240 So. 3d 1010
La. Ct. App.2018Background
- Two-vehicle collision on Nov. 5, 2014 at ~5:30 p.m. where I-10 eastbound exit ramp merges into right eastbound lane of Chef Menteur Hwy in New Orleans.
- Gaines (plaintiff) driving a rental Kia Soul coming off the I-10 exit ramp; Wilson (defendant) had completed a U-turn and entered the right eastbound lane toward her home. Both drivers are elderly and familiar with the area.
- Gaines testified she looked and saw no traffic before merging and did not recall a yield sign; she first saw Wilson only at impact. Gaines’ vehicle struck Wilson on Wilson’s right passenger side. Gaines alleged Wilson improperly changed lanes.
- Wilson testified she remained in the right eastbound lane from the U-turn until impact, and that a large yield sign faced ramp traffic; she said Gaines failed to yield.
- Trial court (bench trial) credited Wilson’s testimony about the yield sign and found Gaines solely at fault for failing to yield; judgment dismissed Gaines’ suit. Gaines appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who caused the collision (improper lane change vs. failure to yield) | Wilson changed lanes improperly after Gaines had merged; Wilson therefore solely at fault | Gaines failed to yield at the I-10 ramp; Wilson remained in her lane and was not at fault | Trial court credited Wilson; affirmed that Gaines solely at fault for failing to yield |
| Standard of review for factual findings | N/A (argues record lacks reasonable basis for trial court finding) | N/A (defendant urges deference to trial court credibility findings) | Manifest error standard controls; appellate court defers to trial court and found no manifest error |
Key Cases Cited
- Watson v. Hicks, 172 So.3d 655 (La. App. 4th Cir.) (manifest error standard governs factual findings)
- Zito v. Advanced Emergency Med. Servs., Inc., 89 So.3d 372 (La. 2012) (documents or objective evidence can overcome credibility-based findings)
- Bonin v. Ferrellgas, Inc., 877 So.2d 89 (La. 2004) (appellate review test for manifest error)
- Stobart v. State through Dep't of Transp. & Dev., 617 So.2d 880 (La. 1993) (factfinder’s credibility determinations entitled to deference)
- Menard v. Lafayette Ins. Co., 31 So.3d 996 (La. 2010) (rare to find manifest error where opposing factual views exist)
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (when witness story is internally inconsistent, appellate court may overturn credibility findings)