Legal Opinion

Thibodeaux v. Ace American Insurance Co.

Louisiana Court of Appeal

Decided November 27, 2013No. 13-577PublishedCited by 8 opinions

1Opinion of the Court

SAUNDERS, Judge.

I,This is an automobile accident case involving a left-turning vehicle striking a passing vehicle established in the passing lane on a two-lane roadway. The jury allocated 53% of the fault to the driver of the passing vehicle and 47% of the fault to the driver of the left-turning vehicle and awarded damages accordingly.

We find the allocation of fault by the jury was erroneous when considering the record before us and the applicable statutes: La.R.S. 32:104, La.R.S. 32:73, and La.R.S. 32:75. We amend the jury’s judgment to allocate 100% of the fault to the driver of the…

2Cases cited19 opinions

  1. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  2. Youn v. Maritime Overseas Corp.Supreme Court of Louisiana · 1993
  3. Watson v. State Farm Fire and Cas. Ins. Co.Supreme Court of Louisiana · 1985
  4. Sistler v. Liberty Mut. Ins. Co.Supreme Court of Louisiana · 1990
  5. Housley v. CeriseSupreme Court of Louisiana · 1991

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3Cited by8 opinions

  1. Burtner v. Lafayette Parish Consolidated GovernmentLouisiana Court of Appeal · 2015
  2. Soileau v. Smith True Value & RentalLouisiana Court of Appeal · 2014
  3. Williams v. Travelers Indemnity Co.Louisiana Court of Appeal · 2015
  4. Courville v. Allstate Insurance Co.Louisiana Court of Appeal · 2017
  5. Latoya Fontenot v. Uv Insurance Risk RetentionLouisiana Court of Appeal · 2021

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