Jeffery P. Croxton v. State of Louisiana, through The Division of Administration

STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT

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STATE OF LOUISIANA, THROUGH THE DIVISION
OF ADMINISTRATION, LOUISIANA COMMISSION
ON LAW ENFORCEMENT AND ADMINISTRATION OF
CRIMINAL JUSTICE AND NATHAN DANIEL WHITE

DEC 2 3 2025
Judgment Rendered:

ON APPEAL FROM THE
19TH JUDICIAL DISTRICT COURT, DIVISION 27
EAST BATON ROUGE PARISH, STATE OF LOUISIANA
DOCKET NUMBER C- 737899

HONORABLE TIFFANY FOXWORTH- ROBERTS, JUDGE PRESIDING

Liz Murrill Attorneys for Defendants -Appellants
Attorney General State of Louisiana, through the
Jeannie C. Prudhomme Division of Administration, and
Assistant Attorney General Nathan Daniel White
Lafayette, Louisiana
and

Adrian K. Alpay
Assistant Attorney General
Baton Rouge, Louisiana

Christopher L. Whittington Attorneys for Plaintiff -Appellee
Robert L. Campbell Jeffrey P. Croxton
Baton Rouge, Louisiana

BEFORE: McCLENDO , C. J., GREENE, and STROMBERG, JJ.

GREENE, J.

In this appeal, a state agency and its former employee challenge a partial summary

judgment against them and in favor of a motorist involved in an automobile collision with

the employee. The appellants also challenge the judgment's award of costs and attorney

fees under La. C.C. P. art. 1472 based on the trial court's finding that the appellants failed

to admit the truth of a request for admission. After the appeal was lodged, the motorist

filed a motion to dismiss the appeal contending the judgment was a non -appealable

interlocutory judgment. After review, we deny the motion to dismiss and affirm the

judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On August 23, 2023, Jeffrey P. Croxton was driving southbound and Nathan Daniel

White was driving northbound on Perkins Road in Baton Rouge, Louisiana. As Mr. White

attempted a left turn from Perkins Road, across Mr. Croxton' s lane of travel, onto Terrace

Avenue, the two vehicles collided. On the date of the accident, Mr. White was employed

as a student worker by the Louisiana Commission on Law Enforcement and Administration

of Criminal Justice ( State) and was driving a State-owned vehicle.'

On September 12, 2023, Mr. Croxton filed a Petition for Damages against the State

and Mr. White ( State Defendants) and also sent discovery requests to them; and on

November 7, 2023, he filed a First Supplemental, Amending, and Restated Petition for

Damages against them. The State Defendants responded to the discovery requests, and

then, on May 10, 2024, filed an Answer.

On May 17, 2024, Mr. Croxton filed a Motion for Partial Summary Judgment with

Request for Costs and Attorney Fees. The State Defendants opposed the motion. After

a hearing, the trial court signed a judgment on October 3, 2024, granting partial summary

judgment in Mr. Croxton' s favor, stating that Mr. White was the sole legal cause of the

August 23, 2023 collision and that the State was vicariously liable for Mr. White' s

negligence; the judgment also ordered that, pursuant to La. C. C. P. art. 1472, the State

Defendants pay Mr. Croxton $ 2, 799. 45 in costs and attorney fees, with interest. The

I In the petitions and answer, the State was identified as " State of Louisiana through the Division of
Administration, Louisiana Commission on Law Enforcement and Administration of Criminal Justice." See
generallyLaR. S. 15: 1201, etseq.

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State Defendants sought this Court's review of the October 3, 2024 judgment via an

application for supervisory writ and via suspensive appeal.

2025, this Court
Regarding the State Defendants' writ application, on May 5,

denied it, under docket number 2024 CW 0181. And, on October 1, 2025, under docket

number 2025 -CC -00701, the Louisiana Supreme Court similarly denied the State

Defendants' writ application seeking review of this Court's writ denial.

Regarding the State Defendants' appeal, on April 4, 2025, Mr. Croxton filed a

Motion to Dismiss Civil Appeal, contending this Court should dismiss the appeal because

the October 3, 2024 judgment was a non -appealable interlocutory judgment. The State

Defendants opposed the dismissal, stating they had filed a motion to certify the judgment

as final on February 7, 2025, in the trial court, and that the motion was set for hearing

in May 2025. 2 On July 28, 2025, another panel of this Court referred Mr. Croxton' s Motion
to Dismiss Civil Appeal to this panel, the panel to which the appeal was assigned.

On August 28, 2025, the trial court signed an Order stating:

Considering the foregoing Motion to Certify Judgment as Final under La. Code Civ. Proc.

Art. 1915(8)(1) and to Vacate Award of Article 1472 Costi and Attorney' s Fees Prior to

Certification:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Plaintiffs Award

of La, Code. Civ. Proc. AA. 1472 costs and attorney' s fees, in the amount of TWO THOUSAND
SEVEN HUNDRED NINETY NINE DOLLARS AND 45 CENTS ($ 2, 799.45) is affiw"" nd-

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IT is TAER ORDERED that the October 3, 2024 Judgment is certified as final,

under the retrospective version of La. Code Civ. Proc. Art 1915( B)( 1), because there is no just

reason for delay an appeal of the Judgment

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2 Although the State Defendants contend they filed their motion to certify the judgment as final on February
7, 2025, the appellate record contains no such motion.

3

On October 9, 2025, this Court's Clerk of Court supplemented the appellate record

with a copy of the August 28, 2025 Order.

DISCUSSION

Motion to Dismiss Appeal

We first address Mr. Croxton' s Motion to Dismiss Civil Appeal. This Court' s

appellate jurisdiction extends to final judgments and to interlocutory judgments when

expressly allowed by law. See La. C. C. P. art. 2083( A) and ( C). A partial grant of summary

judgment, except one granted under La. C. C. P. art 966( E), is a final appealable judgment

under La. C. C. P. art. 1915( A)( 3). However, a partial summary judgment on liability falls

under La. C. C. P. art. 966( E) and is only appealable if the trial court designates it as a final

judgment after an express determination that there is no just reason for delay under

former La. C. C. P. art. 1915( 6). 3 See Simon v. Ferguson, 2018- 0826 ( La. App. 1 Cir.

2/ 28/ 19), 274 So. 3d 10, 13; Lirette v. Adams, 2023- 0377 ( La. App. 4 Cir. 7/ 10/ 24), 400

So. 3d 938, 946.

In this case, that portion of the October 3, 2024 judgment granting Mr. Croxton' s

Motion for Partial Summary Judgment is a partial summary judgment on liability under

La. C. C. P. art. 966( E). In its August 28, 2025 Order, the trial court designated that portion

of the judgment as a final judgment under former La. C. C. P. art. 1915( B). We find no

error in the certification. See Susano v. National Union Fire Insurance Company of

Pittsburgh, PA, 2024- 0320 ( La. App. 1 Cir. 4/ 14/ 25), 409 So. 3d 1103, 1107, writ denied,

2025- 00629 ( La. 9/ 24/ 25), 417 So. 3d 51; Miller v. Shamsnia, 24- 100 ( La. App. 5 Cir.

12/ 23/ 24), 410 So. 3d 897, 902 & 902, n. 8, writ denied, 2025- 00243 ( La. 4/ 29/ 25), 407

So. 3d 621. We also note that, although issued after the appeal was lodged, the trial

court's designation of finality, issued during the pendency of the appeal, cured the

jurisdictional defects in the appeal. See La. C. C. P. art. 2088( A)( 11) ( prior to amendment

3 Effective August 1, 2025, the legislature amended La. C. C. P. art. 1915 to delete Sections ( 13)( 1) and ( 2)
and to revise Section ( C) to pertinently provide: " Except as otherwise provided by law, when a court grants
a . . .summary judgment ... as to one or more but fewer than all of the claims, demands, issues, or
theories by or against a party . . ., that judgment is an interlocutory judgment." 2025 La. Acts No. 250,
3. However, the amendment to La. C. C. P. art. 1915 has prospective application only and does not apply
to appeals and supervisory writs filed prior to August 1, 2025. See 2025 La. Acts No. 250, § 6. The State
Defendants' appeal and supervisory writ application were filed in 2024, so we apply former La. C.C. P. art.
1915 herein.

4

by 2025 La. Acts No. 250, § 3); In re Interdiction of Gambino, 2020-00312 ( La. 6/ 3/ 20),

296 So. 3d 1046 ( per curiam); Cope v, Board ofSupervisors of Louisiana State University

and A& M College, 2025- 0034 ( La. App. 1 Cir. 8/ 4/ 25), 418 So. 3d 1035, 1038, 2025 WL

2206006, * 2, n. 2.

Further, because the Louisiana Supreme Court has now denied the State

Defendants' writ application challenging the trial court's award of costs and attorney fees

under La. C. C. P. art. 1472, our review of the October 3, 2024 judgment as to liability will

also include review of that related interlocutory ruling. See Marshall v, Marshall, 2021-

0607 ( La. App. 1 Cir. 12/ 27/ 21), 340 So. 3d 921, 927. For the above reasons, we deny

Mr. Croxton' s Motion to Dismiss Civil Appeal.

Assignments of Error

We now turn to the merits of the appeal. In two assignments of error, the State

Defendants contend the trial court erred: ( 1) in granting the partial summary judgment,

because there are genuine issues of material fact as to Mr. Croxton' s comparative fault,

and ( 2) in ordering them to pay Mr. Croxton costs and attorney fees under La. C. C. P. art.

1472 for failing to admit the truth of a request for admission.

Partial Summary Judgment as to Liability

In their first assignment of error, the State Defendants contend the trial court

erred in granting the partial summary judgment on liability, because there are genuine

issues of material fact as to Mr. Croxton' s comparative fault.

A party may move for summary judgment for all or part of the relief for which he

has prayed. La. C. C. P. art. 966( A)( 1). The court shall grant the motion if the motion,

memorandum, and supporting documents show that there is no genuine issue as to

material fact and that the mover is entitled to judgment as a matter of law. La. C. C. P.

art. 966( A)( 3). The burden of proof rests with the mover. La. C. C. P. art. 966( D)( 1).

Nevertheless, if the mover will not bear the burden of proof at trial on the issue that is

before the court on the motion for summary judgment, the mover's burden on the motion

does not require him to negate all essential elements of the adverse party's claim, action,

or defense, but rather to point out to the court the absence of factual support for one or

more elements essential to the adverse party's claim, action, or defense. . 1d. The burden

is on the adverse party to produce factual support sufficient to establish the existence of

a genuine issue of material fact or that the mover is not entitled to judgment as a matter

of law. Id. An appellate court reviews the grant or denial of summary judgment de novo

under the same criteria governing the trial court's consideration of whether summary

judgment is appropriate. Wiggins v. Schneider, 2023- 1303 ( La. App. 1 Cir. 9/ 19/ 24), 405

So. 3d 622, 626. Because it is the applicable law that determines materiality, whether a

particular fact in dispute is material can be seen only in light of the substantive law

applicable to the case. Id

Under La. R. S. 32: 122, a motorist at an intersection intending to turn left shall

yield the right of way to all vehicles approaching from the opposite direction that are

within the intersection or so close thereto as to constitute an immediate hazard. A left -

turning motorist has a high degree of care under the law; a left turn is one of the most
dangerous maneuvers a motorist can execute and requires great caution. Dakmak v.

Baton Rouge City Police Department, 2012- 1468 ( La. App. 1 Cir. 9/ 4/ 14), 153 So. 3d 498,

504; Price v. City of Slidell, 1997- 2066 ( La. App. 1 Cir. 9/ 25/ 98), 723 So. 2d 455, 459.

Before attempting a left turn, a motorist should ascertain whether the turn can be safely
completed. Price, 723 So. 2d at 459. An oncoming motorist has a right to assume that

the left -turning motorist will obey the law and will yield the right of way to oncoming

traffic. See Dakmak, 153 So. 3d at 504. A left -turning motorist involved in a collision that

occurs across the center line is burdened with the presumption that he is at fault; to avoid

liability, he must offer evidence to prove that he is free from fault. Id. However, the

favored oncoming driver can also be found at fault if his substandard conduct contributed

to the cause of the collision. Id. For instance, if an oncoming motorist is excessively

speeding in a manner the left -turning motorist could not reasonably anticipate, the

oncoming motorist can be found at fault. See _Td. Or, if a left -turning motorist has

properly signaled and commenced the turn upon a reasonable belief, after observing

approaching traffic, that the turn would not unduly interfere with the progress of the

approaching traffic, and an oncoming motorist fails to observe the reasonably -signaled

left turn intent, and continues to approach without attempting to avoid the collision, then

M

the oncoming motorist can be found at fault. See Id.; Stafford v. Insurance Company of

Pennsylvania, 170 So. 2d 702, 704 ( La. App. 1 Cir. 1964).

In this case, it is undisputed that when he turned left, Mr. White crossed the center

line of Perkins Road and the collision occurred in Mr. Croxton' s lane of travel. Thus, Mr.

White is presumed at fault and the State Defendants' had the burden of proving his

freedom from fault and/ or Mr. Croxton' s contributory fault. Price, 723 So. 2d at 458- 59.

Because the State Defendants would bear this burden at trial, Mr. Croxton' s burden, as

the summary judgment mover, was merely to point out an absence of factual support for
the State Defendants' defense that Mr. White was free from fault or that Mr. Croxton was

also at fault in causing the collision. See La. C. C. P. art. 966( D)( 1). The burden then

shifted to the State Defendants to produce factual support establishing a genuine issue

of material fact or that Mr. Croxton was not entitled to judgment as a matter of law. Id.

In support of his motion for partial summary judgment, Mr. Croxton filed evidence,

which included his own affidavit, the State Defendants' discovery responses and excerpts

from Mr. White's deposition. In his affidavit, Mr. Croxton attested that, on the date of

the collision: he was driving south on Perkins Road at its intersection with Terrace

Avenue; the intersection was controlled by double yellow flashing lights for Perkins Road

traffic and stop signs for Terrace Avenue traffic; and, Mr. White was driving south on

Perkins Road and executed a left-hand turn across Mr. Croxton' s lane of travel, " at which

point the front right portion of the ... vehicle operated by [ Mr.] White impacted the middle

front portion of the truck" operated by Mr. Croxton. In their discovery responses, the

State Defendants were asked to admit that Mr. White executed the left turn as described

above and they responded " Denied as written." In his deposition, Mr. White admitted

that, as he approached the intersection, he saw Mr. Croxton coming. Mr. White did not

recall what specific signals controlled Perkins Road at the Terrace Avenue intersection

but described it as a " four way light." He admitted that, as a left -turning motorist, he

was required to yield, but further stated that he was taught in driving school that

whichever vehicle is there first is the one that goes first when it comes to turning or

driving." He also stated he thought all drivers at a four way light were required to yield

and when he saw Mr. Croxton " further up the street, ... [ he] made the assumption [ Mr.

7

Croxton] was going to yield at the light[,] so [ he] turned left, but [ Mr. Croxton] never

yielded." Mr. White stated that Mr. Croxton should have at least slowed down but did

not.

In opposition to summary judgment, the State Defendants argued there were

genuine issues of material fact as to Mr. Croxton' s comparative fault. On appeal, they

contend there is conflicting evidence as to which driver struck the other and as to whether

red or yellow flashing lights controlled the intersection. They point to his deposition,

wherein Mr. White denied that he hit Mr. Croxton's vehicle and stated that it was Mr.

Croxton who hit his vehicle. They also argue that, in his deposition, Mr. White testified

that he could not recall the specific signal that controlled the " four way light," i.e., he did

not know whether it showed yellow lights or red lights in one or both directions, or if the

signal included lights and stop signs.

After de novo review, we conclude the trial court properly granted summary

judgment in Mr. Croxton' s favor, finding that Mr. White was the sole legal cause of the

accident. First, disputed facts only preclude summary judgment when those facts are

material." See La. C. C. P. art. 966( A)( 3). A " material" fact is one that would matter at

the trial on the merits. Carpenter v. Thomas, 2022- 0872 ( La. App. 1 Cir. 3/ 13/ 23), 362

So. 3d 977, 986. Herein, a dispute as to which motorist hit whom is immaterial, because

this fact does not establish fault and would not matter at trial. It is undisputed that Mr.

White turned left into Mr. Croxton' s lane of travel and the collision occurred in Mr.

Croxton' s lane of travel, giving rise to the presumption that Mr. White was at fault. See

Dakmak, 153 So. 3d at 504. The lone assertion that Mr. Croxton hit Mr. White is

insufficient to rebut that presumption. Under these circumstances, establishing whether

Mr. White struck Mr. Croxton or Mr. Croxton struck Mr. White is immaterial as to their

fault nor does it rebut the presumption that Mr. White was at fault. Accord Tolbert v.

Fireman s Fund insurance Company, 1998- 637 ( La. App. 3 Cir. 10/ 7/ 98), 719 So. 2d 738,

742 ( finding trial court correctly granted partial summary judgment in favor of motorist
due to opponent's failure to produce evidence that there was an issue of material fact

concerning liability).

A

Next, there is no dispute as to the type of signal that controlled the subject

intersection. Mr. Croxton' s affidavit clearly establishes that Perkins Road drivers were

controlled by double yellow flashing lights. Mr. White's inability to remember what the

signal displayed does not create a factual dispute. Nor does it change his duty as a left -

turning motorist to yield to oncoming traffic unless he ascertained that his turn could be
See Dakmak, 153 So. 3d at 504. Further, Mr. White' s mistaken
safely completed.

assumption that Mr. Croxton would yield, his mistaken belief that he could turn if he got

to the intersection first, or his speculative opinion that Mr. White should have slowed his

speed do not create genuine issues of material fact.

Herein, Mr. Croxton' s summary judgment evidence shows that he had the right of

way and the right to assume that Mr. White would obey the law and yield to oncoming
traffic. See Dakmak, 153 So. 3d at 504. The State Defendants presented no proof that

any substandard conduct by Mr. Croxton contributed to the accident. They produced no

proof that Mr. Croxton was speeding as he approached the intersection or of his distance
from the intersection when he saw Mr. White's vehicle. Nor did the State Defendants

produce proof that Mr. White had properly signaled and reasonably commenced his left

turn and that Mr. Croxton saw the left turn signal and unreasonably continued through

the intersection without attempting to avoid the collision. See Id.; see also Pete v. Barron,

2022- 143 ( La. App. 3 Cir. 10/ 12/ 22), 350 So. 3d 1029, 1035, writ denied, 2022- 01641

La. 1/ 18/ 23), 353 So. 3d 727 ( affirming summary judgment in favor of driver who proved

she was not at fault in causing collision and left -turning driver failed to produce evidence

to controvert that showing).

Thus, because the State Defendants have failed to overcome the presumption of

Mr. White's fault, and failed to show a genuine issue of material fact as to Mr. Croxton' s

comparative fault, the trial court did not err in granting partial summary judgment finding

that Mr. White was the sole legal cause of the August 23, 2023 collision. The State

Defendants' first assignment of error is meritless.

Expenses Awarded for Failure to Admit

In their second assignment of error, the State Defendants contend the trial court

erred in awarding Mr. Croxton costs and attorney fees under La. C. C. P. art. 1472 based

9

on its finding that they failed to admit the truth of a request for admission. Further, they
claim La. C. C. P. 1472 expenses are only awardable after a trial. To the contrary, Mr.

Croxton contends the State Defendants unreasonably denied the request for admission,

and the trial court properly assessed them with discovery expenses he incurred, including

those associated with deposing Mr. White, to prove the truth of what he asked the State
Defendants to admit.

Louisiana Code of Civil Procedure article 1472 pertinently provides:

If a party fails to admit the genuineness of ... the truth of any matter as
requested under Article 1466, and if the party requesting the admissions
thereafter proves the ... truth of the matter, he may apply to the court for
an order requiring the other party to pay him the reasonable expenses
incurred in making that proof, including reasonable attorney's fees. The
court shall make the order unless it finds that the request was held
objectionable pursuant to Article 1467, or the admission sought was of no
substantial importance, or the party failing to admit had reasonable ground
to believe that he might prevail on the matter, or there was other good
reason for the failure to admit.

The request for admission at issue herein is Mr. Croxton' s Request for Admission

Number 2, which read:

Admit that on August 23, 2023 in the Parish of East Baton Rouge,
State of Louisiana, Nathan Daniel White was operating a 2018 Ford Fusion
motor vehicle in a northerly direction on Perkins Road near its intersection
with Terrace Avenue when Nathan Daniel White executed a left hand lane
sic) from the north bound lane of travel of Perkins Road across the south
bound lane of travel of Perkins Road when the front portion of the motor
vehicle operated by Nathan Daniel White impacted the front portion of the
truck operated by Jeffrey P. Croxton.

The State Defendants answered " Denied as written" to the above request. On appeal,

they argue the trial court erred in ordering them to pay La. C. C. P. art. 1472 expenses

where Mr. Croxton did not prove the truth of the facts in the request. Further, they argue

they acted reasonably in denying the request, because they had reasonable grounds to

believe that they " could prevail on the disputed issue of [ Mr.] Croxton' s comparative

fault."

The trial court has wide discretion in determining whether to award expenses

based on a party's failure to admit the truth of any matter that is later proved to be

genuine. See Bezou v, 6ezou, 2015- 1879 ( La. App. 1 Cir. 9/ 16/ 16), 203 So. 3d 488, 500,

writ denied, 2016- 1869 ( La. 12/ 5/ 16), 210 So. 3d 814.

10

First, we reject the State Defendants' argument that La. C.C. P. art. 1472 expenses

are only awardable after a trial. The time to seek La. C. C. P. art. 1472 expenses depends

on when the requesting party proves the truth of the matter. 2 La. Prac. Civ. Proc. Article

1472, Plotkin, S., Akin, M. B., Art 1472 —Failure to admit; expenses (2025 ed.). Although

this usually becomes evident during trial, such proof may occur pre- trial. Id. The purpose

of summary judgment is to avoid a full scale trial when there is no genuine issue of
material fact. Jones v. American Alternative Insurance Corporation, 2014-0367 ( La. App.

1 Cir. 1/ 8/ 15), 169 So. 3d 386, 389. And, a partial summary judgment may be granted

on the issue of liability alone, although a genuine issue as to other issues remains to be
decided at trial. Susan, 409 So. 3d at 1107. Thus, if a summary judgment mover is

successful in proving the lack of a genuine issue of material fact that his opponent

unreasonably denied during discovery, the summary judgment mover avoids a trial on
that issue, and he should be able to recover the expenses he incurred in proving the

undisputed truth of what his opponent denied. Herein, on summary judgment, and with

Mr. White' s deposition testimony, Mr. Croxton proved the truth of the facts set forth in

Request for Admission Number 2 — proving such at a trial was not necessary.

Next, we conclude the trial court did not abuse its discretion in concluding the

State Defendants unreasonably denied Request for Admission Number 2 as written and

that Mr. Croxton thereafter proved the truth of facts asserted in the request. As explained

in our earlier discussion, under the circumstances of this case, establishing whether Mr.

White struck Mr. Croxton or Mr. Croxton struck Mr. White is immaterial to establishing

fault nor does it rebut the presumption that Mr. White was at fault. Thus, the State

Defendants unreasonably denied the request, because they unreasonably believed that

who hit whom would allow them to prove Mr. Croxton was comparatively at fault in the

collision. This assignment of error is meritless.

CONCLUSION

For the foregoing reasons, we deny Jeffrey P. Croxton' s Motion to Dismiss Civil
Appeal and affirm the October 3, 2024 judgment. We assess costs of this appeal in the

11

amount of $ 2, 149. 00 to the Louisiana Commission on Law Enforcement and

Administration of Criminal Justice.

MOTION TO DISMISS APPEAL DENIED; JUDGMENT AFFIRMED.

12

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

I

2025 CA 0202

VERSUS

STATE OF LOUISIANA, THROUGH THE DIVISION
OF ADMINISTRATION, LOUISIANA COMMISSION
ON LAW ENFORCEMENT AND ADMINISTRATION OF
CRIMINAL JUSTICE AND NATHAN DANIEL WHITE

McClendon, C. J., dissenting.

While the majority finds that appellate jurisdiction has attached, I question

whether the trial court had authority to certify the judgment on appeal as final under

Louisiana Code of Civil Procedure article 1915( 6), as amended by 2025 La. Acts. No. 250,

3, which became effective on August 1, 2025. 1

Nevertheless, notwithstanding the jurisdictional issues, I find that genuine issues

of material fact remain as to liability. Accordingly, I would reverse the grant of Mr.

Croxton' s motion for partial summary judgment and the grant of Mr. Croxton's request

for attorney's fees and costs. While I recognize the presumption of negligence attributed

to a left -turning motorist, a favored motorist can still be assessed with comparative fault

if his substandard conduct contributed to the cause of the accident. Baker v. State

Farm Mutual Auto. Ins. Co., 49, 468 ( La. App. 2 Cir. 1/ 21/ 15), 162 So. 3d 405, 410, and

Terro v. Casualty Reciprocal Exch., 93- 593 ( La. App. 3 Cir. 2/ 2/ 94), 631 So. 2d 651,

writ denied, 94- 0522 ( La. 4/ 22/ 94), 637 So. 2d 157. A motorist has a duty to maintain a

proper lookout for hazards which, by the use of ordinary care and observation, he would

It is unclear whether the amended version of LSA- C. C. P. art. 1915( B), which is admittedly inapplicable
to appeals filed prior to August 1, 2025, allows a judgment to be certified after August 1, 2025. Said
provision could be interpreted to merely maintain appeals already certified and pending as of the Act's
effective date.

be able to see in time to avoid running into them. Orillion v. Carter, 93- 1190 ( La. App. 1

Cir. 1/ 24/ 94), 639 So. 2d 461, 466, writs denied, 94- 2289, 94- 2272 ( La. 11/ 18/ 94), 646

So. 2d 384, 650 So. 2d 240.

In this regard, Mr. White testified that Mr. Croxton " had an opportunity to yield"

when Mr. White turned left. In addition, according to Mr. White, his vehicle was half way

across the south bound lane of travel when he was struck by Mr. Croxton' s vehicle.

Considering the foregoing testimony, I would find genuine issues remain as to whether

Mr. Croxton bore any percentage of fault for the accident.

Therefore, I respectfully dissent.

N