Edwards v. State, Department of Highways

271 So. 2d 672, 1972 La. App. LEXIS 6234
CourtLouisiana Court of Appeal
DecidedDecember 26, 1972
DocketNos. 9060, 9061
StatusPublished
Cited by5 cases

This text of 271 So. 2d 672 (Edwards v. State, Department of Highways) 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
Edwards v. State, Department of Highways, 271 So. 2d 672, 1972 La. App. LEXIS 6234 (La. Ct. App. 1972).

Opinion

BLANCHE, Judge.

These two consolidated suits arose out of an automobile accident which resulted in the death of Lawson L. Edwards, minor son of Harold S. Edwards and Virginia Edwards, plaintiffs herein. The accident occurred on May 17, 1968, at approximately 2:00 A.M. in the Parish of Tangipahoa, Louisiana, on U.S. Highway 190 where the Department of Highways, through its contractor, was replacing a bridge across the Tangipahoa River and had constructed a temporary detour bridge. Lawson Edwards, with his guest passenger, Bobby Mclnnis, was traveling west from Coving-ton toward Hammond, had crossed the temporary bridge and was proceeding off the detour and back onto the main highway when the automobile he was driving failed to negotiate the curve and struck the bridge abutment on the left side of the roadway.

In appellate Suit No. 9060 plaintiffs, Harold S. Edwards and Virginia Edwards, individually and as administrators of the estate of their minor son, sued the Department of Highways, State of Louisiana; its contractor, Lee A. Holland, Ruby H. Holland and W. R. Aldrich and Company; and the contractor’s liability insurer, National Surety Corporation, for damages sustained by them as a result of the accident. In appellate Suit No. 9061 plaintiff, Emmco Insurance Company, the collision insurer of the car driven by Lawson Edwards and owned by Mrs. Eula Lee Mc-lnnis, claimed by subrogation the amount paid to Mrs. Mclnnis under their policy of insurance. In this suit Mrs. Mclnnis also sued to recover her $50 deductible. The [674]*674same parties were made defendants in both suits. Although Associated Transport Company of Texas, Inc., was also named as a defendant, the suits were compromised prior to trial as to this defendant.

In regard to the alleged negligence of the Department of Highways, the thrust of plaintiffs’ case was based on three counts, that the Department (1) failed to maintain warning signals in the proper positions at the detour, (2) did not maintain the detour in a safe condition, and (3) participated in designing and creating a “death trap” in a well-traveled section of the highway. Alternatively, the contractor was also alleged to be negligent in the same respects.

Defendants in both suits answered, generally denying plaintiffs’ allegations, contending that the sole cause of the accident was the negligence of Lawson L. Edwards and alternatively pleading contributory negligence on his part.

The trial court took the matter under advisement after the trial thereof and subsequently rendered judgment in Suit No. 9060 for plaintiffs, Harold S. Edwards and Virginia Edwards, against the defendant, Department of Highways, State of Louisiana, in the sum of $30,000 to each plaintiff plus the sum of $943 for funeral expenses. In Suit No. 9061 judgment was rendered in favor of plaintiff, Emmco Insurance Company, against defendant, Department of Highways, State of Louisiana, in the sum of $2,570.40, and further in favor of plaintiff, Mrs. Eula Lee Mclnnis, for $50 against said defendant. In both suits plaintiffs’ claims against Lee A. Holland, Ruby H. Holland, W. R. Aldrich and Company and National Surety Corporation were dismissed. From these judgments, the defendant, Department of Highways, has appealed. We reverse.

Defendant, Department of Highways, contends that the trial court erred (1) in finding the Department of Highways negligent, (2) in finding that the proximate cause of the accident and death of Lawson Edwards was the design of the detour in question, (3) alternatively in failing to find Lawson Edwards contributorily negligent, and (4) alternatively in awarding to plaintiffs amounts in excess of those supported by the jurisprudence.

In his Written Reasons for Judgment, the trial judge stated as follows :

“The Court is convinced beyond any doubt that the proximate cause of the accident and resulting death of Lawson Edwards was the design of the detour in the project involved in this litigation. The testimony established that this was a most dangerous detour constructed at a location and in a manner which created a most hazardous situation, a hazard too severe to be contemplated by the average traveling motorist.” (Written Reasons for Judgment, Record, p. 253)

These cases are disposed of by our finding that plaintiffs failed to prove by a preponderance of the evidence that the cause of the accident was the faulty design of the highway detour by the Department of Highways. The charge of defective design or “death trap” as a cause in fact of the accident came about as a result of the testimony of Bobby Mclnnis, the only passenger in the vehicle, who was “propped up” on the back seat.

Mclnnis testified that just before the vehicle crashed into the bridge abutment, he heard Lawson Edwards exclaim “Oh My God” and with this exclamation he “came up from the back seat * * * and there was a pair of lights, headlight[s], that looked like they were going to go through us or over us or hit us or something like this and there was the crash.”

To explain the emergency of another vehicle on Edwards’ side of the road, the plaintiffs sought to show that the accident was the result of the faulty design of the highway detour rather than the negligence of the driver of such vehicle. This showing came primarily from lay witnesses who testified that as they were proceeding westerly through the detour (the same [675]*675direction in which Edwards was proceeding) and met an eastbound vehicle turning into the west end of the detour they would be required to slow or stop their vehicle at that point because of the threat of encroachment of the eastbound vehicle on their side of the road. No other vehicle was found at the scene of the accident. Sergeant Charles E. Chandler of the Louisiana State Police speculated that if another vehicle had been on Edwards’ side of the road that, because of the sharp curve which the detour makes in order to reenter the highway and the direction of travel of the Edwards’ vehicle across the opposite lane, a collision should have occurred between the vehicles. The other investigating officer likewise did not find any evidence of another vehicle at the scene of the accident. Additionally, Edwards left 81 feet of skid marks which went in a straight line from Edwards’ lane of travel across the opposite lane of travel to the place where the car came to rest against the bridge abutment. It is doubtful, with his wheels locked in a skid, whether Edwards would have been able to make a maneuver to avoid another vehicle. Only Bobby Mclnnis’ testimony places another vehicle at the scene and his condition was described by Angela Howes Brady, Edwards’ date for that evening whom they had just taken home, as being “not very sober.”1 Thus, the proof of another vehicle on Edwards’ side of the road hinges solely on the testimony of Mclnnis which we do not regard as persuasive. However, the case need not be decided on Mclnnis’ credibility because even if there were a vehicle on Edwards’ side of the road, there is no proof that it was there as a result of the faulty design of the detour.

The preponderance of the evidence is overwhelming to the effect that vehicles could safely negotiate the entrance to the detour without encroaching over the center line if the posted speed limit were obeyed. Webster’s Seventh New Collegiate Dictionary defines “detour” as “a roundabout way temporarily replacing part of a route.” The detour was a temporary construction and was not designed to be traveled at normal highway speed.

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Related

Oliver v. Parish of Jefferson
408 So. 2d 275 (Louisiana Court of Appeal, 1981)
Holubar v. State
385 So. 2d 362 (Louisiana Court of Appeal, 1980)
Norris v. State
337 So. 2d 257 (Louisiana Court of Appeal, 1976)
Vervik v. State, Department of Highways
302 So. 2d 895 (Supreme Court of Louisiana, 1974)
Edwards v. State
274 So. 2d 391 (Supreme Court of Louisiana, 1973)

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Bluebook (online)
271 So. 2d 672, 1972 La. App. LEXIS 6234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-state-department-of-highways-lactapp-1972.