Carmouche v. State ex rel. Department of Highways

360 So. 2d 1374, 1978 La. App. LEXIS 3648
CourtLouisiana Court of Appeal
DecidedJune 28, 1978
DocketNo. 6562
StatusPublished
Cited by4 cases

This text of 360 So. 2d 1374 (Carmouche v. State ex rel. Department of Highways) 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
Carmouche v. State ex rel. Department of Highways, 360 So. 2d 1374, 1978 La. App. LEXIS 3648 (La. Ct. App. 1978).

Opinion

CULPEPPER, Judge.

This is a wrongful death action by Joseph Carmouche and his wife, Enola Bruno, for the death of their son, who was killed in an automobile accident. Named as defendants are: (1) State of Louisiana, through the Department of Highways; (2) Viola An-gelle, driver of one of the two automobiles involved in the collision, and Willie Angelle, her husband; (3) State Farm Mutual Automobile Insurance Company, liability insurer of the Angelle vehicle; and (4) Morris Bruno, Jr., driver of the automobile in which the decedent was a passenger.

Finding the sole legal cause of the accident to be the negligence of the Highway Department, the trial judge rendered judgment in favor of the plaintiffs and against the Highway Department. He dismissed the third party demands of Morris Bruno, Jr. and Viola Angelle, finding they were both contributorily negligent. The Highway Department appealed. Mr. and Mrs. Angelle and State Farm answered the appeal, seeking recovery on their third party demands for the value of the Angelle automobile in the sum of $14751 The plaintiffs, Mr. and Mrs. Carmouche, did not appeal or answer the appeal, nor did Morris Bruno, Jr.

The substantial issues on appeal are: (1) Was the Highway Department guilty of any negligence which was a legal cause of the accident? (2) Was Morris Bruno, Jr. guilty of any negligence which was a legal cause of the accident? (3) Was Viola An-gelle guilty of any negligence which was a legal cause of the accident?

Louisiana Highway 726 is a .two-lane, blacktopped roadway approximately 20 feet [1376]*1376wide. It runs north and south until it nears the junction with “Olivier Road”, at which point State Route 726 turns approximately 90 degrees to the right and thereafter proceeds in an easterly direction. The basic configuration is of a “T” intersection with the east-west portion of Route 726 forming the leg of the “T”. Olivier Road is a parish road. It is a two-lane, blacktopped roadway approximately 18 feet wide. State Route 726 is the through route.

On the day of the accident, the following signs were in place: (1) a stop sign on the right (west) side of Olivier Road directing southbound traffic on that road to stop at the junction with State Route 726; (2) an advance turn sign, consisting of a curve sign indicating a 90 degree curve to the right with a 15 mile per hour advisory speed warning, on each approach of Route 726; (3) a bar with a double arrow facing traffic approaching the intersection from the east.

The accident occurred between 7:30 P.M. and 8:00 P.M. on August 5, 1974. On that day, sunset occurred at 7:59 P.M. Central Daylight Savings Time. It was not yet dark at the time of the accident, and headlights were not needed. Sight clearance and visability at the intersection were good. Motorists proceeding in a westerly direction • on Route 726 toward the curve could see vehicles approaching from the south at least 600 feet prior to the intersection, and motorists approaching in a northerly direction could likewise see motorists proceeding in a westerly direction at least 600 feet from the intersection.

Drivers of both vehicles were thoroughly familiar with the area and the intersection. Mrs. Angelle and her husband owned several acres in this rural area where they grazed cattle. She would drive out several times a week to feed and water the cattle. Bruno’s in-laws lived in the area, and he traveled this road two or three times a week to visit them.

Mrs. Angelle, alone in her 1969 Pontiac Catalina, was approaching the intersection from the east on Route 726. She slowed down to approximately 20 miles per hour to negotiate the curve. Mr. Bruno was proceeding north on Route 726 in his 1968 Pontiac Firebird with Daniel Carmouche his only passenger. The collision occurred after Mrs. Angelle had completed the turn and was about 31 feet south of the center of the intersection. Impact was in Mrs. Angelle’s lane. The Bruno vehicle left skid marks 132 feet and 4 inches long in the right (northbound) lane of traffic. There was a gap between the end of the skid mark in Bruno’s lane and the point of impact in Mrs. Angelle’s lane.

The right front of the Bruno vehicle collided with the right front of the Angelle vehicle. The Angelle vehicle was pushed north by the collision, coming to rest 28 feet and 9 inches from the point of impact. The Bruno vehicle continued north, coming to rest 67 feet from impact in the ditch to the west of the highway. Daniel Carmouche was pronounced dead at the scene. Neither of the drivers was seriously injured. Substantial damage was done to both automobiles.

We quote from the trial judge’s “Reasons for Judgment”:

Based on the foregoing facts established at the trial of this matter, the court is of the opinion that the sole and proximate cause of the accident was the negligence of the Department of Highways in inadequately designing and building the aforementioned intersection and in failing to provide appropriate signs and warnings at the intersection. Due to the layout and design of Louisiana 726 and its junction with Olivier Road, the fact that both are two-lane blacktopped roads and due to the absence of appropriate warnings and signals, the intersection is a patently dangerous and highly deceptive trap for traffic proceeding in a northerly or westerly direction toward the intersection. A motorist proceeding northerly on Louisiana 726 toward the intersection is led to believe that Olivier Road is a continuation of Louisiana 726, while a motorist [1377]*1377proceeding westerly toward the intersection would feel that he had the right of way. In both instances, the design of the intersection and lack of signs and warnings serve to deceive advancing motorists.”

The trial judge dismissed the reconven-tional demands of both Mrs. Angelle and Mr. Bruno, finding that they were both contributorily negligent in the following respects:

“Mr. Bruno breached the duty imposed on him by R.S. 32:121 which states that when two vehicles approach an intersection at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
“Mrs. Angelle was negligent in that she attempted to make a left turn when such a maneuver could not be made with reasonable safety.”

Having carefully reviewed the entire record, we find that the evidence presented does not reasonably support the trial judge’s conclusions, and that they are manifestly erroneous.

The State Department of Highways is not responsible for every accident which occurs on state highways. This Court, in Doucet v. State, Department of Highways, 309 So.2d 382 (3rd Cir. 1975), discussed the issue:

“The duty of the Department of Highways is only to see that state highways are reasonably safe for persons exercising ordinary care and reasonable prudence. It is liable for damages only when the evidence shows (1) that the hazardous condition complained of was patently or obviously dangerous to a reasonably careful and ordinarily prudent driver, and (2) that the department had notice, either actual or constructive, of the existence of the defect and failed within a reasonable time to correct it. Laborde v. Louisiana Department of Highways, 300 So.2d 579 (La.App. 3 Cir. 1974); Dupre v. Louisiana Department of Highways, 154 So.2d 579 (La.App. 3 Cir. 1963); Mistich v. Matthaei, 277 So.2d 239 (La.App. 4 Cir. 1973); St. Paul v.

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Related

Mitchell v. Poullard
422 So. 2d 713 (Louisiana Court of Appeal, 1982)
Wall v. American Employers Ins. Co.
377 So. 2d 369 (Louisiana Court of Appeal, 1980)
Johnson v. Ouachita Parish Police Jury
377 So. 2d 397 (Louisiana Court of Appeal, 1979)
Carmouche v. State ex rel. Department of Highways
363 So. 2d 536 (Supreme Court of Louisiana, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
360 So. 2d 1374, 1978 La. App. LEXIS 3648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carmouche-v-state-ex-rel-department-of-highways-lactapp-1978.