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

836 So. 2d 686, 2002 La.App. 4 Cir. 0576, 2003 La. App. LEXIS 153, 2003 WL 298305
CourtLouisiana Court of Appeal
DecidedJanuary 15, 2003
DocketNo. 2002-CA-0576, 2002-CA-0577
StatusPublished
Cited by2 cases

This text of 836 So. 2d 686 (Ferrouillet 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
Ferrouillet v. State ex rel. Department of Transportation & Development, 836 So. 2d 686, 2002 La.App. 4 Cir. 0576, 2003 La. App. LEXIS 153, 2003 WL 298305 (La. Ct. App. 2003).

Opinions

JjMICHAEL E. KIRBY, Judge.

1In these consolidated cases, the State of Louisiana Through the Department of Transportation and Development (“DOTD”), appeals a trial court judgment finding it 30% at fault for injuries suffered by plaintiffs Carl Johnson and Jocenta Ferrouillet in a February 15, 1994 automobile accident.

On February 15, 1994, at approximately 4:45 a.m., a vehicle operated by Myron Harris and insured by State Farm Mutual Automobile Insurance Company (“State Farm”) entered the Elysian Fields exit of 1-10 East and collided head-on with a vehicle operated by Jocenta Ferrouillet. Plaintiff, Carl Johnson, was a guest passenger in Harris’ vehicle. In separate actions that were later consolidated, Johnson and Ferrouillet each filed suit against Harris, State Farm and DOTD. Ferrouillet filed her suit individually and on behalf of her minor son, Keith. Ferrouillet’s older son, Eric Ferrouillet, Jr., was also listed as a plaintiff, but dismissed his claim for loss of services before trial began.

Following trial, a jury found Harris and State Farm 70% at fault for the accident, and found DOTD 30% at fault. The jury found no negligence on the part of DOTD, but found that the absence of signs created a defect in the Elysian Fields Lexit ramp for which DOTD was strictly liable. The jury awarded damages totaling $1,121,892.00 to Jocenta Ferrouillet, $166,623.00 to Carl Johnson and $2,500.00 to Keith Ferrouillet. The trial court found that the jury verdict should be made the judgment of the court, and rendered judgment accordingly. Both the DOTD and Carl Johnson subsequently filed motions for judgment notwithstanding the verdict or, alternatively, motions for new trial. The trial court denied the DOTD’s motions, but granted Johnson’s motion for judgment notwithstanding the verdict and increased his general damage award from $5,000.00 to $200,000.00. DOTD appealed.

On appeal, the DOTD first argues that the jury erred in assigning 30% fault to it because the evidence showed that Harris was 100% fault for the accident. In its interrogatories, the jury found that the absence of signs created a defect in the Elysian Fields exit ramp that caused injuries to the plaintiffs. In order for DOTD to be held strictly hable in this case, the plaintiffs had the burden of proving (1) that the thing that caused the damage was in the DOTD’s care, custody and control; (2) that the thing had a vice, ruin, or defect that presented an unreasonable risk of harm; and (3) that the vice, ruin or defect was the cause-in-fact of the plaintiffs dam[688]*688ages.2 Lasyone v. Kansas City Southern Railroad, 2000-2628, PP. 6-7 (La.4/3/01), 786 So.2d 682, 689. To recover, plaintiff bears the burden of proving these elements in the affirmative, and the failure on any one is fatal to the case. Id.

It is undisputed that the exit ramp where the accident occurred was in the care, custody and control of the DOTD. Therefore, the issues before us are | ¡^whether inadequate signage rendered this roadway defective and was a cause of this accident.

Inadequate traffic signs may create an unusually hazardous risk to a driver exercising reasonable care and prudence, and the DOTD may be liable for damage caused by that hazardous condition. Menard v. City of Lafayette, 2001-4, p. 4 (La.App. 3 Cir. 5/23/01), 786 So.2d 354, 357, citing Burge v. City of Hammond, 509 So.2d 151 (La.App. 1 Cir.1987). Furthermore, the DOTD has a duty to maintain the public highways in a condition that is reasonably safe not only for persons exercising care and reasonable prudence, but also for those who are slightly exceeding the speed limit or who are momentarily inattentive. Bullard v. State, Department of Transportation and Development, 98-1942 (La.App. 1 Cir. 11/5/99), 744 So.2d 212. However, the scope of DOTD’s duty to maintain highways in a safe manner does not include the risk of injury or death caused by the gross negligence of a third party motorist. Curry v. Johnson, 590 So.2d 1213 (La.App. 1 Cir.1991).

The breach of duty is a question of fact, or a mixed question of law and fact, and the reviewing court must accord great deference to facts found and inferences drawn by the finder of fact. Harvey v. State, Department of Transportation and Development, 2000-1877, p. 3 (La.App. 4 Cir. 9/26/01), 799 So.2d 569, 573, writ denied, 2002-0003 (La.3/15/02), 811 So.2d 910. Causation is a question of fact and the trier of fact’s determinations are entitled to great weight and cannot be disturbed absent manifest error. Id.

The evidence showed that as Harris exited the truck stop parking lot, he turned in a slightly southbound direction while on one of the northbound lanes of Elysian Fields. He crossed Elysian Fields in a diagonal direction facing |4northbound traffic, and then crossed a divider lane marked with white stripes and reflective markers before reaching the bottom of the Elysian Fields I — 10 East exit ramp. He entered the exit ramp and drove up the ramp until his car collided head-on with a car driven by Jocenta Ferrouillet.

The plaintiff and the DOTD both presented the testimony of experts in the field of traffic safety and engineering. Dr. Olin Dart was accepted as an expert in traffic engineering and traffic safety. Dr. Dart said that after plaintiff retained him in May 1994, he went to the accident site and took measurements and photographs and evaluated the site. The plaintiff introduced those photographs into evidence. Dr. Dart studied the layout of the design of the ramp where the accident occurred and the traffic control devices at that location, where the Elysian Fields exit from I-10 East merges with northbound Elysian Fields Avenue. He concluded that this location was unsafe and had inadequate traffic control devices to prevent the type of accident that occurred. When asked if there were signage' to prevent a motorist [689]*689from coming out of the Mardi Gras Truck Stop and turning the wrong way, Dr. Dart testified that signage itself cannot prevent someone from doing something wrong. However, he stated that if a sign were there and a motorist had the opportunity to evaluate the sign, hopefully that motorist would make the right decision.

Dr. Dart testified that the exit ramp in question was not uncommon, but the manner in which traffic from the 1-10 East exit ramp at Elysian Fields merges into Elysian Fields northbound in the inside left lane is unique. His opinion is that DOTD should have added the following signs: 1) a “No Left Turn” sign at the truck stop exit, 2) a one-way sign on the median of Elysian Fields pointing northbound, 3) a “Do Not Enter” sign at the base of the exit ramp, and 4) a “Wrongs Way” sign further up the ramp. His opinion was that the DOTD’s failure to place either one or a combination of these signs rendered the area of the bottom of the ramp unreasonably dangerous, especially for motorists coming out of the truck stop.

Dr. Dart explained that the Manual on Uniform Traffic Control Devices (“MUTCD”) was compiled and is periodically revised by a national committee on the subject of how traffic signs, traffic signals and pavement markings should be placed on roadways. He stated that Louisiana has adopted the provisions of the national manual verbatim. There is no provision in the manual dealing with the placement of signs for the specific type of exit ramp at issue in this case.

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Bluebook (online)
836 So. 2d 686, 2002 La.App. 4 Cir. 0576, 2003 La. App. LEXIS 153, 2003 WL 298305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrouillet-v-state-ex-rel-department-of-transportation-development-lactapp-2003.