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Louisiana Farm Bureau Mutual Insurance Co. v. Regal Insurance Co.3/6/2002
AFFIRMED.
The appellant, Regal Insurance Company (Regal), appeals the trial court's final judgment in favor of the plaintiff, Louisiana Farm Bureau Mutual Insurance Company (LFBM), in this personal injury accident case. The judgment was in the amount of $3,874.21, plus $200.00 for the amount of the deductible, along with interest from October 5, 2000. The court further dismissed Regal's and Carlis McLinden's reconventional demand. We affirm.
FACTS
On October 15, 1999, while driving on Highway 94, a two lane highway in Breaux Bridge, Louisiana, the vehicles of Joyce Cormier (insured with Regal), and Michael Fitzgerald (insured with LFBM) collided.
Cormier was pulling a 15 foot long flatbed trailer. Fitzgerald drove behind Cormier and the trailer. Cormier attempted to make a right turn from La. 94 into a driveway leading to her residence. As she approached the driveway, she swung her vehicle wide, entering the left turn only designated lane. Cormier testifies her right turn signal was activated as she made the maneuver. Fitzgerald testifies the turn signal was not activated. As Cormier's vehicle entered the left turning lane, Fitzgerald testifies he continued to travel straight. As he pulled along side of Cormier's vehicle, then in the left turning lane, Cormier began making a right turn forcing him to hit his brakes and swerve to the right of her vehicle in order to avoid a collision. His attempt was unsuccessful.
DISCUSSION
Standard of Review
Allocation of fault by the trial court is entirely a factual determination and is reviewed under the clearly wrong manifest error standard of review. Lee v. Missouri Pac. R.R. Co., 540 So.2d 287 (La. 1989). A trial court is granted great and vast discretion in making fault allocation determinations. Courts reviewing cases involving allocation of fault should view the record as a whole through a lens of deference to the trial court and jury. Vigh v. State Farm Fire & Cas. Ins. Co., 97-0381 (La.App. 4 Cir. 11/19/97); 706 So.2d 480.
It is well-settled that the trial court's findings of fact may not be set aside on appeal in the absence of manifest error or unless clearly wrong. Leal v. Dubois, 00-1285 (La. 10/13/00); 769 So.2d 1182; Stobart v. State,through DOTD, 617 So.2d 880 (La. 1993). Even though an appellate court may feel its own evaluations and inferences are more reasonable than those of the fact-finder, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony. Rosell v. ESCO, 549 So.2d 840 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). An appellate court should not substitute its opinion for the conclusions made by the trial court, which is in a unique position to see and hear the witnesses as they testify. In re A.J.F. Applying for Private Adoption, 00-0948 (La. 6/30/00), 764 So.2d 47. The trier of fact is not disadvantaged by the review of a cold record and is in a superior position to observe the nuances of demeanor evidence not revealed in a record. Leal, 769 So.2d 1182; Adkins v. Huckabay, 99-3605 (La .2/25/00); 755 So.2d 206.
Law and Argument
Regal contends the trial court erred in determining Ms. Cormier was 100% at fault when Fitzgerald collided into her vehicle. We disagree.
The law imposes a duty of great care on a motorist following a preceding motorist. Nesbit v. Travelers Ins. Co., 218 So.2d 396 (La.App. 2 Cir. 1969). An exception, however, is recognized when the driver of the preceding or lead vehicle negligently creates a hazard which the driver of the following vehicle cannot reasonably avoid. Id.
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