Johnson v. City of Shreveport
56 So. 3d 1059
La. Ct. App.2010Background
- Plaintiffs Shakeya Johnson and Shirley Johnson appeal a judgment finding Shakeya liable for an automobile collision and dismissing all claims against City of Shreveport, Shreveport Police Department, Chief Henry Whitehorn, and Officer Jeffrey Couch.
- The accident occurred July 4, 2007, at midnight at Creswell Ave and Marshall St in Shreveport, with Shakeya driving a minivan and Couch in a police vehicle.
- Shakeya traveled east on Creswell at a flashing red signal; Couch traveled south on Marshall at a flashing yellow signal.
- The front of Shakeya’s minivan collided with the passenger side of Couch’s police vehicle; Shakeya claimed Couch was at fault.
- The trial court granted judgment in favor of the defendants, finding Shakeya disregarded the red signal; plaintiffs appealed asserting trial court erred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the trial court's fault finding manifestly erroneous? | Shakeya argues the court erred in finding negligence. | Defendants contend the evidence supports Shakeya ran the red signal. | No manifest error; credibility findings sustained. |
| Did Shakeya unlawfully enter the intersection? | Shakeya asserts lawful entry; trial court erred. | Defendants argue entry violated the signal. | Trial court’s conclusion reasonable; entry was not clearly incorrect. |
| What is the standard of review for credibility and fact-finding? | Appellant challenges factual credibility determinations. | Appellee asserts deference to trial court’s credibility determinations. | Appellate court defers to trial court absent manifest error. |
Key Cases Cited
- Touchard v. Slemco Elec. Foundation, 769 So.2d 1200 (La. 2000) (review of fact-finder’s credibility and manifest-error standard on appeal)
- Menard v. Lafayette Ins. Co., 31 So.3d 996 (La. 2010) (standard for appellate review of reasonable inferences from evidence)
- Belin v. Dugdale, 43 So.3d 272 (La.App.2d Cir. 2010) (deference to trial court credibility determinations; sufficiency of evidence)
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (authority on reviewing conflicting testimony and credibility)