal, in brief, Appellant Klaveness argues that the trial judge was in error in having found Defendant Massey totally at fault.
The evidence regarding the collision is as follows. All parties are in agreement that the accident had occurred at about 7:00 A.M. on the date in question. All parties agree that the streets meeting in the intersection are four lanes, with medians, or "neutral grounds", running down each street to separate opposing traffic. All parties agree that though the sky had been "overcast", the result of recent showers, there had been no problems with visibility, and the recent rain and wet streets do not seem to have been a factor in the accident. The parties' versions of the actual collision, however, are at odds.
Paula Massey testified that at the time of the accident she had been driving down Broad Street heading towards the interstate as she had approached the intersection. She stated that she had seen the flashing traffic signal "maybe" four or five blocks before the actual intersection, and that it had been flashing yellow facing her. She stated that she had approached the intersection cautiously and had looked both ways before entering the intersection. She did state, however, that she had not stopped before she proceeded - "No, physically stop, no, I did not." She stated that she had seen Stauder's car "right when it [had been] crossing over" the median and that Stauder had not stopped in the Esplanade median before proceeding again. She stated that Stauder's vehicle "just ran in front" of her. Massey stated that she had "press her brakes" and had tried to avoid Stauder's vehicle, but that the collision had been "inevitable." When Massey was referred to the police report of the incident, she testified that the report would have been "incorrect" to indicate that the light facing Broad Street had been flashing red at the time of the accident.
Anna Stauder, the driver of the car in which Klaveness had been a passenger, stated that at the time of the accident they had been driving down Esplanade towards the river. She testified that she had seen the traffic signal four blocks away from the intersection, and that it had
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