Coley v. State, Through DOTD

621 So. 2d 41, 1993 WL 216848
CourtLouisiana Court of Appeal
DecidedJune 23, 1993
Docket24,861-CA
StatusPublished
Cited by16 cases

This text of 621 So. 2d 41 (Coley v. State, Through DOTD) 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
Coley v. State, Through DOTD, 621 So. 2d 41, 1993 WL 216848 (La. Ct. App. 1993).

Opinion

621 So.2d 41 (1993)

Christy C. COLEY, et al., Plaintiffs-Appellees,
v.
STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellant.

No. 24,861-CA.

Court of Appeal of Louisiana, Second Circuit.

June 23, 1993.

*42 Davenport, Files & Kelly by Thomas W. Davenport, Jr., for plaintiffs-appellees.

*43 Richard Ieyoub, Atty. Gen., James G. Smith & Associates by Rosa Whitlock, for defendant-appellant.

Before NORRIS, BROWN and WILLIAMS, JJ.

NORRIS, Judge.

Christy Coley sued for personal injuries and property damage arising out of a single-car accident occurring on Louisiana Highway 557 in Ouachita Parish. The defendant, the State of Louisiana through the Department of Transportation and Development ("DOTD"), appeals the judgment finding it 85% at fault and awarding damages of $24,549.96 for the injuries sustained by Coley. Coley answers the appeal, seeking an increase in damages and arguing all liability should be assessed to the state. For the reasons expressed, we affirm.

FACTS AND PROCEDURAL BACKGROUND

On February 5, 1991, three days before her 18th birthday, Christy Coley left her home in southwest Ouachita Parish en route to Ouachita Christian School where she was completing her senior year. Because it was raining that morning, Christy left home at 7:20 a.m., 5 minutes earlier than usual. From her home, Christy took Line Road to Highway 557, where she turned and proceeded north. Shortly before reaching the T-intersection of Highway 557 and Ross Bickham Road, Christy negotiated a left-bearing curve which rounded out atop a hill. The curve was marked with a curve sign and an advisory speed limit of 45 mph; the posted speed limit for the highway is 55 mph. Upon cresting the hill, Christy saw water flowing downhill along the right side of Highway 557 from Ross Bickham Road into the northbound lane of the highway. Upon entering the water, Christy's car began to skid into the southbound lane and spun around so that the left rear quarter panel of her 1989 Mercury collided with a tree located beyond the ditch along the southbound lane of the highway.

Christy was rendered unconscious in the collision and was taken by ambulance to North Monroe Community Hospital where she was treated for a variety of injuries, the most serious of which was a blow to the head. She was released from the hospital the next day but remained under the medical supervision of Dr. Gary Jones until May 13, 1991.

Christy filed suit against the DOTD in her own name in August 1991 to recover for personal injuries and medical expenses. Her father, Joseph Coley, and their insurer, State Farm Mutual Automobile Insurance Company, were plaintiffs with subrogation claims. Joseph Coley, in whose name Christy's car was titled and registered, sought recovery for the $100.00 deductible under his collision insurance policy with State Farm. State Farm sought by subrogation $4,614.00 for the property damages, wrecker and storage expenses incurred after demand was made by the Coleys on State Farm. Plaintiffs' basic contention was that the accident and corresponding injuries were caused solely by the negligence of the DOTD in failing to properly maintain and repair Louisiana Highway 557 and the shoulders and ditches adjacent thereto.

SYNOPSIS OF TESTIMONY

Christy Coley testified that it was about two miles from her home to the accident site. She said she was going no more than 45 mph on the highway as she went through the curve; thus, she did not have to reduce her speed to comply with the advisory speed limit. She also said that she was in control of the car at all times coming out of the curve and that she lost control on the straightaway after successfully negotiating the curve. (R.p. 166)

Christy further stated that she had been driving this route to school for a year and a half and the accident site looked no different than it had on other rainy mornings. She had first noticed the accumulation of water in that area of the roadway six to nine months earlier, and she was not surprised to see water in the roadway on the morning of the accident. (R.pp. 143, 161) *44 As she came out of the curve and crested the hill, she could see water flowing along the east shoulder of the highway, starting at the area where Ross Bickham Road intersects with Highway 557. The water eventually flowed into the northbound lane of the highway, making a circular puddle which covered 1/3 to ½ of the northbound lane. Although she stated that nothing prevented her from driving around the pooled water, she said that she had previously driven at the same speed through similar amounts of water on this part of the roadway without incident. (R.p. 158) On the morning of the accident, however, she heard a "splash" as her tires rolled through the water in the roadway. She stated that she had control of the car before the splash but had no control after the splash. The car began to spin and ultimately ended up crossing the southbound lane and striking a tree that stood beyond the ditch.

Christy testified that photographs of the roadway taken on a rainy day depicted the road as it appeared on the morning of the accident, except less water was present in the photos. (Ex. P-2a & b).

Harry Lowery, a State Trooper, investigated the accident. He estimated it occurred at 7:25 a.m. He stated that it was raining at the time and that water was present on the road surface when he arrived on the scene at 7:47 a.m. He estimated Christy's speed at 55 mph but admitted that he based this estimate on general observations of damage to the vehicle. (R.p. 77) He determined the cause of the accident to be a failure to maintain control and indicated on the accident report that Christy was exceeding a safe speed limit. While noting that the posted speed limit for the highway was 55 mph and the advisory speed limit in the curve was 45 mph, Trooper Lowery stated that the safe speed limit could vary depending upon the road conditions. He stated that in this particular case, a safe speed limit would be whatever speed would have permitted Christy to negotiate the curve and maintain control. (R.pp. 82-84) However, he could not specify the safe speed limit for these road conditions.

He also examined photographs of the accident scene taken under conditions similar to those existing on the morning of the accident; he testified that with water draining from the shoulder into the northbound lane of the highway, the road was not in a safe condition. (R.p. 69) He did not recall telling Christy's mother that "hydroplaning" caused the accident.

Arlene Coley, Christy's mother, stated that she discovered Christy's car in the ditch while driving to work shortly after Christy had left for school. She arrived at the scene before Trooper Lowery and found Christy sitting in the front seat of her car in a dazed state. Mrs. Coley had been aware that water was draining from the shoulder into the northbound lane of the highway at the accident site for several months, possibly a year. (R.p. 89) She confirmed that the photos she took of the scene a few days after the accident depicted water draining from the shoulder into the northbound lane of the highway. (Ex. P-2a & b) She also stated that Trooper Lowery went to the hospital after the accident and said that Christy had "hydroplaned."

Christy's father Joe Coley came upon the accident site at approximately 8:00 a.m. on his way home from work. Christy had already been taken to the hospital, but her car remained in the ditch.

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Bluebook (online)
621 So. 2d 41, 1993 WL 216848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coley-v-state-through-dotd-lactapp-1993.