Copeland v. La. Dept. of Transp. & Develop.

428 So. 2d 1251
CourtLouisiana Court of Appeal
DecidedMarch 9, 1983
Docket82-568
StatusPublished
Cited by11 cases

This text of 428 So. 2d 1251 (Copeland v. La. Dept. of Transp. & Develop.) 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
Copeland v. La. Dept. of Transp. & Develop., 428 So. 2d 1251 (La. Ct. App. 1983).

Opinion

428 So.2d 1251 (1983)

Jack G. COPELAND, Plaintiff-Appellee,
v.
LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellant.

No. 82-568.

Court of Appeal of Louisiana, Third Circuit.

March 9, 1983.

*1252 Ronald R. Thompson, Baton Rouge, for defendant-appellant.

Domengeaux & Wright, Richard C. Broussard, Lafayette, for plaintiff-appellee.

Before STOKER, DOUCET and YELVERTON, JJ.

STOKER, Judge.

Plaintiff was awarded judgment in the trial court for injuries received in a three vehicle collision at the intersection of Castille Street and the Evangeline Thruway (U.S. Highway 167) in Lafayette, Louisiana. There is only one defendant, the State of Louisiana through the Department of Transportation and Development. Plaintiff alleges in his petition that his injuries were caused by defendant's negligence in the maintenance, design and operation of the intersection and because of the lack of proper signalization, channelization, and control of the intersection. Defendant answered stating that the sole cause of the accident consisted of various actions of plaintiff: the failure of plaintiff to yield to oncoming traffic, his failure to appreciate conjested road conditions, his failure to maintain control of his vehicle, his being inattentive to his driving requirements, and other acts committed by the plaintiff. Alternatively, defendant alleges plaintiff's actions amounted at least to contributory negligence. The trial court exonerated the plaintiff from any negligence whatsoever and found that "the State had a duty to protect against the precise risk of injury that in fact occurred."

The issues on appeal are whether the trial court erred in:

1) Failing to find the plaintiff contributorily negligent.

2) Finding the proximate cause of the accident to be the actions of the State of Louisiana, Department of Transportation and Development.

3) Awarding excessive damages to the plaintiff.

FACTS

Plaintiff was driving his vehicle and carrying a co-worker with him at the time of the accident. At the site of the accident, U.S. 167 is a four-lane divided highway with adjacent service roads on each side. Grass covered medians separated the northbound and southbound lanes and such medians separated the main lanes from the service roads. Castille Street completely crosses the highway and service roads as shown schematically on Exhibit One made a part of this opinion. Plaintiff's vehicle was traveling in a westerly direction and was attempting to cross the southbound double lanes of U.S. 167 from the main or center median which divides the highway. Before plaintiff's vehicle completed its maneuver it was struck by. a tractor-trailer traveling south in the outside or west-most lane of the highway. Plaintiff testified that after stopping at a stop sign in the center median, he was attempting to gain access to the service road on the west side of the highway. A vehicle driven by John R. Scott had been stopped in the southbound lane at the stop sign on the west service road. Plaintiff testified that as he was stopped at the stop sign on the center median he looked to his right to see if the outside lane of the two southbound lanes was clear of traffic, but his vision was obscured by four to six vehicles waiting to turn left into Castille Street from the inside southbound lane of the highway. Plaintiff perceived that the outside lane was clear. He testified that after he left the stop sign and had "committed" *1253 himself to crossing the highway, John R. Scott's vehicle turned left from the west service road stop sign. In so doing Scott angled across plaintiff's intended path of travel on the section of pavement connecting the west service road to the southbound lanes of the highway. Apparently there were no channelization devices on that section of pavement to prevent this sort of angling maneuver. Plaintiff testified that because of Scott's maneuver he was blocked from proceeding onward into or across the west service road and was forced to stop with the rear of his vehicle in the outside lane of this southbound portion of Highway 167. At that point the impact occurred which caused the injuries he complains of. The force of the initial impact caused plaintiff's vehicle to strike John R. Scott's vehicle.

There is unequivocal and unchallenged evidence that plaintiff suffered some degree of brain damage as a result of the accident which has prevented or will prevent him from achieving the high degree of skill and advancement in his chosen profession of accounting that he normally would have achieved had he not suffered his injuries.

I. LIABILITY

Contributory Negligence.

Defendant contends there are two bases upon which this Court of Appeal should find that plaintiff was contributorily negligent.

First, defendant argues that the trial judge erred in finding as a fact that the Copeland vehicle was blocked by the Scott vehicle, and that Copeland was prevented from proceeding safely through the intersection. Second, defendant argues that plaintiff breached his duty to proceed across the intersection safely by failing to notice the oncoming tractor-trailer rig and by failing to notice that the Scott vehicle would cut him off.

As to the first contention, under prevailing standards of appellate review, an Appeal Court may not freely substitute its factual findings for those of the trial court but may do so only when the record reveals the trial court is clearly wrong. We find no basis for reversal on this issue.

With reference to the second contention, the risk that the plaintiff would be injured under such circumstances as he was must fall within the scope of plaintiff's duty to proceed across the intersection safely. More precisely, the issue is did the risk that plaintiff would be cut off by an automobile after he committed himself to crossing the intersection and that he would be struck by a vehicle whose lane he had blocked as a result of being prevented from completing his crossing fall within the scope of the obvious duty he had to proceed safely across the intersection? We believe the answer is no.

Under our appreciation of the evidence plaintiff would have had time to safely cross the southbound lanes had he not been blocked by Scott's vehicle. Plaintiff testified that he looked to his right and did not see any vehicle in the outside lane. He then proceeded and was physically prevented from going further by the Scott vehicle. Plaintiff testified that he was forced to look through the windshields of the left-turning vehicles and could see from one hundred to three hundred feet down the outside lane. Plaintiff was not contributorily negligent merely because he proceeded across the southbound lane.

The trial court found that the plaintiff stopped because he had no other choice. The trial court found that the Scott vehicle was "angling out" toward the Copeland vehicle. The trial court places great weight on plaintiff's testimony that plaintiff could not predict Scott's direction and saw no alternative but to stop. The plaintiff had no duty to predict or anticipate the action of the Scott vehicle. Plaintiff was cut off by Scott after he left the stop sign. The evidence is unequivocal on that point.

Defendant contends that the trial court erred in applying the "sudden emergency doctrine". The trial court does not state in *1254 its reasons for judgment that it is applying the doctrine.

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Bluebook (online)
428 So. 2d 1251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/copeland-v-la-dept-of-transp-develop-lactapp-1983.