Devin Barfield v. Brandon Akins and Safeway Insurance Company of Louisiana
342 So.3d 1169
La. Ct. App.2022Background
- On Aug. 4, 2019, Akins followed an erratically‑driving, unknown motorist on Hwy 165; after 30–60 seconds he attempted to pass on the right.
- As Akins drew even, the unknown motorist swerved into Akins’s lane; Akins drove off the road and struck a dumpster, injuring passenger Barfield.
- Barfield sued Akins and Akins’s insurer, Safeway; at trial only Akins and Barfield testified and the facts were undisputed.
- The trial court rejected Akins’s invocation of the sudden‑emergency defense, found Akins failed to observe the dumpster and that the accident was avoidable, and assigned Akins 100% fault. Barfield was awarded damages.
- Akins and Safeway appealed, arguing the unknown driver caused the emergency and that comparative fault should allocate blame to that driver; the appellate court affirmed the trial judgment.
Issues
| Issue | Barfield's Argument | Akins/Safeway's Argument | Held |
|---|---|---|---|
| Whether the sudden‑emergency doctrine absolves Akins | Sudden‑emergency does not apply; Akins negligently chose to pass and failed to observe hazard | Sudden‑emergency excused Akins because the unknown driver’s sudden swerve made collision unavoidable | Court: sudden‑emergency inapplicable; Akins had opportunity to avoid the risk and is at fault |
| Whether fault should be apportioned to the unknown driver under comparative fault | Trial court correctly assigned full fault to Akins | Unknown driver was the proximate cause and should bear fault (or the majority of it) | Court: declined to assess any fault to unknown driver; affirmed 100% fault to Akins |
Key Cases Cited
- Cole v. State Dep’t of Pub. Safety & Corr., 825 So. 2d 1134 (La. 2002) (appellate manifest‑error standard for factual findings)
- Stobart v. State through Dep’t of Transp. & Dev., 617 So. 2d 880 (La. 1993) (trial court’s credibility and fact choices are entitled to deference)
- King v. State Farm Ins. Co., 104 So. 3d 33 (La. App. 2 Cir. 2012) (sudden‑emergency doctrine applies only if not brought about by actor’s own negligence)
- Ebarb v. Matlock, 69 So. 3d 516 (La. App. 2 Cir. 2011) (sudden‑emergency doctrine does not lower pre‑existing duty of care)
- Fowler v. Roberts, 556 So. 2d 1 (La. 1990) (elements of negligence defined)
- Watson v. State Farm Fire & Cas. Ins. Co., 469 So. 2d 967 (La. 1985) (factors for apportioning fault)
- Hankton v. State, 315 So. 3d 1278 (La. 2020) (appellate guidance on reassessing allocation of fault)