Chuter v. Department of Highways

575 So. 2d 425, 1991 La. App. LEXIS 182, 1991 WL 8833
CourtLouisiana Court of Appeal
DecidedJanuary 31, 1991
DocketNos. 90-CA-0729, 90-CA-0730
StatusPublished
Cited by2 cases

This text of 575 So. 2d 425 (Chuter v. 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
Chuter v. Department of Highways, 575 So. 2d 425, 1991 La. App. LEXIS 182, 1991 WL 8833 (La. Ct. App. 1991).

Opinion

CIACCIO, Judge.

Following a bench trial of this automobile accident case, judgment was rendered against the Louisiana Department of Transportation and Development (hereinafter “DOTD”), and in favor of plaintiffs, Lydia Chuter and Edward Selle, in the sum of |125,000.00 and $7,500.00, respectively. DOTD now seeks review, urging that the trial court erred in holding them liable and in failing to find contributory negligence on the part of plaintiffs. Although we find that the trial court was clearly wrong in its factual determination that plaintiff, Ms. Chuter, was not negligent in travelling at an excessive rate of speed, under our present jurisprudence, we are bound to affirm the judgment.

The facts of the accident are as follows:

On January 20, 1980, Lydia Chuter and her fiance, Edward Selle, went to the Gulf Outlet Marina in St. Bernard Parish to attend a Super Bowl party on a houseboat owned by a prospective employer of Mr. Selle. Several hours later, the couple left the party, planning on meeting several friends at a restaurant/lounge in the West End area of New Orleans. Mr. Selle, who was a guest passenger in the vehicle Ms. Chuter was driving, was guiding Ms. Chu-ter as she was unfamiliar with the area.

On the direction of Mr. Selle, the Chuter vehicle left the Marina, turned right on Paris Road and headed toward the Intra-coastal Waterway Bridge. This bridge is a four-lane divided roadway oriented in a general north-south direction which extends over the Mississippi River Gulf Outlet. At the northern end of the bridge the roadway makes an abrupt left turn to direct traffic to Paris Road, which is a two lane roadway running parallel to the bridge. There is a six-inch cement curb along the full length of this curve. In addition, the roadway extended northward beyond the cement curb for approximately 150 feet into a wooded area. Construction of this roadway was ceased by a order of the federal government for protection of the nearby wetlands. This unusual configuration of the roadway was part of a temporary connection of this bridge to Paris [427]*427Road pending the federally-approved construction of a connection between the bridge with the interstate system. The posted speed limit on the bridge was 55 miles per hour.

The police report indicates that this accident occurred at approximately 9:40 p.m. The evidence further shows that fog on the bridge that evening was very heavy. Apparently, Ms. Chuter failed to negotiate the curve, and her vehicle jumped the cement curb, flipped over several times and landed in the wooded area north of the highway.

Mr. Chuter and Mr. Selle subsequently brought this action against DOTD alleging liability under negligence and strict liability theories as per La.Civil Code Arts. 2315-2317. The basic allegations were first, that the sharp left turn on this type of highway presented an unreasonable risk of harm; and, second, that DOTD’s failure to adequately sign and illuminate this area to alert drivers of this sharp curve also rendered the highway unreasonably dangerous.

DOTD denied plaintiffs allegations of strict liability and negligence, and asserted that the sole cause of the accident was the negligence of Ms. Chuter in driving at an excessive rate of speed under the foggy weather conditions. DOTD also argues that Mr. Selle, who was familiar with this area, was negligent in failing to alert Ms. Chuter of the turn in the roadway. The trial court found the condition of the roadway unreasonably dangerous and stated in its reasons for judgment:

The Court is of the opinion that this roadway configuration created a virtual trap for unsuspecting motorists unfamiliar with this intersection. No motorist could anticipate this highly unusual configuration, where a four lane highway ended abruptly, then turned sharply into a two lane road.

Although we find no manifest error in the trial court’s determination that the roadway was defective, we do not agree with the conclusion that Ms. Chuter was free from negligence.

As to the condition of the roadway, the evidence indicates that the State was aware that the configuration of the roadway presented problems for motorists. The City of New Orleans and the state representative in the area had received numerous complaints from motorists who found the sharp left turn at the north end of the bridge difficult to negotiate, and had informed DOTD of these problems. Further, DOTD was aware of several single-vehicle accidents which had occurred at this intersection when a driver had failed to safely make the turn. In response to this information, DOTD began a study of this site and, in conjunction with the findings of the study, installed several traffic devices to apprise motorists of the road configuration, including advance warning signs to slow to 15 miles per hour in anticipation of the turn, reflectorized pavement markers and street lights.

Robert Lipp, a court-approved expert in accident reconstruction and highway design, testified that in his opinion, this intersection as it existed on the night of the accident was poorly designed in that a vehicle is forced to decelerate very quickly from 55 miles per hour on the bridge to 15 miles per hours to safely make the turn. He stated that although the highway had adequate signage, these warnings would not assist a motorist in the presence of fog. Mr. Lipp stated that the signs should have been illuminated with artificial lighting and that rumble strips should have been installed on the roadway to alert the driver confronted with foggy weather conditions of the upcoming curve. In addition, Mr. Lipp opined that the six-inch barrier curb that was erected around this curve was hazardous because a motorist who is unable to safely negotiate the turn and hits the curb loses control of his vehicle and is rendered incapable of recovering. He testified that at the very least, the curb should have been painted to make it visible to motorists travelling in bad weather conditions.

In the present case, both plaintiffs testified that on the night of the accident, the fog on the bridge was very dense and visibility was extremely low. This was Ms. Chuter’s first time to drive on this road, and Mr. Selle had only been on this area of [428]*428the roadway a couple of times previously. Due to the lack of visibility, neither Ms. Chuter nor Mr. Selle were able to observe the signage alongside the roadway which would have alerted them of the unusual configuration of the roadway. Certainly, DOTD should have anticipated that the bridge and adjoining roadway would be susceptible of fogging. However, no precautions were taken by DOTD to insure that a motorist travelling on the bridge in foggy weather would be alerted to the abrupt turn in the roadway.

Defendant knew of the frequency of accidents in this area caused by motorists who failed to negotiate this turn. Although defendant attempted to correct this dangerous situation by installing street lights and signage, these devices were ineffective in foggy weather. Defendant should have anticipated foggy weather conditions on this bridge and taken adequate precautions to alert motorists of this dangerous intersection. Obviously, the unlighted reflector-ized signs were not visible in heavy fog, and should have been illuminated in some manner.

In addition, the condition of the roadway created a virtual trap for the plaintiffs herein.

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Related

Hamilton v. Bathgate
999 So. 2d 789 (Louisiana Court of Appeal, 2008)
Chuter v. Department of Highways, State
577 So. 2d 32 (Supreme Court of Louisiana, 1991)

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Bluebook (online)
575 So. 2d 425, 1991 La. App. LEXIS 182, 1991 WL 8833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chuter-v-department-of-highways-lactapp-1991.