Faucheaux v. Terrebonne Consol. Government

615 So. 2d 289, 1993 WL 43888
CourtSupreme Court of Louisiana
DecidedFebruary 22, 1993
Docket92-C-0930
StatusPublished
Cited by229 cases

This text of 615 So. 2d 289 (Faucheaux v. Terrebonne Consol. Government) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faucheaux v. Terrebonne Consol. Government, 615 So. 2d 289, 1993 WL 43888 (La. 1993).

Opinion

615 So.2d 289 (1993)

Audrey D. FAUCHEAUX, Individually and as Administratrix of the Succession of Clay J. Faucheaux, and for and in Behalf of her Children, Clay A., Eric J. and Neal J. Faucheaux
v.
TERREBONNE CONSOLIDATED GOVERNMENT, et al.

No. 92-C-0930.

Supreme Court of Louisiana.

February 22, 1993.
Rehearing Denied March 25, 1993.

*290 Eldon E. Fallon, Elizabeth Rue Bridgeman, Gainsburgh, Benjamin, Fallon, David & Ates, New Orleans, Johnny X. Allemand, Thibodaux, for applicant.

Robert A. Chaisson, Chaisson & Chaisson, Destrehan, C. Berwick Duval, II, Duval, Funderburk, Sundbery & Lovell, Houma, for respondents.

HALL, Justice.[*]

Clay J. Faucheaux died of a heart attack as a result of physical and mental stress he experienced when the fishing boat he was operating in a canal was struck by a descending gate which blocked the canal. His wife and children brought suit for survival and wrongful death damages against the Terrebonne Parish Consolidated Government and Terrebonne Parish Water District No. 1 (hereafter collectively called Terrebonne *291 Parish), owner and operator of the gate. After trial, judgment was rendered in favor of the defendants, dismissing plaintiffs' suit. The judgment was affirmed on appeal. Faucheaux v. Terrebonne Consol. Gov., 597 So.2d 503 (La. App. 1st Cir.1992). We granted writs, 599 So.2d 305 (La.1992), and now reverse.

The facts are accurately set forth in the court of appeal opinion:

"On September 14, 1985, at about 5:10 a.m. Clay J. Faucheaux picked up his nephew, Bernard Faucheaux at Nicholls State University in Thibodeaux where he was a student, to go on a fresh water fishing trip. They drove to Cannon's Landing, where at about 5:45 a.m. just as daylight was breaking, they launched Clay J. Faucheaux's 16½ foot bass boat. Clay Faucheaux was at the controls which were located at the approximate center of the boat. Bernard was seated in the rear. They left the launch, turned right and proceeded on Black Bayou for 400 or 500 hundred yards to the highway 90 bridge where they turned left under the bridge into Minor's Canal. They were travelling at idle speed estimated to be about 5 knots. Located 400 feet down Minor's Canal from the bridge there is a levee structure which closes off the entire canal except for an opening measuring approximately 8×8. This opening can be closed by what is termed a Tainter gate. When closed this gate prevents salt water from intruding through Minor's Canal. The gate, which is a solid metal structure, is opened and closed by being raised and lowered by an electric motor. The gate has three positions; locked open which means the gate is up, locked closed which means the gate is down in the water and can be opened only by T.P. personnel, and `on the button' which means the gate is down but can be opened by pressing a button which is located on the bottom of the levee to the right when approaching from the Highway 90 bridge. The button can be pressed from a boat. When pressed the gate opens and remains open for 1½ minutes when it automatically closes again. It closes very slowly at 1.1 inches per second.
"Bernard Faucheaux had never been through the gate prior to that morning with his uncle. He saw the structure when the boat turned into Minor's Canal at the bridge. He noted another boat going through. He then proceeded to arrange his fishing equipment and without looking further. He did not look back up until he heard his uncle exclaim, `That sucker's coming down!' He then looked up and saw the boat already in the passageway where the gate was located. At that time the gate was about 4 to 6 inches above the front of the boat, coming down. His uncle left his position, went to the front of the boat and tried to push it back from the gate by pushing against the side of the levee. Bernard followed suit. When that effort did not accomplish its purpose they decided to exit the boat. They did so by going to the back and getting out on the levee on the left side.
"After they exited the boat the gate kept descending, pushing it under. Their equipment was floating on the water. His uncle asked for directions to the button from people in another boat. He then proceeded up the levee to a bridge which crossed the opening containing the gate. He crossed the bridge, walked down the levee on the other side and pressed the button. He then collapsed and died.
"Clay J. Faucheaux had a history of heart trouble including a prior heart attack. The undisputed cause of death was ventricular fibrillation brought on by the excitement and stress of the incident with the gate." Id., at 505.

The evidence also established that there were no horns, whistles, colored lights or other warnings to indicate that the gate was descending. There was one white light near the top of the structure designed to come on when the gate is closing. Further, there was no warning to indicate whether the gate was in the locked open position or "on the button." The gate was kept in the locked open position at least ninety percent of the time. There was *292 evidence that Clay Faucheaux had fished in this area before, but there was no evidence to show whether he was familiar with the manner in which the gate operated or whether he had ever seen the gate in the down or "on the button" position.

Throughout this litigation, plaintiffs have sought to recover on the basis of the parish's negligence in failing to provide adequate warnings when the gate was descending. The trial court found that Mr. Faucheaux should have seen the descending gate and that the accident was solely his fault in not keeping a proper lookout. The court of appeal correctly found that the parish's duty in regard to traffic on the canal was similar to that of a governing authority with jurisdiction over a street or highway. There is a duty to provide warnings sufficient to warn travelers of any unusual obstacles, perilous conditions or defects that entail danger to the physical safety of those proceeding on such routes. The court of appeal also found, erroneously as applied to this case, that in order for the parish to have a duty to provide warnings, the parish must have knowledge of the existence of a dangerous condition, and that the evidence in this case did not establish such knowledge.

A duty-risk analysis is helpful in resolving a negligence case such as this. In making the requisite analysis, four questions are to be considered:

(1) Was the conduct in question a cause-in-fact of the resulting harm?
(2) What, if any, duties were owed by the respective parties?
(3) Were the requisite duties breached?
(4) Was the risk and harm caused within the scope of protection afforded by the duty breached?

Mart v. Hill, 505 So.2d 1120 (La. 1987). For plaintiff to recover on a negligence theory, all four inquiries must be affirmatively answered.

CAUSE-IN-FACT

Cause-in-fact is generally a "but for" inquiry; if the plaintiff probably would not have sustained the injuries but for the defendant's substandard conduct, such conduct, is a cause-in-fact. Fowler v. Roberts, 556 So.2d 1, 5 (La.1989). To the extent that the defendant's actions had something to do with the injury the plaintiff sustained, the test of a factual, causal relationship is met. Hill v. Lundin & Associates, Inc., 260 La. 542, 256 So.2d 620, 622 (1972).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Domingue v. TA Operating LLC
M.D. Louisiana, 2023
Eros Pellerin v. Foster Farms, L.L.C.
Louisiana Court of Appeal, 2023
Evans v. Lopinto
E.D. Louisiana, 2022

Cite This Page — Counsel Stack

Bluebook (online)
615 So. 2d 289, 1993 WL 43888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faucheaux-v-terrebonne-consol-government-la-1993.