Dodson v. Webster Parish Police Jury

564 So. 2d 760, 1990 La. App. LEXIS 1613, 1990 WL 84443
CourtLouisiana Court of Appeal
DecidedJune 20, 1990
Docket21609-CA
StatusPublished
Cited by7 cases

This text of 564 So. 2d 760 (Dodson v. Webster Parish Police Jury) 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
Dodson v. Webster Parish Police Jury, 564 So. 2d 760, 1990 La. App. LEXIS 1613, 1990 WL 84443 (La. Ct. App. 1990).

Opinion

564 So.2d 760 (1990)

David W. DODSON, et ux., Appellants,
v.
WEBSTER PARISH POLICE JURY, Appellee.

No. 21609-CA.

Court of Appeal of Louisiana, Second Circuit.

June 20, 1990.
Writ Denied October 19, 1990.

*761 Nelson, Hammons & Johnson by John L. Hammons, Robert C. White, Shreveport, for appellants.

Lunn, Irion, Johnson, Salley & Carlisle by Charles W. Salley, Shreveport, for appellee.

Before FRED W. JONES, Jr., NORRIS and HIGHTOWER, JJ.

NORRIS, Judge.

In this wrongful death action the plaintiffs, Mr. and Mrs. David Dodson, seek damages for the death of their 15-year old son, Mark Dodson. Mark was killed in a one-car accident when his Jeep ran off a parish road and hit some trees. The plaintiffs sued the Webster Parish Police Jury, the custodian of the road, alleging the roadway was defective and caused the tragic accident. After a bench trial, the district court concluded the plaintiffs had failed to prove causation between the accident and the alleged defects. From the judgment dismissing their suit, the plaintiffs appeal. For the reasons expressed, we affirm.

Facts

The accident occurred on February 27, 1987 around 7:15 a.m. Mark Dodson was driving to school in his father's 1976 Jeep CJ5, which he had used regularly since he got his driver's license a few months earlier. He was taking the usual route from his home on Sugar Creek Drive; he drove south down Webster Parish Road No. 114 (called Germantown Road) to Minden, where Mark was in the 9th grade at Webster Junior High. The pavement was wet as there had been rain earlier. As Mark completed a gentle leftward curve about a mile north of Minden, he apparently lost control of the Jeep and ran off the left side of the road. Though there were no skid marks on the pavement (not unusual in wet conditions), tracks on the east shoulder showed that Mark slid 106' before hitting a tree, spinning counterclockwise, then hitting another tree. Mark was ejected from the Jeep and died almost instantly. The Jeep sustained heavy damage. There were no eyewitnesses.

Trooper C.D. Lee, who investigated the accident, testified that there were no defects on the road's surface, such as pot holes or ruts, that would have caused Mark to lose control. He also testified there was *762 no physical evidence that Mark had strayed off the right edge of the pavement before careening to the left. Trooper Lee had never had any trouble rounding this curve and he had never investigated any other accidents there. He characterized the curve as "not very sharp," an observation that the numerous photos in evidence verify. On the basis of the damage to the Jeep, Trooper Lee estimated Mark must have been traveling 65 m.p.h. when he left the road, or 10 m.p.h. over the speed limit.

Mr. Jimmy Hart, Webster Parish's superintendent of roads, testified that his department attempted to look at each parish road at least once a month, though there is no formal policy for inspections. He testified that the parish did not keep records of accidents at any given location, but he knew of two or three accidents in that general area. Germantown Road, he said, was an old oxcart trail that was not blacktopped until about 1950. A second overlay was done in 1972 or 1973, when the width was increased to 24' because of heavier traffic; a final overlay was done in 1975. Though he had no statistics, he estimated about 200 cars used the road each day.

There was much evidence about a large hole and culvert opening on the right (west) shoulder and about improper banking of the road surface. The road's average width of 24' meets the applicable standards. In front of the curve is a "curve" sign without an advisory speed limit. Along the curve there is a grassy shoulder of uneven width. At the end of the curve, however, the right shoulder narrows to about two feet and drops suddenly into a large, 4-foot deep hole. At this point a culvert underlies the road; for some reason it extends 18' on the left side but only three or four feet on the right. It opens into the large hole. A striped "hazard" sign, measuring 12" by 36", stands seven feet north of the culvert and about two feet off the pavement. This culvert is about 75 to 100 feet south of where Mark's Jeep left the road.

Dr. William Hadley, a professor of civil engineering at Louisiana Tech, testified for the plaintiffs as an expert in traffic engineering, highway design, traffic safety and accident reconstruction. He surveyed the scene and prepared a series of helpful diagrams, admitted as Ex. P-13. Approaching this culvert from the north, Germantown Rd. forms a gentle leftward curve with a radius of 1,250'. The banking, which is important to offset centrifugal force in a turn, is called super elevation (expressed as an italic e) and is calculated by dividing the distance of vertical rise by the distance of horizontal run. He testified that the road had uneven e values; close to the culvert, the northbound lane had e = .048, an acceptable reading, but the southbound lane, in which Mark was traveling, had only e = .018, considerably less than applicable standards. With this low e, Dr. Hadley thought a driver traveling over 25 m.p.h. in Mark's lane would tend to pull to the right. Dr. Hadley also described the hole in the right shoulder as an "obvious" and "significant defect." He testified that this defect and a hazard sign so close to the pavement would cause a driver to "shy away" from the right edge of the road. Because of the inadequate banking, Dr. Hadley felt that a driver in the southbound lane, even if he was traveling at an otherwise safe speed like 45 m.p.h., would tend to stray to the right, perhaps off the road; but when he saw the hazard he would instinctively jerk to the left and lose control. Though he did not actually reconstruct the accident, Dr. Hadley felt that this interplay of factors should have been anticipated and remedied by the police jury. Mere signing was inadequate.

Dr. Olin Dart Jr., a consulting engineer from Baton Rouge and expert in the same fields, testified for the plaintiffs by deposition. He also surveyed the scene, and most of his measurements correspond with Dr. Hadley's. He stated that this portion of Germantown road should have e = .04-.08, and in this regard the road was substandard. Unlike Dr. Hadley, he conducted a "ball bank test" and concluded that 55 m.p.h. was a safe speed for this turn, at which a driver in Mark's lane should not have lost control. Dr. Dart was not sure that the banking contributed to the accident. He was emphatic, however, that the *763 narrow shoulder, improperly placed culvert, deep hole and hazard sign created a major hazard on the road. Dr. Dart assumed that Mark had actually strayed off the right side of the road, spotted the hazard sign or the culvert, and then steered back onto the pavement too swiftly, causing the skid. He did not calculate Mark's speed; he assumed he was going about 45 m.p.h. when he lost control. He commented that Jeeps were "notorious" for poor handling.

Dr. Ned Walton, a licensed engineer from Bryan, Texas, testified for the police jury as an expert in highway design, traffic engineering, accident reconstruction and human factors. He conceded that the culvert and hole were close to the road, but he thought the signs provided adequate warning. He also conceded there was a minor banking deficiency, but said this should not have been a problem except under icy conditions. Like Dr. Dart, he performed a ball bank test; he also used a standard formula to calculate a safe speed.

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Cite This Page — Counsel Stack

Bluebook (online)
564 So. 2d 760, 1990 La. App. LEXIS 1613, 1990 WL 84443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodson-v-webster-parish-police-jury-lactapp-1990.