Beeson v. State ex rel. Department of Transportation & Development

400 So. 2d 278, 1981 La. App. LEXIS 4070
CourtLouisiana Court of Appeal
DecidedMay 27, 1981
DocketNo. 8188
StatusPublished
Cited by7 cases

This text of 400 So. 2d 278 (Beeson v. State ex rel. Department of Transportation & Development) 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
Beeson v. State ex rel. Department of Transportation & Development, 400 So. 2d 278, 1981 La. App. LEXIS 4070 (La. Ct. App. 1981).

Opinion

CUTRER, Judge.

This is a companion case to the cases of Gates Carlisle, Jr. v. State of Louisiana, through the Department of Transportation and Development, 400 So.2d 284 (La.App. 3rd Cir. 1981), and United States Fidelity & Guaranty Company v. State of Louisiana, through the Department of Transportation and Development, 400 So.2d 287 (La.App. 3rd Cir. 1981). We render separate decisions in each case this date.

These three suits arise out of a collision in the town of Florien, Louisiana, between an automobile being driven by Ollie Beeson and a large truck being driven by Douglas Howard.

Shortly after dark on March 14, 1977, Ollie Beeson was driving west along Louisiana Highway 118 approaching U. S. Highway 171. She was employed by Central Louisiana State Life Insurance Company as an insurance sales person. Gates Carlisle, her immediate supervisor, was a passenger in her car. U. S. 171 is a major highway running north and south and Louisiana 118 runs roughly east from U. S. 171. The two highways thus form a “T” intersection, but are not exactly perpendicular. Louisiana 118 intersects U. S. 171 at an angle. Traffic on Louisiana 118 is controlled by a stop sign which required Mrs. Beeson to stop at this intersection. Mrs. Beeson drove into the intersection, failing to yield to the large truck which was traveling north. The truck struck the left front of Mrs. Beeson’s vehicle. It is undisputed that Howard had the right of way and that he was unable to avoid the accident.

Mrs. Beeson was killed and Mr. Carlisle was severely injured in the accident.

Ollie Beeson’s husband, James Beeson, Jr., and their two major children, filed this suit against the State of Louisiana through the Department of Transportation and Development (Department) for the wrongful death of Mrs. Beeson.

Mr. Carlisle sued the Department, Maryland Casualty Company (Maryland), United States Fidelity & Guaranty Company (U. S. F. & G.) and Hartford Accident & Indemnity Company (Hartford). Maryland is the liability carrier for the Beeson vehicle. Hartford and U. S. F. & G. both provided underinsured motorists coverage to Carlisle.

Finally, U. S. F. & G., which was also the workmen’s compensation carrier for Central Louisiana State Life Insurance Company, sued the Department, the Estate of Mrs. Beeson, the Beeson family and Maryland, for reimbursement of medical expenses paid and compensation payments made to Mr. Carlisle and compensation death benefits paid to Mr. Beeson.

The trial court found the sole, proximate cause of the collision and the resulting damages and injuries was the negligence of the Department. The trial court expressly exonerated the truck driver and Mrs. Beeson of any negligence. Accordingly, the judgments were rendered as follows:

In the instant case, Beeson, Jr., et al. v. State of Louisiana, through the Department of Transportation and Development, judgment was awarded in favor of James Stanley Beeson, Jr., and against the Department in the amount of $66,736.00, plus legal interest. Judgment was also rendered against the Department in favor of James Stanley Beeson, III, and Lorraine Fay Bee-son in the amount of $37,500.00 each, plus legal interest.

That judgment also recognized the “intervention” of U. S. F. & G. and ordered the payment of $8,304.00, death benefits paid to the surviving husband by preference from the proceeds awarded Beeson herein1 and [280]*280stated that U. S. F. & G.’s third party demand against Beeson, Jr., Beeson, III, and Lorraine Dove, for compensation benefits paid by U. S. F. & G., were dismissed with prejudice.2 Maryland was granted judgment against the Department for $2,100.00, plus legal interest, to pay for the wrecked automobile.3

Judgment was also rendered in the case of United States Fidelity & Guaranty Company v. State of Louisiana, through the Department of Transportation and Development, Number 8187, granting U. S. F. & G. recovery against the Department in the amount of $14,172.00. Some $8,304.00 of this award was reimbursement of death benefits paid to James Beeson, Jr., and the other $5,868.00 was medical expenses paid on behalf of Gates Carlisle. It was further decreed that the judgment be given preference and priority over the judgments rendered in favor of James Beeson, Jr., et al. and Gates W. Carlisle, Jr., against the Department, in the above amounts, respectively-

In the case of Carlisle, Jr. v. State of Louisiana, through the Department of Transportation and Development, judgment was granted in favor of Carlisle and against the Department in the amount of $90,000.00 plus legal interest. Carlisle’s claims against Maryland, U. S. F. & G. and Hartford were dismissed. Judgment was also rendered in favor of U. S. F. & G. for $5,868.00 (medical expenses paid by U. S. F. & G.) against the Department.

In the instant case, Beeson, Jr., et al. v. State of Louisiana, through the Department of Transportation and Development, the Department appealed, contesting both liability and quantum. The Beesons answered the appeal seeking an increase in judgment in favor of James Beeson, Jr., to $200,000.00 and an increase of $50,000.00 each for the other two appellees.

The issues presented by this appeal are:

(1) Whether the Department was negligent or the highway defective due to improper signing, and if so, whether such negligence or defect was a cause of the accident;
(2) Whether Mrs. Beeson was negligent and, if so, whether such negligence was a cause of the accident; and
(3) Whether the judgments granted the plaintiff were excessive, inadequate or proper.

LIABILITY OF THE DEPARTMENT

The trial judge, in his reasons for judgment, made no findings of fact but adopted, by reference, the facts and law set forth in a brief filed by counsel for the Beesons. The brief referred to by the trial judge is not made a part of the record. The trial court concluded that:

"... the proximate cause of the collision and resulting damages and injuries was the poorly constructed and improperly signed intersection, and that there should be judgment against the Department of Transportation.”

This brings us to the crucial question of whether the trial judge was clearly wrong in the factual conclusion that the intersection was poorly constructed and improperly signed.

As we examine the facts we must keep in mind the extent of the obligations imposed [281]*281by law upon the Department in the performance of its duties to keep the highways in a reasonably safe condition. The general principles in this regard are set forth by this court in the case of Norris v. State, 337 So.2d 257, at 260 (La.App. 3rd Cir. 1976), where the court stated as follows:

“The Department of Highways is not the guarantor of the safety of all travelers on state highways nor is it the insurer against all injuries and damages which may result from defects or obstructions thereon. Wilkinson v. American Insurance Company of Newark. New Jersey. 311 So.2d 584 (La.App. 3rd Cir. 1975); Doucet v. State, Department of Highways. 309 So.2d 382 (La.App. 3rd Cir. 1975), writ denied 312 So.2d 340 (La.); Laborde v. Louisiana Dept. of Highways. 300 So.2d 579 (La.App. 3rd Cir.

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Related

DeRosier v. South Louisiana Contractors
583 So. 2d 531 (Louisiana Court of Appeal, 1991)
Broadway v. State, Department of Transportation & Development
567 So. 2d 776 (Louisiana Court of Appeal, 1990)
Swint v. Progressive Insurance Co.
485 So. 2d 194 (Louisiana Court of Appeal, 1986)
Vallery v. STATE EX REL. DEPT. OF TRANSP. AND DEV.
480 So. 2d 818 (Louisiana Court of Appeal, 1985)
Beeson v. State ex rel. Department of Transportation & Development
404 So. 2d 1257 (Supreme Court of Louisiana, 1981)
Carlisle v. State, Dept. of Transp. & Dev.
400 So. 2d 284 (Louisiana Court of Appeal, 1981)

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Bluebook (online)
400 So. 2d 278, 1981 La. App. LEXIS 4070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beeson-v-state-ex-rel-department-of-transportation-development-lactapp-1981.