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Youngblood v. Lee11/2/2005
ming to a complete stop. She stated that she looked both ways and had to wait at the stop sign due to heavy traffic on the highway. She remembered conversing with her son "for a good little while before we finally the go-ahead to go across because of the clear traffic."
Additionally, Cheryl recalled that the windows of the car were rolled up and the air-conditioner was on (it was July). She also stated that she had sunglasses on. Finally, she testified that she did not hear or see Sgt. Lee approaching her.
At the trial, the trial court considered the diagram included on the police accident report prepared subsequent to the accident (Appendix "A"). In questioning whether Sgt. Lee acted in reckless disregard of the public safety, the trial court saw as most decisive the fact that Sgt. Lee hit Cheryl's vehicle while she was in the eastbound lane of Hwy. 84. As noted by the trial court, Cheryl was able to cross two lanes of traffic (one of which Sgt. Lee was lawfully traveling in), before Sgt. Lee swerved into her lane and collided with her vehicle. The trial court attributed the collision to Sgt. Lee's high rate of speed and his misguided attempt at evading the collision--a maneuver which, incidentally, placed him in the illegal lane for oncoming traffic. Undoubtedly, the trial court gave greater credibility to Cheryl's testimony that she did not see or hear Sgt. Lee approaching the intersection. Given the facts of this case as testified to by the parties, such a finding is not unreasonable or manifestly erroneous, especially considering that Cheryl was well across the lane of traffic in which Sgt. Lee was traveling. It is also reasonable that she did not see Sgt. Lee's vehicle as it was not readily identifiable as a police vehicle--it was dark green and did not have lights on top, only in the grill. Additionally, the fact that Cheryl had her windows up and air-conditioning on supports her claim of not hearing Sgt. Lee's vehicle--even though his siren was apparently on. Whereas La. R.S. 32:24B(3) allows an emergency vehicle to exceed the speed limit, such are still imposed with the duty of not endangering life or property. Sgt. Lee failed to adhere to said duty under these facts. Certainly the trial court judge, as fact-finder, was in a more apt position to consider the witness testimony and reach this conclusion, which, in this case, was in no way unreasonable. We find no manifest error in the trial court's determination on this issue.
CONCLUSION
For the foregoing reasons, the judgment of the trial court in favor of Cheryl and Kenneth Youngblood is hereby affirmed, with costs of these proceedings assessed to the appellants.
AFFIRMED.
Appendix "A"
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