Bar-Tow, Inc. v. Roy's Transport, Inc.

616 So. 2d 203, 1993 La. App. LEXIS 1208, 1993 WL 88152
CourtLouisiana Court of Appeal
DecidedMarch 17, 1993
DocketNo. 92-CA-930
StatusPublished
Cited by1 cases

This text of 616 So. 2d 203 (Bar-Tow, Inc. v. Roy's Transport, Inc.) 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
Bar-Tow, Inc. v. Roy's Transport, Inc., 616 So. 2d 203, 1993 La. App. LEXIS 1208, 1993 WL 88152 (La. Ct. App. 1993).

Opinion

KLIEBERT, Chief Judge.

Bar-Tow, Inc.1 instituted this action against Roy’s Transport, Inc. and Jobbers Oil Transport Company, Inc. (JOTCO), the owner/lessor and lessee, respectively, of a tractor trailer, to recover $6,059.00 allegedly due for the cleanup, towing and subsequent storage of the tractor trailer truck which had wrecked and burned. Following a bench trial, judgment was rendered in favor of Bar-Tow, Inc. for the invoice amount. Their request for attorney’s fees was denied. Only JOTCO appeals.2 We affirm.

At approximately 4:30 A.M. on March 10, 1988, a tractor trailer carrying a load of aviation fuel turned over and burst into flames on the Mississippi River Bridge in St. Charles Parish (Hale Boggs Bridge). The one vehicle accident was investigated by Trooper George McCoy of the Louisiana State Police. Trooper McCoy testified that when he arrived on the scene the truck was totally engulfed in flames. He testified the truck burned until 11:00 A.M. or 12:00 noon, at which time the only thing left of the trailer was the axles and the assembly. However, the tractor itself remained basically intact. At the direction of the State Police, the wreckage was towed and the highway cleared.

Roy Liner of Roy’s Transport, Inc., the owner of the tractor trailer, testified that he was informed of the wreck at about 5:00 A.M. and immediately left for the scene. When he arrived, Gene Leamount of JOT-CO, the tractor trailer’s lessee, and Trooper McCoy were there. Liner, Leamount, and McCoy then discussed the need to call a wrecker service. Neither Leamount nor Liner had a particular service that they wished to use and Liner testified he said to “call somebody.” The record is unclear who Liner told to “call somebody,” however, the State Police called Barry’s Towing, Inc.

Barry Grundmann of Barry’s Towing, Inc. testified the State Police requested he send two heavy duty wreckers to the scene of the accident at their initial call about 5:30 A.M. He dispatched the equipment and met another Barry’s supervisor, Robert Dicene, at the scene just after daybreak. He and Dicene assessed the situation and called out additional equipment.

Grundmann testified there was no discussion with anyone at the scene of an estimate as to how long the truck would burn and testified the cleanup began about an hour or two after the fire burned out.3 The cleanup consisted of removing the rear of the trailer from the road so the front-end loader could scoop up its remains and place it in dump trucks. The two heavy duty wreckers were used to pick up the vehicle and place it on a tractor trailer for [205]*205hauling. Once loaded, the material was transported to Barry’s salvage yard, unloaded and stored.

The material was stored for approximately two and one-half years at Barry’s yard without payment of any amounts due. Grundmann testified, without contradiction by other evidence, that he complied with the mandates of LSA-R.S.32:521,4 et seq. concerning procedures required to allow for recovery of towing and storage fees. He also testified that a bill for services was immediately sent to Roy’s Transport, Inc. and JOTCO. Then, on August 31, 1988, counsel for Bar-Tow, Inc. sent a demand to Roy’s Transport, Inc. and JOTCO, along with a statement for services itemized as follows:

“STATEMENT RECOVERY LULING BRIDGE
(2) Heavy Duty Wreckers 11 hrs. @ 150.00 per hrs. = $3,300.00
(1) Front End Loader 6 hrs. @ 95.00 per hrs. = 570.00
(1) Escort Vehicle 3 hrs. @ 45.00 per hrs.= 135.00
(1) 12 yard Dump Truck 4 hrs. @ 50.00 per hrs. = 200.00
(1) Heavy Duty Tractor and Equipment Traitor 5 hrs. @ 125.00 per hrs.= 625.00
(2) Fire Extinguisher 30.00
(1) Cable Cradle 75.00
Extra Men & Equipment (2) men 6 hrs. @ 20.00 per hrs. = 240.00
TOTAL $4,969.00
STORAGE TO DATE 1,090.00
TOTAL $6,059.00”

Both, Roy’s Transport, Inc. and JOTCO, acknowledged receipt of the demand. Because the amount due was not paid, this lawsuit followed.

Following a trial on the merits, the trial court rendered judgment in favor of Bar-Tow, Inc. and against Roy’s Transport, Inc. and JOTCO jointly and in solido in the full invoice amount of $6,059.00.5 Defendants’ claim that the invoice amount was excessive and should be reduced was denied. Bar-Tow’s request for attorney’s fees was also denied.

Only JOTCO appeals, asserting the following assignments of error:

1. The Trial Court erred in holding JOTCO liable where:
a. Delictual liability was neither' pleaded nor proved;
b. No contract existed between JOT-CO and Bar-Tow, Inc.;
c. No legal basis existed for solidary or joint liability of JOTCO with Roy’s Transport;
d. The requisites for quantum meruit recovery were not satisfied.
2. The Trial Court erred in holding JOTCO liable where Bar-Tow, Inc. did not prove their compliance with then existing towing statutes.
[206]*2063. The Trial Court erred in awarding judgment for the full amount of the Bar-Tow, Inc. bill.
4. The Trial Court erred in awarding interest from the date of judicial demand.

We find no error in the trial court judgment. An accident occurred on the Hale Boggs Bridge. In order to insure continued and safe operation of the highway, the wreckage needed to be removed. As stated in Hopper v. Bills, 255 La. 628, 232 So.2d 296 (1970) 232 So.2d at page 299:

“LSA-R.S. 32:2 empowers the Department of Highways, as an exercise of the police power of the State, to supervise and regulate all traffic on all highways within the State of Louisiana- LSA-R.S. 32:3 recites: ‘The department of public safety shall enforce the provisions of this Chapter and the department’s regulations adopted pursuant thereto on all highways of this state within its jurisdiction and shall exercise such other power and authority as is specifically set forth in this Chapter or other laws of this state.’ ”

LSA-R.S. 32:5 states:

“All law enforcement officers of this state or of any political subdivision thereof invested by law with authority to direct, control, or regulate traffic are authorized to enforce the provisions of this Chapter and regulations of the department and the commissioner adopted pursuant hereto, within their respective territorial jurisdictions, except as otherwise provided by law or this Chapter.”

LSA-R.S. 48:347(C) authorizes the DOTD to remove obstacles or hazards from the highway “... at the expense of the person responsible therefor.”

Thus, notwithstanding the question of whether Roy’s Transport, Inc. and JOT-CO acquiesced in having Barry’s Towing, Inc. remove the wreckage, the State Police clearly had the authority to have the wreckage removed at the expense of the responsible party. The question, then, is who is the responsible party.

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Bluebook (online)
616 So. 2d 203, 1993 La. App. LEXIS 1208, 1993 WL 88152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bar-tow-inc-v-roys-transport-inc-lactapp-1993.