Alexander v. City of Baton Rouge

739 So. 2d 262, 1999 WL 487036
CourtLouisiana Court of Appeal
DecidedJune 25, 1999
Docket98 CA 1293
StatusPublished
Cited by6 cases

This text of 739 So. 2d 262 (Alexander v. City of Baton Rouge) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. City of Baton Rouge, 739 So. 2d 262, 1999 WL 487036 (La. Ct. App. 1999).

Opinion

739 So.2d 262 (1999)

Marie ALEXANDER
v.
CITY OF BATON ROUGE and Parish of East Baton Rouge.

No. 98 CA 1293.

Court of Appeal of Louisiana, First Circuit.

June 25, 1999.

*264 C. Glenn Westmoreland, Rome and Westmoreland, Livingston, for Plaintiff-Appellee Marle Alexander.

Randy B. Ligh, Baton Rouge, for Defendant-Appellant City of Baton Rouge/Parish of East Baton Rouge.

Before: LeBLANC, FOGG, and PARRO, JJ.

PARRO, J.

The consolidated government of the City of Baton Rouge and Parish of East Baton Rouge (the city/parish) appeals the trial court's award of damages to Marie Alexander, who injured her face and teeth when she walked into a "No Parking" sign in broad daylight. The trial court found that, because of its location, the sign presented an unreasonable risk of harm. Our review of the record convinces us that this finding was manifestly erroneous, and we reverse.

FACTUAL BACKGROUND

On February 1, 1995, Ms. Alexander was walking with her daughter from the Belle of Baton Rouge, where they had gone to pick up an employment application for her daughter. It was about one o'clock in the afternoon on a bright day, and the two were retracing the route they had taken earlier. The sidewalk on the south side of France Street was closed for some construction work, so they were walking in an easterly direction along the north side of the street, proceeding away from the riverboat and toward the parking lot where they had left their car. To get to that lot, they had to cross France Street, and they were heading for a crosswalk that was clearly marked with "zebra" striping.

The sidewalk and street in this historic "Catfish Town" section of Baton Rouge are constructed of brick pavers to resemble cobblestone, so the surface is not completely smooth. The sidewalk is about seven and one-half feet wide, and on the north side of France Street, there is no curb between the sidewalk and the street. Instead, the sidewalk is separated from the street by a series of four-inch by four-inch wooden posts, each about thirty inches high, set about five feet apart along the length of France Street. At several intervals, in place of these short posts, there are taller posts about ninety inches high, on which traffic signs are mounted. One of these posts, with a "No Parking Any Time" sign affixed to it, was located right at the west edge of the crosswalk. The sign was twelve inches wide, so it protruded from either side of the post about four inches.[1] The bottom of the sign was at a height of fifty-seven and three quarter inches from the pavers.

Ms. Alexander testified that she and her daughter were walking near the center of the sidewalk. She was keeping her head down, watching where she put her feet, so she would not trip on the uneven sidewalk surface. As they approached the crosswalk, they had to move together and to their right, closer to the street, to avoid a group of oncoming pedestrians heading toward the riverboat. At this moment, Ms. Alexander saw the taller post on her right and reached out her hand to steady herself on the post as she turned onto the crosswalk. Ms. Alexander said, "[A]nd I was a step into the sign when I saw it. Well, I *265 couldn't stop. It was, whammy." She walked right into the back side of the sign, hitting her face.

The impact broke her glasses and cut a gash across the bridge of her nose. She also had a severe nosebleed, which eventually stopped. Ms. Alexander later learned that the blow resulted in a deviated septum. Her mouth was also hurting after the accident, and she feared she had damaged a tooth implant that had just been in place about a week. In fact, when she visited her dentist, he determined that she had broken both eyeteeth. When the accident occurred, she was wearing a partial bridge in place of her two front teeth; this temporary "flipper" was attached to the eyeteeth, and was broken in three pieces when she hit the sign. Because of the damage to her eyeteeth, extensive additional dental work was necessary and at the time of trial, she was still having problems with her teeth and the additional bridge work.

Michael Joseph Frenzel, a safety expert, stated on behalf of Ms. Alexander that the traffic sign was obviously too low, such that it would be an obstruction to normal pedestrian passage. He referred to the Uniform Traffic Control Devices Manual, which stated that in business, commercial, and residential districts where parking and/or pedestrian movement is likely to occur, the clearance to the bottom of any traffic control sign should be at least seven feet. Mr. Frenzel said the risk was increased because of this sign's placement on the edge of the crosswalk, where pedestrians would be funneled in that direction to cross the street, and where their attention would be diverted by looking for traffic. He also noted that the slightly uneven sidewalk and street, although not rough, might also be a distraction for pedestrians. Mr. Frenzel showed the court photographs of other signs in the area mounted on similar posts; one of these was attached somewhat higher and the other had two signs, one affixed to the wooden post at the same level as the sign at issue, and another mounted above the wooden post on a metal extension post. He explained that these photographs demonstrated that the sign could have been mounted higher. However, he admitted that, based on her testimony, Ms. Alexander must have walked by one or more of these signs on her way to and from the riverboat. Because it was open and obvious, with no obstructions to conceal it, she clearly should have seen the sign that she walked into. He said, "You could see it. It's visible, it's not hidden, it's there, and it can be seen.... In hindsight, she should have seen it; she did not."

Charles Booksh, who was walking three or four yards behind Ms. Alexander and her daughter when the accident occurred, said it was about midday on a bright, clear day and it had not been raining. There were no visual or side obstructions that prevented him from seeing the post or the sign; it was apparent to him. He recalled that Ms. Alexander might have been chatting with her daughter just before she ran into the sign.

Dwight Fox, the chief traffic engineer for the city/parish, testified as an expert in the field of traffic engineering. He recalled that between the river road and the post Ms. Alexander ran into, there are three similar tall wooden posts with signs affixed to them at approximately the same height as the sign she hit. Mr. Fox said there was no reason why a pedestrian would not be able to see the sign, because it was in clear view, with no obstructions that would prevent anyone from seeing it. He also testified that, before this accident, his office had not received any complaints about the location or placement of the sign; this incident was the only complaint involving this sign. He said that, as narrow as the sign is, mounted on that type of post, he would not consider it to be a hazard. However, Mr. Fox admitted that, because the sign is mounted lower than the minimum prescribed by the Uniform *266 Traffic Control Devices Manual, it does violate that standard.

In oral reasons, the trial court stated:

At first blush, this seems like a fairly obvious case where someone running into a sign, you question how that you (sic) can happen if they are watching where they're going. But in this case, in this particular location, I find that this is an unreasonably dangerous condition, primarily because of the location of this sign at the crosswalk. ... [A]ctually the crosswalk begins, for people walking in the direction that Mrs.

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Cite This Page — Counsel Stack

Bluebook (online)
739 So. 2d 262, 1999 WL 487036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-city-of-baton-rouge-lactapp-1999.