APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 754-678, DIVISION
"O" HONORABLE DANYELLE M. TAYLOR, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, NORMAN BONCK William R.
COUNSEL FOR DEFENDANT/APPELLEE, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY AND LINDA M. CROCKEM Sandra K. Cosby
COUNSEL FOR DEFENDANT/APPELLEE, ALLSTATE INSURANCE COMPANY
James A. Stapp
composed of Judges Susan M. Chehardy, Stephen J. Windhorst,
and John J. Molaison, Jr.
STEPHEN J. WINDHORST JUDGE.
Norman Bonck, appeals the trial court's May 7, 2018
judgment in favor of appellees/defendants, Linda Crockem,
State Farm Mutual Automobile Insurance Company, and Allstate
Insurance Company, dismissing appellant's claims with
prejudice. For the reasons that follow, we affirm.
and Procedural History
October 23, 2014, after exiting the Wal-Mart located on
Loyola Drive, appellant was allegedly waiting in the median
to turn left (southbound) when he was struck by Ms.
Crockem's vehicle, which was traveling in the left
southbound lane on Loyola Drive. As a result, appellant
allegedly sustained injuries. On October 20, 2015, appellant
filed a petition for damages against Ms. Crockem and her
insurer, State Farm. In a supplemental petition for damages,
appellant added his underinsured motorist insurer, Allstate,
as an additional defendant. On April 5, 2018, the matter
proceeded to a judge trial.
trial, appellant testified that on October 23, 2014, at
approximately "6:30, 6:45-ish" P.M,  he was leaving
the Wal-Mart on Loyola Drive and heading home. Upon exiting
the parking lot, he crossed the three northbound lanes and
stopped in the median where he was waiting to turn left onto
the southbound lane of Loyola Drive. There were three
southbound lanes at this intersection, the far left lane
being the left turn lane. He testified that he
"[c]hecked the main lanes of travel going southbound,
and as I was crossing I heard (sound) noise that startled me.
I looked back to the right as I heard that noise and boom,
the accident happened. I was looking straight into Miss
Crockem's eyes." Appellant testified that at the
point of impact, he was stopped in the median and his vehicle
was "[p]erfectly straight, perpendicular" with the
intersection, but conceded he was not looking in the
direction that the traffic was coming, including the turning
lane. He testified that his foot was on the brake when Ms.
Crockem's vehicle struck his vehicle. In support of his
testimony, appellant submitted into evidence video
surveillance of the accident.
Crockem testified that the night of the accident she was
traveling on Loyola Drive going to Subway, which is about a
block further up the road from Wal-Mart. It was dark outside
and she was in the left lane closest to the median, but she
was not in the left turn lane. Ms. Crockem testified that she
did not see the accident occur, she only remembers that
appellant ran up to her vehicle afterwards and said
"Miss, Miss, are you all right? I'm so sorry.
I'm so sorry. I didn't see you." At that point,
she looked back and saw appellant's vehicle. She
testified that her vehicle was damaged from the driver's