Barnes v. Liberty Mut. Ins. Co.

350 So. 2d 288
CourtLouisiana Court of Appeal
DecidedNovember 23, 1977
Docket6101
StatusPublished
Cited by13 cases

This text of 350 So. 2d 288 (Barnes v. Liberty Mut. Ins. Co.) 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
Barnes v. Liberty Mut. Ins. Co., 350 So. 2d 288 (La. Ct. App. 1977).

Opinion

350 So.2d 288 (1977)

Leanna Mathews BARNES et al., Plaintiffs and Appellants and Appellees, and
Mary Ann Dunbar Wilkerson et al.
v.
LIBERTY MUTUAL INSURANCE COMPANY et al., Defendants and Appellees and Appellants.

No. 6101.

Court of Appeal of Louisiana, Third Circuit.

September 20, 1977.
Rehearings Denied October 11, 1977.
Writs Refused November 23, 1977.

*289 William J. Doran, Jr., Baton Rouge, for defendants and appellees and appellants.

Neblett & Fuhrer by Robert B. Neblett, Jr., Daniel E. Broussard, Jr., Alexandria, for plaintiffs and appellants and appellees, Obie Mae Jefferson and Dorothy Mae Wilkerson.

Sandoz, Sandoz & Schiff by Leslie J. Schiff, Opelousas, for plaintiffs and appellants and appellees, Leanee Mathews Barnes et al.

James A. Bolen, Jr., Alexandria, for defendants and appellees and appellants, Prassel Enterprises.

Reeves, Lossen & Owens by R. R. Reeves, Jr., and Jack F. Owens, Jr., Harrisonburg, for plaintiffs and appellants and appellees.

Before CULPEPPER, GUIDRY and FORET, JJ.

CULPEPPER, Judge.

This is a companion case to Jefferson et al. v. Liberty Mutual Company et al., La. App., 350 So.2d 294, in which a separate opinion is being rendered today.

These cases involve wrongful death actions brought by the survivors of four men killed when the pickup in which they were riding collided with a tractor-trailer unit on the Old River Bridge on U.S. 84 in LaSalle Parish.

Plaintiffs in the present case are the widows and surviving children of Willie Y. Barnes and George A. Wilkerson. Plaintiffs in the companion case are the widows and surviving children of Jett Riley Jefferson and George Wilkerson.

Named as defendants are: Anderson Allen, Jr., the driver of the tractor-trailer; Prassel Enterprises, Inc., Allen's employer and owner of the tractor-trailer; Liberty Mutual Insurance Company, the insurer of Prassel and Allen; and the State of Louisiana, through its Department of Highways. Liberty Mutual and its insured filed a third party demand against the Department of Highways for indemnity and/or contribution. The Department of Highways also brought a third party demand against Mutual and its insured.

The trial court rendered judgment in favor of the plaintiffs against only the Department of Highways. The other defendants were exonerated from liability. Plaintiffs and the Highway Department filed *290 motions for a new trial. After learning that technical difficulties prevented portions of the testimony in the original trial from being transcribed, the trial judge granted a new trial. The new trial was limited to the taking of testimony of the witnesses whose earlier testimony could not be transcribed. At the retrial, the trial judge reaffirmed his earlier judgment. Plaintiffs and the Highway Department appealed.

Plaintiffs ask that the trial court judgment be affirmed with regard to the Highway Department but reversed with regard to Prassel Industries, Inc., Anderson Allen, Jr. and Liberty Mutual, whom they feel should be cast with the State of Louisiana for damages. Plaintiffs also ask for an increase in damages awarded.

The Highway Department in its appeal asks for a reversal of the trial court judgment which dismissed the claims against Anderson Allen, Jr., Prassel Enterprises, Inc., and Liberty Mutual and found only the Highway Department liable. The Highway Department also argues the trial court erred in the amount of damages awarded and asks that this amount be reduced.

ISSUES

The substantial issues on appeal are: (1) Was the Department of Highways negligent as to the inspection and maintenance of the surface of the Old River Bridge? (2) Was Anderson Allen, Jr., the truckdriver, guilty of negligence which was a legal cause of the accident? (3) Are the awards excessive or inadequate?

GENERAL FACTS

The decedents were killed when the pickup in which they were riding, and which was owned and operated by George Wilkerson, collided with the tractor-trailer owned by Prassel and driven by Allen. The collision occurred shortly after 4:00 p. m. on August 17, 1973 as the vehicles were crossing the Old River Bridge on U. S. Highway 84, approximately 6½ miles east of Jena, Louisiana. It had rained intermittently that afternoon and the roadway was wet. The bridge is on a straight section of the highway and visibility is not impaired.

U. S. Highway 84 is a two-lane highway going east and west. At the time of the accident, the Wilkerson vehicle was proceeding east across the 1,000 foot long bridge, and the Prassel truck was going west. The collision occurred in the east bound lane, the proper lane of travel for the pickup. On impact, the pickup was knocked backwards approximately 125 feet, and the tractor-trailer continued to the west for a distance of about 220 feet. The tractor spun around and came to rest on the south bridge railing heading east. The trailer, which had broken loose from the tractor, headed into the north bridge railing and stopped.

There is no issue of contributory negligence on the part of George Wilkerson.

It was established that the tractor-trailer driven by Allen hit the right bridge railing after traveling only 65 feet on this 1,000-foot long bridge. The truck continued out of control sliding from one side of the roadway to the other as it progressed across the bridge. It finally crashed into the Wilkerson pickup 715 feet further, near the west end of the bridge.

Testimony pertaining to the characteristics of the bridge's surface when wet was presented by several expert witnesses, the eyewitnesses to the accident and others who had traveled over the bridge when it was wet. The trial court concluded:

". . . the bridge involved was extraordinarily hazardous when wet and that more probably than not there was no chance that Anderson Allen could have taken successful evasive action."

Testimony revealed that the road surface had been resealed in November of 1972. At that time cationic asphalt was put down and then covered by light weight aggregate. A manual published by the State Department of Highways, prescribing certain criteria for various work projects, required that such materials not be applied during November, December, January or February unless approved in writing by the *291 chief engineer. This was due to problems which can develop if the materials are used when the air temperature is less than 60 degrees. If such approval is given, a follow-up inspection would be required several months later. The record reflects no such approval or inspection. Some of the testimony indicated that a slippery condition is one of the possible results of application under improper conditions. While there was no express finding by the trial judge that this was the reason for the slippery condition of the bridge, the judge did find that the bridge was extraordinarily slippery at the time of this accident. To reach this conclusion the trial court evaluated the testimony of numerous witnesses, including the contradictory testimony of two experts, Professor Barnwell, a witness for Liberty Mutual, and Dr. Tonn, a witness for the Highway Department. The judge was convinced by Professor Barnwell, whom he felt did more direct and extensive investigation of the accident than Dr. Tonn, and whose explanation was more in accord with the testimony of the only uninvolved eyewitness, a lady who was following the truck, and most of the other witnesses. The court also held that this dangerous defect was in fact the sole legal cause of the accident.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Highlands Ins. Co. v. Missouri Pacific RR Co.
532 So. 2d 317 (Louisiana Court of Appeal, 1988)
Melder v. State, Through Dept. of Highways
512 So. 2d 546 (Louisiana Court of Appeal, 1987)
Howell v. State, Department of Transportation
467 So. 2d 629 (Louisiana Court of Appeal, 1985)
Carpenter v. Travelers Ins. Co.
402 So. 2d 282 (Louisiana Court of Appeal, 1981)
Bernard v. Kansas City Southern Railway Co.
401 So. 2d 567 (Louisiana Court of Appeal, 1981)
State Farm Mut. Auto. Ins. Co. v. Slaydon
376 So. 2d 97 (Supreme Court of Louisiana, 1979)
Hebert v. Missouri PR Co.
366 So. 2d 608 (Louisiana Court of Appeal, 1979)
Wilson v. State, Through Dept. of Highways
364 So. 2d 1313 (Louisiana Court of Appeal, 1979)
Anding v. Southwestern Ins. Co.
358 So. 2d 690 (Louisiana Court of Appeal, 1978)
Barnes v. Liberty Mutual Insurance Co.
352 So. 2d 238 (Supreme Court of Louisiana, 1977)
Jefferson v. Liberty Mutual Insurance
350 So. 2d 294 (Louisiana Court of Appeal, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
350 So. 2d 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-liberty-mut-ins-co-lactapp-1977.