Dabov v. Allstate Insurance Company

302 So. 2d 697
CourtLouisiana Court of Appeal
DecidedJanuary 10, 1975
Docket4699
StatusPublished
Cited by19 cases

This text of 302 So. 2d 697 (Dabov v. Allstate Insurance Company) 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
Dabov v. Allstate Insurance Company, 302 So. 2d 697 (La. Ct. App. 1975).

Opinion

302 So.2d 697 (1974)

Robert N. DABOV et ux., Plaintiffs-Appellees,
v.
ALLSTATE INSURANCE COMPANY et al., Defendants-Appellants.

No. 4699.

Court of Appeal of Louisiana, Third Circuit.

October 30, 1974.
Rehearings Denied November 20, 1974.
Writs Refused January 10, 1975.

*699 James D. Davis, Gold, Hall, Hammill & Little, Alexandria, for defendants-appellants.

S. Chris Smith, III, Leesville, for plaintiffs-appellees.

William C. Pegues, III, Dist. Atty., DeRidder, for defendant-appellee-appellant.

Before HOOD, CULPEPPER, DOMENGEAUX, JJ.

HOOD, Judge.

Mr. and Mrs. Robert N. Dabov sue for damages sustained by them as the result of personal injuries suffered by Mrs. Dabov when a motor vehicle in which she was riding as a passenger ran off a bridge and overturned. The defendants are Mr. and Mrs. Gilbert Gates, their liability insurer, Allstate Insurance Company, and the Beauregard Parish Police Jury. Mr. and Mrs. Gates and Allstate filed a third party demand against Beauregard Parish Police Jury, seeking indemnification or contribution in the event the former should be held to be liable to the original plaintiffs.

Judgment on the merits was rendered by the trial court in favor of plaintiffs and against all of the defendants, in solido. Judgment also was rendered in favor of third party plaintiffs, Mr. and Mrs. Gates and Allstate, and against Beauregard Parish Police Jury, condemning the latter to pay to the third party plaintiffs one-half of any amount paid by them to the original plaintiffs. All of the defendants appealed. Plaintiffs answered the appeal, demanding an increase in quantum.

The questions presented are: (1) Was Mrs. Gates, the driver of the vehicle in which the injured plaintiff was riding, negligent? (2) Was the Police Jury negligent? (3) Should the award of general damages be increased or reduced?

The accident occurred at about noon on November 14, 1971, on the Pleasant Hill Loop Road, in Beauregard Parish. The road at that point is a rural, two-lane, dirt thoroughfare, about 17 or 18 feet wide, running generally north and south. It is a parish road, and it was being maintained by the Beauregard Parish Police Jury on the above mentioned date.

Mrs. Gates was driving her community-owned station wagon north on the above mentioned road immediately before the accident occurred. Mrs. Dabov was riding as a guest passenger on the front seat of that vehicle, and Mrs. Gates' five children *700 were riding in the back seats. While the vehicle was being driven across a narrow bridge on that road, the right front wheel ran off the east edge of the bridge, causing the entire station wagon to slide off the bridge, to turn over and to land upside down on the ground several feet below the deck of the bridge. As a result of that accident, Mrs. Dabov sustained the injuries which form the basis for this suit.

The weather was clear, the road was dry and visibility was good when the accident occurred.

The bridge was about 38 feet long and from 14 to 16 feet wide. It thus was from one to four feet narrower than the surface of the roadbed. It was constructed of wood, and the planks which formed the deck or surface of the bridge were each about four inches thick and from eight to ten inches wide. These planks were laid side by side across the bridge, and they rested on stringers made of heavy timbers running the full length of the bridge. Every such plank had an overhang of about six or eight inches, that is, it extended that distance beyond the outside edge of each of the stringers on which it rested.

The surface of the bridge was covered with about four inches of dirt, the dirt which covered the bridge being the same kind of dirt which formed the surface of the roadbed, and it completely covered and concealed the planks which formed the deck of the bridge. The bridge was flat and since it was covered with dirt, as was the road, it was impossible for a motorist to determine by viewing the surface of the road and bridge alone that there was a bridge at that location.

A considerable amount of timber, shrubbery and grass grew in the ditches and along the shoulders of this road in that area. The evidence, including photographs of the scene, shows that the shrubbery was thick on both sides of the bridge where this accident occurred, and that it was extremely difficult for a motorist to see or detect that a bridge was located at that point.

There were no signs, posts, railings or other structures on or near the bridge which would indicate to a motorist that a bridge was at that location, or which would show the width or length of the bridge. There were no signs on the Pleasant Hill Loop Road, at any place either north or south of the bridge, indicating that there was a narrow bridge or a bridge of any kind in that area.

Mrs. Gates had traveled over that road as a passenger in an automobile on four or five occasions before this accident occurred, but this was the first time she had driven on it. She did not know that there was a bridge in that area, and she thought she was on the regular roadbed until the moment the accident occurred. As she approached the place where the bridge was located, she saw ahead of her a pickup truck being driven south on the same road, and it was apparent to her that she would have to meet and pass that truck. She thereupon reduced her speed of 15 to 20 miles per hour, to a speed of 8 to 10 miles per hour, and she caused her station wagon to travel along the extreme right, or east, side of the road in order to allow room for her vehicle to safely pass the pickup truck.

The pickup truck was being driven by E. J. Simmons. Mr. Simmons brought his truck to a stop on the west side of the road, at a point about 35 feet north of the north end of the bridge. The Gates' station wagon was about the same distance south of the south end of the bridge when the Simmons' truck stopped. Mrs. Gates continued to drive her station wagon at a speed of 8 to 10 miles per hour along the extreme east edge of the road and onto the bridge, feeling that it was necessary for her to do that in order to meet and pass the truck safely on the relatively narrow road. When the front of the Gates' vehicle reached a point about five feet from the north end of the bridge, the right front wheel slipped off of the east edge of it, and thereafter the entire station wagon proceeded to slide off the bridge, to turn over *701 and to come to rest upside down on the banks of the stream which flowed under that span.

Immediately after the accident occurred, several witnesses observed that the east end of one of the planks which formed a part of the deck of the bridge had been broken off. The broken plank was located four or five feet from the north end of the bridge, and it is apparent from the position of the overturned vehicle that the right front wheel of that vehicle reached that plank at or about the time the car slid off the bridge. The east six or eight inches of the plank broke off, that being that part of that plank which overhung or extended eastward beyond the east supporting stringer.

Mr. and Mrs. Gates and Allstate contend that that plank was defective, and that it broke when the Gates' vehicle attempted to roll over it. They argue that the defective plank caused the station wagon to slide off the bridge, that the Police Jury was negligent in failing to maintain the bridge in a safe condition, and that its negligence in that respect was a proximate cause of the accident.

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