Duffy v. State ex rel. Department of Transportation & Development

668 So. 2d 1349, 95 La.App. 1 Cir. 1398, 1996 La. App. LEXIS 485
CourtLouisiana Court of Appeal
DecidedFebruary 23, 1996
DocketNo. 95 CA 1398
StatusPublished
Cited by1 cases

This text of 668 So. 2d 1349 (Duffy v. State ex rel. Department of Transportation & Development) 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
Duffy v. State ex rel. Department of Transportation & Development, 668 So. 2d 1349, 95 La.App. 1 Cir. 1398, 1996 La. App. LEXIS 485 (La. Ct. App. 1996).

Opinion

|2CARTER, Judge.

This is an appeal from a trial court judgment in an action for damages.

[1351]*1351 FACTS

On January 20,1990, William J. Duffy, III, a student at Nicholls State University in Thibodaux, Louisiana, was riding Ms bicycle in an easterly direction on Ardoyne Drive toward its intersection with Louisiana Highway 648. At this intersection, the traffic on Ardoyne Drive is controlled by a stop sign and two red, flashing lights. The traffic on Louisiana Highway 648 is controlled by yellow no passing zones and yellow, flasMng lights.

It had just rained, and the streets were wet. As Duffy proceeded through the intersection of Ardoyne Drive and Louisiana Highway 648, he was struck by a veMcle traveling south on Louisiana Highway 648. As a result of the collision, Duffy sustained serious injuries.

On December 21, 1990, Duffy filed a petition for damages arising out of the January 20, 1990, accident. Named as defendants in the action were: the State of Louisiana, through the Department of Transportation and Development (DOTD); Troy Fields, the driver of the veMcle which struck Duffy; Lillian Nickell, owner of the veMcle which struck Duffy; and State Farm Insurance Company (State Farm), liability insurer of Nickell. In answering Duffy’s petition, DOTD alleged that Duffy’s negligence was the sole cause of the accident.

On January 29, 1991, Blue Cross/Blue Shield of Louisiana (Blue Cross) filed a petition for intervention, alleging that, on the date of the accident, Duffy was covered under a policy of insurance issued to his mother and that Blue Cross had paid $48,570.15 in medical payments on behalf of Duffy and continued to make payments. Blue Cross alleged that it was subrogated to Duffy’s rights against all defendants to the extent of all payments made or to be made on Ms behalf.

On June 30, 1992, Duffy, State Farm and Fields, and Blue Cross filed a joint motion and order for dismissal. In the order, the parties set forth that the matter ^between them had been fully compromised and settled and that they desired to dismiss with prejudice all claims, with Duffy reserving any and all rights against DOTD. On July 1, 1992, the trial judge signed the order, dismissing the parties with prejudice and reserving Duffy’s rights against DOTD.

On March 6, 1995, trial on the merits was held.2 On March 20, 1995, the trial court rendered judgment in favor of DOTD and against Duffy, finding that the accident occurred as a result of Duffy’s sole negligence. On April 5, 1995, the trial court signed a judgment, dismissing Duffy’s demands against DOTD at his costs.

On April 25, 1995, Duffy and Blue Cross appealed the trial court judgment, assigning the following specifications of error:

(1) The judge’s conclusion that the accident was caused by the sole negligence of the cyclist is manifestly erroneous, because the judge failed to consider the overwhelming factual evidence that the State’s lack of maintenance was the proximate cause of the accident.
(2) The Court failed to apportion fault and damages caused by the State’s negligence and breach of its duty. Under Louisiana Code of Civil Procedure Article 2164, we ask this Honorable Court to render a judgment which is just, legal, and proper upon the record.

LIABILITY OF DOTD

Duffy and Blue Cross contend that the trial court erred in finding that Duffy’s negligence was the sole cause of the accident. Duffy and Blue Cross reason that the trial court failed to consider certain factual evidence regarding DOTD’s lack of maintenance, which Duffy and Blue Cross allege was the proximate cause of the accident.

In order to determine whether liability exists under the facts of a particular case, [1352]*1352the courts have adopted the duty-risk analysis. Under this analysis, a plaintiff must prove that:

1) the conduct in question was the cause-in-faet of the resulting harm;
2) the defendant owed a duty of care to plaintiff;
|⅜3) the requisite duty was breached by the defendant; and
4) the risk of harm was within the scope of protection afforded by the duty breached.

Mundy v. Department of Health and Human Resources, 620 So.2d 811, 813 (La.1993); Faucheaux v. Terrebonne Parish Consolidated Government, 615 So.2d 289, 292 (La.1993); Mart v. Hill, 505 So.2d 1120, 1122 (La.1987); Burdis v. Lafourche Parish Police Jury, 618 So.2d 971, 975 (La.App. 1st Cir.), writ denied, 620 So.2d 843 (La.1993).

The first inquiry is whether the conduct in question is a eause-in-fact of the harm which occurred. Cause-in-fact is usually a “but for” inquiry which tests whether the injuries would not have occurred but for the defendant’s substandard conduct or if the conduct is a substantial factor in bringing about the injuries. Cay v. State, Department of Transportation and Development, 93-0887 p. 5 (La. 1/14/94); 631 So.2d 393, 395; Fowler v. Roberts, 556 So.2d 1, 5 (La.1989); Burdis v. Lafourche Parish Police Jury, 618 So.2d at 975; Robinson v. Pearah, 525 So.2d 1071, 1072 (La.App. 1st Cir.1988). A cause-in-fact determination is one of fact on which appellate courts must accord great deference to the trial court. Cay v. State, Department of Transportation and Development, 631 So.2d at 398; Bohmfalk v. City of New Orleans, 628 So.2d 1143, 1147 (La.App. 4th Cir.1993), writ denied, 93-3140 (La.2/11/94); 634 So.2d 376. See Rick v. State, Department of Transportation and Development, 93-1776 p. 8 (La.1/14/94); 630 So.2d 1271, 1275. In Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993), the Louisiana Supreme Court enunciated a two-part test for the reversal of a factfinder’s determinations: (1) The appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). This test dictates that a reviewing court must do more than simply review the record for some evidence which supports or controverts the trial court’s finding. The reviewing court must preview the record in its entirety to determine whether the trial court’s finding was clearly wrong or manifestly erroneous. Sto-bart v. State, Department of Transportation and Development, 617 So.2d at 882. The issue to be resolved by a reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder’s conclusion was a reasonable one. Stobart v. State, Department of Transportation and Development, 617 So.2d at 882.

In the instant case, the trial judge concluded that Duffy’s negligence was the sole cause of the accident. In his written reasons for judgment, the trial judge stated:

[T]his accident occurred due to the sole negligence of the plaintiff, in riding a bicycle on an unfamiliar street, approaching an unfamiliar intersection at which he saw a flashing light, in a misting rain, with his head down and his eyes upon the roadway, without making any attempt to insure that his way was clear. Even if the flashing light were yellow, plaintiff had the obligation to proceed with caution.

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668 So. 2d 1349, 95 La.App. 1 Cir. 1398, 1996 La. App. LEXIS 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duffy-v-state-ex-rel-department-of-transportation-development-lactapp-1996.