Articles Posted in Negligence

It is often the case that although technically legal, certain lawsuits will not be popular amongst the general public because the court’s reasons for its decision just will not make sense at an emotional level.  Despite this fact, people should take notice of the fact that courts rule based on what the law deems to be just and fair. This sort of a fact may only be small comfort to the Toups, who lost their son and want the party or parties responsible to be held accountable for the loss they suffered.    

This was an appeal from a summary judgment granted in favor of Adele Dantin, wife of Mr. Dantin, the driver of the car that hit the pickup truck driven by Dr. Toups that resulted in the death of the Toups’ son.  The Toups’ alleged Adele was negligent because it was her car that Mr. Dantin was driving at the time of the accident.  The accident occurred on Louisiana Highway 1 in Lafourche Parish.  Adele filed a motion for summary judgment which asserted she was not legally responsible for the accident because there was no evidence that she gave Mr. Dantin permission to drive the car at the time of the accident.  The motion was granted and the Toups’ appealed.  The First Circuit affirmed which meant that Adele did not share in the negligence of her husband for the accident that resulted in the death of the Toups’ son.

The Toups alleged that Mr. Dantin had a history of drug and alcohol related charges for more than 30 years, that since his release from jail in August 2009, Mr. Dantin was prohibited from operating a vehicle that did not have an ignition interlock device, and that the Maxima that Mr. Dantin had been driving at the time of the accident did not have an ignition interlock device.

Do you remember how it felt to get your driver’s license? Perhaps there was a sense of freedom, invincibility, or just sheer excitement. Imagine, or think back to your own memories of, that feeling’s abrupt end — your first car accident. Such was the experience of one teenager in Monroe, Louisiana.

On May 10, 2012, a little over three months after getting her driver’s license, Courtney Smart and her passenger, Michele, were on their way to school and heading east on Garden Lane toward its intersection with Highway 165. Rita Calhoun, age 69, was headed west toward the same intersection from the opposite side of the highway. In the process of turning right onto Highway 165 South, Courtney’s vehicle collided with Rita’s vehicle, which had made a left turn at the intersection. The collision occurred near the intersection in the left lane of the highway, damaging the rear left panel of Courtney’s Hyundai Elantra and the front right corner of Rita’s Toyota Avalon.

Courtney’s and Michele’s parents (“Plaintiffs”) filed a lawsuit against Rita, claiming that Courtney lawfully made a right turn onto the highway when Rita turned left without yielding the right of way at the intersection and subsequently hit Courtney’s car. Rita denied these allegations in her answer and alleged instead that Courtney was at fault by turning into Rita’s path. Both parties then filed motions for summary judgment, but the trial court denied each motion after finding genuine issues for trial pursuant to La. C.C.P. art. 967(B). In other words, the Plaintiff’s and Rita each filed a motion asking the judge to rule in their favor because their version of the facts is the only plausible version. The court denied the motions, however, because both Courtney’s and Michele’s versions of the accident were plausible. The matter then proceeded to a bench trial, which is a trial before a judge instead of a jury.

When a driver is rear-ended, there is generally a presumption the rear driver is negligent. This is based on the principle that the following driver must maintain a prudent distance from the vehicle in front of them and concentrate on their speed as well as the traffic and general condition of the roadway. La. R.S. 32:81(A).This presumption of negligence when a driver rear-ends another can be overcome by showing that the driver in front was driving unpredictably and caused a sudden emergency which could not be anticipated by the rear driver. Cheairs v. State ex rel. Dept. of Transp. & Dev., 861 So.2d 536 (La. 2003).

In a recent case, the Louisiana Second Circuit Court of Appeals considered when the presumption could be overcome. This case involved a three-car accident in West Monroe, Louisiana. The accident occurred when Norma C. Alvarez merged onto the Interstate 20 after exiting the on-ramp. According to Officer Jacob May, who witnessed the accident, Alvarez wasn’t traveling as quickly as the other vehicles on the interstate and appeared “almost stopped” in the lane. Alvarez was rear-ended by a driver in the left lane of the interstate, Hazel Lee, and then Barbara Jewitt, the plaintiff, rear-ended Lee. Officer May believed that Alvarez’s slow speed caused the accident. Alvarez did not have a driver’s license and had been driving without a license for 15 years. At trial, Jewitt testified that at the time of the accident she was checking her mirrors as she was about to change lanes and when she looked ahead the car in front of her had stopped and she only had a few seconds to stop. Jewitt stated that it was impossible to avoid hitting the car in front of her.

The Trial Court found that Alvarez was 100% at fault for the damage to Jewitt’s car and Jewitt’s injuries, finding that there was nothing the plaintiff could do to avoid the accident. Alvarez appealed the finding and argued on appeal that the presumption of negligence against rear-ending drivers applies and that the accident only occurred because Lee and Jewitt were either not paying attention or were speeding.