Walters v. Lewing

MARVIN, Judge.

In this appeal of a judgment awarding damages arising out of a collision between defendant’s passing vehicle and plaintiff’s left-turning vehicle, two of the three judges of the original appellate panel proposed to reverse the trial court’s finding defendant solely at fault. A dissent by the third judge provoked a reargument before a five-judge appellate panel as required by LSA-Const. Art. 5, § 8b.

On reargument, we affirm the trial court’s finding of fault, amend to reduce the general damage award of $7,500 to $5,000, and, as amended, affirm the judgment.

*409FACTS

The accident…