Ernest L. Dalton, Individually and In His Capacity As Natural Tutor of His Minor Son, Jonathan Dalton, and Wanda Dalton VS Willie Brown, Gladys K. Brown, Continental Insurance Company and State Farm Insurance Company
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 0850 ERNEST L DALTON INDIVIDUALLY AND IN HIS CAPACITY AS NATURAL TUTOR OF HIS MINOR SON JONATHAN DALTON AND WANDA R DALTON VERSUS WILLIE BROWN GLADYS K BROWN CONTINENTAL INSURANCE COMPANY AND STATE FARM INSURANCE Judgment Rendered Appealed December 21 2007 from the 19th Judicial District Court In and for the Parish of East Baton Rouge Louisiana Case No 491 102 The Honorable William A Morvant Jerome Joseph Harris Otha Curtis Nelson Baton Rouge Sr Judge Presiding Counsel for Plaintiff Appellant Jonathan Dalton Louisiana Dora M Abadie Counsel for Defendants Baton Willie Brown Rouge Louisiana Gladys Appellees K Brown and Continental Insurance Company Brad J Brumfield Counsel for Defendant Continental Insurance Appellee Company Jamie M Bankston Counsel for Defendant Appellee Baton Kelvin Brown Sr and GEICO Baton Rouge Rouge Louisiana Louisiana General Insurance Company BEFORE GAIDRY McDONALD AND McCLENDON JJ GAIDRY J SUMMARY DISPOSITION This is an action for vehicle accident of plaintiff Jonathan Kelvin Brown damages for personal injury arising from January Dalton 5 was Jr and owned Willie Brown and 2001 a in East Baton passenger in and on behalf of their supplemental petitions Browns they named Continental Company Kelvin Brown Automobile Insurance Sandra Brown minor as liability State Company insurer and the liability s Sr s Brown plaintiffs asselied alternate liability and either Kelvin Brown Jr or the plaintiffs had compromised prior Jonathan Dalton all a defendants appeals on the negligence of Kelvin an The to their Jr insurer UIM original GEICO Continental General Insurance and State Farm Mutual insurer Fann the Sr and Sandra Brown in plaintiffs its own dual capacities DIM insurer as The DIM claims based upon the fault of driver with whom the instituting this litigation judgment dismissing The and the underinsured plaintiff all claims grounds that the plaintiffs failed Jr Ernest L defendants the Browns other involved adverse Brown operated by plaintiffs Through Kelvin Brown biological parents of Kelvin Company The seeking damages individually liability and underinsured motorists Insurance the Jonathan then son Rouge Parish by his grandparents and legal guardians Dalton and Wanda Dalton initiated this action and motor automobile an K Brown the Browns Gladys a to status against prove the of the other driver The plaintiff initially contends that the trial court permitting the investigating State Police trooper testimony on whether he the to committed 2 motor in give lay opinion speed of the vehicle operated by Kelvin committed any violations of en or vehicle Brown statutes Jr and We conclude that any rational lay opinion testimony of the facts and perceptions court did not accord such 05 0885 pp 8 9 App La The issue of the driver both or was a plaintiffs based The regarding insurer we express find plaintiffs other driver available s no 06 manifest answers 928 So 2d 599 by the trial error combined However the coverage the plaintiffs status failed to writ denied 567 So 2d 1129 La We affirm disposition the App are 1990 3rd Cir 11 17 04 judgment of the trial Leday v 536 stipulation liability liability s establish the court 4 through 5 Appeal 6 3 proof to App Ins Co 5th of 1090 this 7 summary and 8 of All costs of this plaintiff appellant Jonathan Dalton AFFIRMED La Safeway 888 So 2d 1084 in accordance with Rules 2 16 2 A assessed to the our under those coverages 563 So 2d 533 the Uniform Rules of the Louisiana Comis of appeal trial sufficient to either shift the burden of Co La the based upon the absence of any other Nat l Fire Ins 04 610 p 8 to Based upon adequately v La adversely of that insurer amount See Cir Brown Jr the other the to prove entitlement to recovery Cabral 603 4 comi with or g LeBlanc v in that determination the UIM insurers e See State weight s and that the trial settlement with the other driver and her underinsured liability 10 2 evidence credibility determination sufficiently established coverage limits any undue fact issue resolved defendants the 1st Cir physical based upon the trooper respective negligence of Kelvin an upon review of the record opinions was
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