Causey v. New Orleans Reg'l Transit Auth.

267 So. 3d 187
CourtLouisiana Court of Appeal
DecidedMarch 20, 2019
DocketNO. 2018-CA-0983
StatusPublished

This text of 267 So. 3d 187 (Causey v. New Orleans Reg'l Transit Auth.) 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
Causey v. New Orleans Reg'l Transit Auth., 267 So. 3d 187 (La. Ct. App. 2019).

Opinion

Judge Tiffany G. Chase

This is a tort action arising out of an incident which occurred while plaintiffs were passengers on a bus operated by the New Orleans Regional Transit Authority (hereinafter "RTA"). The trial court found plaintiffs failed to meet their burden of proof in establishing that defendants were negligent and liable for their injuries. After consideration of the record before this Court, and the applicable law, we affirm the judgment of the trial court.

Facts and Procedural History

Plaintiffs Christopher Causey, Sr., Lynette Muse, Christopher Causey, Jr. and Priscilla Hopkins1 were passengers on a RTA bus traveling on Williams Boulevard in Jefferson Parish. The bus was being driven by RTA employee, Quelton Broussard (hereinafter "Mr. Broussard"). While *189proceeding on the route, Mr. Broussard suddenly applied his brakes. Plaintiffs filed a petition for damages alleging the bus driver suddenly and unnecessarily applied brakes, causing plaintiffs to be injured. Mr. Causey maintained he injured his back and leg when Ms. Hopkins fell on his right leg causing him to hit his leg against the support pole on the bus. Ms. Hopkins alleged she injured her back, spine, and additional body parts and suffered from headaches as a result of being ejected from her seat. Ms. Muse asserted she injured her wrist, neck, face, and back and suffered from headaches as a result of being ejected from her seat and hitting another seat. Lastly, plaintiffs alleged Mr. Causey and Ms. Muse's minor son, Christopher Causey, Jr., injured his head and chest as a result of striking his head against the seat. RTA maintained that the sudden brake was a result of Mr. Broussard's attempt to avoid a collision with another vehicle crossing in front of the bus thus, creating a sudden emergency situation. As such, RTA denied negligence on its part.

Prior to trial, plaintiffs filed a motion in limine for an adverse presumption arguing RTA failed to properly preserve video footage from the bus which would have depicted the incident at issue. The trial court granted the motion finding that RTA was negligent in the handling of the video footage, thus determining that an adverse presumption was warranted. RTA sought supervisory review of the ruling with this Court, which was denied.2

A bench trial was held on July 13, 2017. By amended judgment dated July 18, 2018, the trial court found that plaintiffs failed to establish, by a preponderance of the evidence, that RTA was negligent and liable for plaintiffs' injuries.3 This appeal followed.

Discussion

This Court reviews factual findings of the trial court under a manifest error standard of review. In order to reverse the findings of the trial court, we must determine that the finding was clearly wrong and not based on a reasonable factual basis. Rabalais v. Nash , 2006-0999, p. 4 (La. 3/9/07), 952 So.2d 653,657.

Plaintiffs assert that the trial court's ruling was in error based on the evidence offered coupled with the grant of their motion in limine for an adverse presumption. At the onset, we note that although an adverse presumption regarding the video footage of the bus has been applied, that presumption does not end the causation inquiry. See Jones v. Trailor , 1993-2144 (La.App. 4 Cir. 4/28/94), 636 So.2d 1112, 1118. The plaintiff is nonetheless tasked with proving negligence on the part of the defendant by a preponderance of the evidence. Id. The trial court determined that the plaintiffs' failed to meet their burden of proof. We find no error in the trial court's decision.

The central issue before this Court is whether plaintiffs have proven, by a preponderance of the evidence, that the bus driver's conduct was negligent and the cause of their injuries. In order to prove negligence a duty/risk analysis is employed.

*190Marshall v. Jazz Casino Co. , 2015-1192, p. 6 (La.App. 4 Cir. 6/29/16), 197 So.3d 316, 320. "Under this analysis, a plaintiff must prove that the conduct in question was a cause-in-fact of the resulting harm, the defendant owed a duty of care to the plaintiff, the requisite duty was breached by the defendant, and the risk of harm was within the scope of protection afforded by the duty breached." LeJeune v. Union Pacific R.R. , 97-1843, p. 6 (La. 4/14/98), 712 So.2d 491, 494. All elements must be affirmatively answered in order for a plaintiff to recover. Id. The crux of plaintiffs' argument rests with whether Mr. Broussard's conduct was the cause in fact of their injuries. As such, we focus on the causation element of the duty/risk analysis.

Neither party disagrees that Mr. Broussard suddenly applied the brakes while operating the bus. However, the cause of the sudden braking is disputed. Plaintiffs' contend that Mr. Broussard attempted to deviate from the route to retrieve a passenger he inadvertently passed up. He then suddenly hit the brakes in an attempt to make a U-turn. Mr. Causey testified that he was sitting in the lateral seats on the bus, looking to his right and had a view of the front window in front of the driver's seat. Although he did not specifically see what caused Mr. Broussard to suddenly brake, Mr. Causey testified that the sudden brake had to be the result of Mr. Broussard making a U-turn to retrieve a passenger he passed up at a bus stop. Ms. Muse testified that she was seated between her son and Mr. Causey in the lateral seats but, witnessed Mr. Broussard make the U-turn after the incident. She provided that she was unaware as to why Mr. Broussard hit his brakes. Ms. Hopkins testified that she was sitting in the last row of the bus facing the front. She observed a vehicle directly in front of the bus traveling in the same lane. Ms. Hopkins testified that the vehicle was always in front of the bus and never ventured from the left to cross in front of the bus as RTA maintains.

Conversely, RTA maintains that Mr. Broussard's sudden brake was a result of his attempt to avoid colliding with another vehicle crossing in front of the bus thus, the sudden emergency doctrine is applicable. The sudden emergency doctrine provides that "a driver without sufficient time to weigh all the circumstances and whose actions did not contribute to the emergency cannot be assessed with negligence...." Coffey v. Mushatt , 2003-0232, p. 4 (La.App. 4 Cir. 10/1/03), 859 So.2d 727, 730.

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13 So. 3d 221 (Louisiana Court of Appeal, 2009)
Rabalais v. Nash
952 So. 2d 653 (Supreme Court of Louisiana, 2007)
Jones v. Trailor
636 So. 2d 1112 (Louisiana Court of Appeal, 1994)
Rosell v. Esco
549 So. 2d 840 (Supreme Court of Louisiana, 1989)
LeJeune v. Union Pacific RR
712 So. 2d 491 (Supreme Court of Louisiana, 1998)
Marshall v. Jazz Casino Co.
197 So. 3d 316 (Louisiana Court of Appeal, 2016)
Waters v. Oliver
223 So. 3d 37 (Louisiana Court of Appeal, 2017)
Coffey v. Mushatt
859 So. 2d 727 (Louisiana Court of Appeal, 2003)

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Bluebook (online)
267 So. 3d 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/causey-v-new-orleans-regl-transit-auth-lactapp-2019.