Burkett v. Honeyman

561 So. 2d 857, 1990 WL 60934
CourtLouisiana Court of Appeal
DecidedMay 9, 1990
Docket21348-CA, 21349-CA
StatusPublished
Cited by5 cases

This text of 561 So. 2d 857 (Burkett v. Honeyman) 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
Burkett v. Honeyman, 561 So. 2d 857, 1990 WL 60934 (La. Ct. App. 1990).

Opinion

561 So.2d 857 (1990)

James BURKETT, et ux., Plaintiffs-Appellants,
v.
Robert HONEYMAN, et al., Defendants-Appellees.
Karen L. STANLEY, Plaintiff-Appellant,
v.
CITY OF SHREVEPORT, et al., Defendants-Appellees.

Nos. 21348-CA, 21349-CA.

Court of Appeal of Louisiana, Second Circuit.

May 9, 1990.
Rehearing Denied June 14, 1990.

*858 Wiener, Weiss, Madison & Howell by John M. Madison, Jr., Shreveport, for James Burkett, et ux., plaintiffs-appellants.

Nelson, Hammons & White by John L. Hammons, Shreveport, for Karen L. Stanley, plaintiff-appellant.

Office of the City Atty., Charles C. Grubb, City Atty. by Henry M. Bernstein, and Blanchard, Walker, O'Quin & Roberts by James W. Wyche, Shreveport, for City of Shreveport, defendant-appellee.

Before HALL, MARVIN and SEXTON, JJ.

SEXTON, Judge.

The plaintiffs in these consolidated appeals complain of the district court's rendition of judgments in favor of defendant city of Shreveport in a personal injury lawsuit involving two automobiles, the collapse of a bridge span, a death, bodily injuries, and property damage. We affirm.

On October 20, 1985, at approximately 2:40 a.m., a white 1975 four-door Cadillac *859 driven by Robert Honeyman and carrying two guest passengers struck the right girder of the northwest span of the Old Blanchard Road bridge at approximately 50 to 55 miles per hour, bending the girder, depriving that span of one of its main load-bearing components, and causing the collapse of that span of bridge.

Unfortunately, the Cadillac did not come to rest when it struck the girder. Instead, the momentum of the automobile and the angle of the girder combined to vault the automobile into the air, flip, land on its roof, and finally to slide over 100 feet from the initial point of impact with the girder.

The front seat guest passenger, Reginald Stanley, died from cardiorespiratory failure when his neck was hyperflexed forward, dislocating his spine and lacerating his spinal cord.

At the same moment that the bridge was struck, James and Mayme Burkett were about to exit the bridge, proceeding in the opposite direction as that of Honeyman. As the bridge span collapsed, the roadway on which the Burketts were driving changed from a horizontal to an inclined plane. Their car vaulted off the end of the span and crashed into the highway just beyond a gap which formed as the collapsing span pulled away from the highway and fell into the ravine below. Their car was damaged beyond repair, and Mrs. Burkett sustained a compression fracture of a thoracic vertebra. Mr. and Ms. Burkett also sustained other minor injuries.

Mr. and Mrs. Burkett filed suit against the city of Shreveport (the owner of the bridge), Honeyman (the driver of the vehicle causing the bridge's collapse), and Safeco Insurance Company (the Burketts' insurance carrier for uninsured or underinsured motorist coverage). Karen Stanley, the decedent's widow, filed suit against the city of Shreveport and Honeyman.

Following a trial on the merits the district court, in written reasons ruled in favor of the Burketts and against Safeco for those personal injuries which were caused by Honeyman, an uninsured motorist. All of the Burketts' demands against the city of Shreveport were rejected. Mrs. Stanley's demands against the city were similarly rejected.

Plaintiffs now appeal these unfavorable decisions and ask this court to reverse the district court's judgments on liability and render judgments on damages.[1]

For reasons which will become more apparent from the discussion below, we will consider the appeal and arguments presented by the Burketts and Karen Stanley separately.

As noted previously, James and Mayme Burkett were driving across the bridge when Honeyman struck the end girder and caused the collapse of one of the bridge's three spans. As the span collapsed into the ravine below, it formed an inclined plane off of which the Burkett vehicle vaulted and crashed into the highway which led to the bridge. The evidence clearly shows that they were free from fault in the accident.

The Burketts' first argument is that the city should be held strictly liable for Mrs. Burkett's damages because of its ownership of a defective thing[2] or building[3] or because of its negligence.[4] They argue that the bridge presented an unreasonable risk of harm, that the city knew of such risk, and that the city failed to take any steps to prevent injury. The city argues that it was not the condition of the bridge which was the cause of the injuries and damages, but it was the actions of Robert Honeyman. The district court *860 found that the bridge was structurally sound enough to carry vehicles of no more than the posted weight limit and that it was properly signed to warn motorists of the bridge's limitations.

This argument presents the initial issue of whether, under the circumstances, the city was negligent for failing to repair the bridge or to take rehabilitative measures to make the bridge safer, or whether the city should be held strictly liable for its ownership of an allegedly defective bridge which plaintiffs claim was the cause of their harm.

... The law is settled that the Department of Highways is not responsible for every accident which may occur on the state highways, nor is it a guarantor of the safety of travelers thereon, or an insurer against all injury which may result from obstructions or defects in such highways.... Generally, it is the duty of the Highway Department to construct and maintain the highways in a condition reasonably safe for persons exercising ordinary care and reasonable prudence....
United States Fidelity and Guaranty Co. v. State, Department of Highways, 339 So.2d 780 (La.1976)
... However, reasonable care requires, and the Department does owe, a duty to the traveling public to erect barricades, signs and adequate markings to warn against extremely dangerous, trap-like hazards, unusual obstructions, perilous conditions or defects in the road.... Whether the warning is required, reasonable, or adequate is determined by the place where the danger exists, the nature of the road and the general situation and circumstances surrounding it. All of these factors, together with the kind and speed of vehicles, are to be taken into consideration to determine whether the Department has discharged its duty....
Vervik v. State, Department of Highways, 302 So.2d 895 (La.1974).
There is no fixed rule for determining what is a dangerous defect in a public way; the facts and surrounding circumstances of each particular case control. The test usually applied, however, requires an answer to the question: Was the public way maintained in a reasonably safe condition for persons exercising ordinary care and prudence? ...
Pickens v. St. Tammany Parish Police Jury, 323 So.2d 430 (La.1975).
Bush v. State, Department of Highways, 395 So.2d 916, 920-921 (La.App. 2d Cir.1981), writ denied, 399 So.2d 609 (La. 1981) (emphasis ours).

We agree with the district court's conclusion that the bridge was in a condition which was reasonably safe for persons exercising ordinary care and reasonable prudence.

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Bluebook (online)
561 So. 2d 857, 1990 WL 60934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkett-v-honeyman-lactapp-1990.