Caruthers v. State

711 So. 2d 420, 1998 WL 175624
CourtLouisiana Court of Appeal
DecidedApril 15, 1998
Docket97-1450
StatusPublished
Cited by9 cases

This text of 711 So. 2d 420 (Caruthers v. State) 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
Caruthers v. State, 711 So. 2d 420, 1998 WL 175624 (La. Ct. App. 1998).

Opinion

711 So.2d 420 (1998)

Todd CARUTHERS, Plaintiff-Appellee,
v.
STATE of Louisiana, Through The DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellant.

No. 97-1450.

Court of Appeal of Louisiana, Third Circuit.

April 15, 1998.

*421 Marshall J. Stockstill, Lafayette, Richard Monroe Garner, Baton Rouge, for Todd Caruthers.

Timothy Alan Maragos, Lafayette, for State, Through its Department, etc.

Michael J. Remondet, Jr., Lafayette, for Insurance Company of North America.

Before THIBODEAUX, COOKS and AMY, JJ.

THIBODEAUX, Judge.

The State of Louisiana through its Department of Transportation and Development (hereinafter "DOTD") appeals a judgment granted in favor of Todd Caruthers. As the result of a single-vehicle accident, Mr. Caruthers sustained permanent damage to his spinal cord and was rendered paraplegic. Caruthers contends that an oncoming, "phantom vehicle" caused him to veer off La. Highway 343, but that defects in the roadway's shoulder and slope caused him to lose control of his employer's vehicle.

Caruthers filed a suit for damages against DOTD, asserting that DOTD's negligence in failing to properly maintain and inspect La. Highway 343 significantly contributed to his accident and resulting injuries. Following a bench trial, the trial court apportioned 85% fault to DOTD, 10% fault to the "phantom vehicle," and 5% fault to Mr. Caruthers. The trial court awarded Caruthers $3,373,761.86 in general and special damages.

We affirm.

I.

ISSUES

We shall consider:

1) whether the trial court was manifestly erroneous in finding the plaintiff's experts credible despite the fact their opinions as to the cause of the accident were allegedly contradictory;
2) whether the trial court was manifestly erroneous in finding that the plaintiff satisfied the burden of proving the existence of a defect in the shoulder of La. Highway 343; and,
3) whether the trial court was manifestly erroneous in finding that the plaintiff satisfied the burden of proving the existence *422 of a defect in the slope on the shoulder of La. Highway 343.

II.

FACTS

On August 18, 1991, Todd Caruthers was driving his employer's pickup truck, traveling north on La. Highway 343 in Lafayette Parish. Caruthers approached an oncoming vehicle traveling south on La. Highway 343. The vehicle began veering into the northbound lane. Caruthers sounded his vehicle's horn, but the "phantom vehicle" continued to veer into Caruthers' lane of travel.

To avoid a possible collision, Caruthers maneuvered his vehicle to the right edge of the roadway. Subsequently, Caruthers' vehicle exited the roadway surface onto the shoulder. Attempting to steer the vehicle back onto the roadway surface, Caruthers lost control of the vehicle. The vehicle traveled along the road's slope and, ultimately, struck a ditch, flipping several times before coming to its final, resting point. Caruthers was ejected from the vehicle. He sustained damage to his spinal cord, resulting in complete paraplegia.

On August 14, 1992, Mr. Caruthers filed suit against the Parish of Lafayette and DOTD, asserting negligence and/or strict liability on the part of DOTD in failing to properly design, construct, inspect, and/or maintain La. Highway 343, including its shoulder. Caruthers asserted that defects in the drop-off between the paved portion of the roadway and the unpaved portion of the shoulder created an unreasonable risk of harm to motorists. His damages resulted from encountering this unreasonable risk of harm.

On February 19, 1997, a bench trial was held to adjudicate this matter. At the conclusion of the trial, the trial judge rendered its verdict, assigning 85% fault to DOTD, 10% fault to the "phantom vehicle," and 5% fault to the plaintiff, Caruthers. The trial judge awarded Caruthers general and special damages totaling $3,373,761.86. From this judgment, DOTD appeals.

III.

LAW & DISCUSSION

Alleged Contradictory Opinions of Plaintiff's Experts

DOTD contends that the trial court erred in finding the plaintiff's experts credible, despite their alleged contradictory opinions as to the cause of the accident. Specifically, DOTD argues that the trial court erred by failing to make a credibility determination and a finding of fact in support of only one of the theories. Since the theories of each expert are allegedly diametrically opposed to the other and contrary to the physical evidence, the trial court would have erred even if it had deemed only one of the experts, and his respective theory, as credible. We disagree with the defendant's arguments.

An appellate court may not set aside a trial court's findings of fact, absent manifest error or unless such findings are clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989). "[W]here there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable." Id. at 844; Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978).

Moreover, "[w]here there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong." Id. Further, if such findings are based on credibility determinations regarding witnesses, great deference must be accorded to the trial court's findings; for only the factfinder can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener's understanding and belief in what is said. Rosell, 549 So.2d 840.

In this suit, the plaintiff presented expert testimony from Duaine Evans and Stephen Killingsworth to establish the existence of defects in La. Highway 343 and to prove causation regarding the plaintiff's accident and resulting damages. Both individuals are experts in traffic/mechanical engineering and accident reconstruction.

*423 At trial, Mr. Evans testified about the "slope" of the roadway's shoulder. Evans stated that the plaintiff exited the roadway, with two wheels initially on the low shoulder, causing the plaintiff's vehicle to tilt and gravitate onto the slope and toward the ditch. Evans opined that, as the vehicle progress further down the slope, the plaintiff attempted to return to the roadway, but to no avail. Ultimately, Evans noted, the vehicle struck the embankment of the ditch and began to roll. At some point, the plaintiff was ejected from the vehicle. Evans concludes that the low shoulder and steep slope contributed to the plaintiff's accident and resulting injuries.

Mr. Killingsworth, on the other hand, testified concerning the "drop-off," the difference in elevation between the unpaved portion of the shoulder and the paved portion of the roadway. Based on his review of the evidence, Killingsworth testified that the plaintiff's vehicle exited the paved portion of the roadway onto the aggregate (i.e., unpaved) portion of the shoulder. As the plaintiff attempted to reenter the paved portion of the roadway, the plaintiff's vehicle was repelled away from the roadway. Simultaneously, the plaintiff lost control of the vehicle, which thereby traveled along the slope striking the ditch. Killingsworth asserts that the height differential between the paved portion of the roadway and the aggregate portion of the shoulder was a significant factor which contributed to the plaintiff's accident and resulting injuries.

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Cite This Page — Counsel Stack

Bluebook (online)
711 So. 2d 420, 1998 WL 175624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caruthers-v-state-lactapp-1998.