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Leonard v. Lee

Court of Appeals of Louisiana, Second Circuit

April 29, 2015

LATOYA LEONARD, Plaintiff-Appellant
v.
JAMES LEE, AND HIS INSURER USAGENCIES CASUALTY INSURANCE COMPANY, JOINTLY AND INSOLIDO, Defendant-Appellee

Page 1084

Appealed from the Shreveport City Court for the Parish of Caddo, Louisiana. Trial Court No. 2013R04668. Honorable R. Lee Irvin, Judge.

DAVIS LAW OFFICE, LLC, By: S. P. Davis, Sr., Counsel for Appellant.

NEAL LAW FIRM, By: Mark Jeffrey Neal, Counsel for Appellee.

Before STEWART, DREW and LOLLEY, JJ.

OPINION

Page 1085

[49,669 La.App. 2 Cir. 1] DREW, J.

LaToya Leonard seeks damages from James Lee and his insurer, USAgencies Casualty Insurance Company, for injuries sustained when their vehicles collided at the intersection of Kings Highway (" Kings" ) and Hearne Avenue (" Hearne" ) in Shreveport. At issue is whether the trial court correctly assessed Leonard with 100% of the fault for failure to yield during her left turn. Based upon our review of this sparse record,[1] we conclude that the negligence of both parties caused this minor accident.

FACTS AND TRIAL COURT'S RULING

On October 26, 2012, at approximately 8:00 p.m., plaintiff, LaToya Leonard, was driving a 2007 Nissan Altima west on Kings. She stopped at the traffic light at the intersection of Kings and Hearne. Other vehicles stopped behind her.

Driving east in a 1995 Ford truck on Kings, Lee approached the same intersection, but from the opposite direction. Leonard saw Lee's truck several car lengths to the west as the truck began its approach towards her.

When the light changed,[2] Leonard first delayed her turn. When drivers behind her began honking, however, she honked back, and turned left (south) onto Hearne.

Page 1086

The left portion of Lee's front bumper collided with the back passenger side door of Leonard's car, as each ...


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