176 So. 3d 1056
La. Ct. App.2015Background
- Automobile collision in Lafayette, LA at 1:15 a.m. on July 22, 2010 between Plaintiff Burtner turning left from Jomela Dr onto West Pinhook Rd and a Lafayette City Police vehicle driven by Milazzo.
- Milazzo was not responding to an emergency and was speeding; there is a disputed degree of speed above the limit (40 mph).
- Preliminary evidence: Burtner had consumed alcohol earlier (0.06 BAC by testing; experts suggest impairment could exist below legal limit).
- Jomela Dr has a left-turn maneuver into a two-way, multi-lane road with a near-blind curve due to trees; operating a left turn on a favored street from an unfavored street imposes a duty to proceed with extreme caution.
- Trial court found both parties at fault (Milazzo 10%, Burtner 90%) and awarded medical damages of $67,072.12 and general damages of $40,000; Burtner appealed asserting error in fault allocation and damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fault was properly allocated between Burtner and Milazzo. | Burtner argues Milazzo’s speeding caused the crash and the trial court’s 90/10 split was wrong. | Milazzo contends Burtner largely caused the accident due to left-turn risk; the court’s apportionment should reflect Burtner’s fault. | Amended to 75% Burtner and 25% Milazzo; Milazzo’s speed raised risk and near-curve conditions justify greater Milazzo fault. |
| Whether the general damages award was an abuse of discretion. | The trial court’s $40,000 general damages undercompensated the injury severity given surgeries and ongoing pain. | Defendants concede general damages were within trial court discretion but oppose higher award. | General damages increased to $125,000. |
| Whether medical expenses should be adjusted and court costs maintained as awarded. | Medical expense total included post-accident wound-care; all certified medical costs should be awarded. | Some claimed expenses were not properly supported; lower total appropriate. | Medical expenses reduced to $63,385.12; court costs upheld; no reversal on court-cost principle. |
Key Cases Cited
- Watson v. State Farm Fire & Casualty Insurance Co., 469 So.2d 967 (La. 1985) (factors influencing fault and standard of appellate review in allocation of fault)
- Stobart v. State, Through Dep’t of Transp. & Dev., 617 So.2d 880 (La. 1993) (manifest error review of factual findings in fault allocation)
- Duncan v. Kansas City Southern Railway Co., 773 So.2d 670 (La. 2000) (standard for fault allocation deference to trial court findings)
- Thibodeaux v. Ace American Insurance Co., 127 So.3d 132 (La. App. 3 Cir. 2013) (application of manifest error/deference in fault allocations)
- Clement v. Frey, 666 So.2d 607 (La. 1996) (guides review of percentage allocations in fault cases)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (abuse-of-discretion standard for general damages range)
- Ford v. Bituminous Ins. Co., 115 So.3d 1253 (La. App. 3 Cir. 2013) (inconsistent damage awards between medicals and general damages as abuse of discretion)