Greene v. Succession of Alvarado

210 So. 3d 321, 2015 La.App. 1 Cir. 1960, 2016 La. App. LEXIS 2393
CourtLouisiana Court of Appeal
DecidedDecember 27, 2016
DocketNO. 2015 CA 1960; 2015 CA 1961
StatusPublished
Cited by19 cases

This text of 210 So. 3d 321 (Greene v. Succession of Alvarado) 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
Greene v. Succession of Alvarado, 210 So. 3d 321, 2015 La.App. 1 Cir. 1960, 2016 La. App. LEXIS 2393 (La. Ct. App. 2016).

Opinion

CRAIN, J.

|3The State of Louisiana through the Department of Transportation and Development appeals a judgment arising out of an automobile accident that occurred when motorists encountered ice on a bridge. Finding a reasonable basis in the record for the trial court’s factual findings, we affirm.

FACTS AND PROCEDURAL HISTORY

Unusually cold weather struck south Louisiana on Christmas Day in 2004. Early that morning, Donald Greene left Houma at about 5:00 a.m. to go to work. The weather conditions were cold and wet, but he did not see any snow or sleet. After traveling five or six miles, he came to Prospect Bridge, which crosses the Intra-coastal Canal. Greene traveled up the bridge without incident; however, on the downslope, his truck began fishtailing and impacted the left guardrail, then struck the right guardrail before coming to a stop on the bridge. Shortly after exiting his vehicle, Greene heard screeching tires and looked up to see a vehicle sliding sideways down the bridge toward him. Greene was struck and thrown over the bridge railing, falling approximately 75 feet to the ground below. The driver of the other vehicle, Alex Alvarado, and his guest passenger, Antonio Mendoza, were both killed in the collision, and Greene sustained severe injuries to his back.

Greene filed suit against Alvarado’s succession and DOTD, alleging .that DOTD had knowledge of the impending ice storm and negligently failed to inspect Prospect Bridge and sand or close the bridge before the accident. The parents of Alvarado, Ricardo Flores and Celia Alvarado, filed suit against Greene and his insurer, as well as DOTD. The two proceedings were consolidated, and the respective plaintiffs ultimately resolved and dismissed their claims against each other, leaving only the claims against DOTD. DOTD filed a motion for summary judgment asserting that no fault or negligence on its part caused or contributed to |4the accident, but the trial court denied the motion, and the claims proceeded to a bench trial.

At trial, the parties presented evidence from multiple witnesses, both fact and expert, and submitted numerous joint exhibits. The evidence established that Terre-bonne Parish rarely experiences winter weather events sufficient to produce ice on roadways or bridges. When such conditions are predicted, DOTD’s general procedure is to ensure that its maintenance crew for Terrebonne Parish, which operates out of a facility in Houma, is aware of the situation and that any necessary equipment and materials have been prepared in advance. The eight members of the maintenance crew are on standby, which means they must be available and ready to report to work when needed.

During such events, the goal is to keep roadways open by sanding problematic areas; however, sanding is a slow, laborious process, and if the conditions become too hazardous, roadways that cannot be safely traversed are closed. DOTD supervisory personnel have the authority to close roads due to ice, but the decision is usually made in consultation with, or at the direction of, the Louisiana State Police. When a decision is made to close a bridge or roadway, DOTD uses barricades to block access to the location, a process which, in contrast to sanding, is relatively easy and can be com[325]*325pleted in ten to fifteen minutes per location.

DOTD has designated five roadways and bridges in Terrebonne Parish as priority locations because of them propensity to freeze and heavier volume of traffic. Prospect Bridge, as well as the nearby “Twin Span Bridge,” are among the priority locations, although the top priority is US Highway 90, a high-speed roadway that stretches about nineteen miles across the northern part of Terrebonne Parish and has five interchanges. The DOTD facility in Houma is about eleven 1 ¡¡miles south of the nearest interchange for Highway 90. Prospect Bridge, the site of the subject accident, is about two and one-half miles from the Houma facility.

On December 22, 2004, Louisiana State Police Troop C issued a travel advisory providing, in relevant part, “As we begin our winter season, weather forecasters are currently calling for weather a little different [than we] are used to in south Louisiana, Although the possibility is slight, the current forecast calls for a [possibility of] snow in our area.” Two days later, on December 24, 2004, the National Weather Service issued a weather bulletin at 4:00 p.m. for several cities in south Louisiana, including Houma, confirming that a freeze was forecasted for southeast Louisiana that night and continuing into the Christmas morning hours.

The relevant events unfolding thereafter on December 25, 2004, are summarized as follows:

1:41 a.m. The National Weather Service issues a weather bulletin confirming that a winter weather advisory is in effect until 5:00 p.m. for upper Ter-rebonne Parish, which includes the Houma area. The bulletin states that cold arctic air in the region and a low pressure area from Gulf of Mexico will result in a wintry mix of rain, freezing rain, sleet and snow. General road conditions are not expected to be impacted, but overpasses and bridges may see some light icing conditions during the morning hours, and hazardous traveling conditions may exist over elevated roadways.
2:23 a.m. Troop C receives a report of icing on an overpass on Highway 90 just west of the Terrebonne Parish line. The Troop C station log confirms that this information was contemporaneously communicated to the Lafayette office for DOTD, but the log contains no indication that the information was communicated to the Houma DOTD facility for Terrebonne Parish.
2:29 a.m. The National Weather Center issues another bulletin confirming that a winter weather advisory is in effect, but no accumulation of sleet is expected through the early morning hours, and hazardous road conditions are not expected through 4:00 a.m.
2:54 a.m. A “little bit” of icing is reported on the Twin Span Bridge in Houma. The Troop C station log contains no indication that this information was reported to any office of DOTD.
3:06 a.m. Troop C receives a report of icing on the elevated sections of Highway 90. This information is communicated to several DOTD | (¡offices, including Bridge City, the 24-hour dispatch for the DOTD Houma facility-
3:15 a.m. Bridge City contacts Leonard Naville, the DOTD maintenance superintendent for Terrebonne Parish, and advises him of an accident and ice at the Highway 90 overpass for La. Highway 311, an intersection that is [326]*326about eleven miles north of the DOTD Houma facility.1
3:30 a.m. A six-person crew, including Naville, assembles at the DOTD facility in Houma. The entire crew leaves for the Highway 90/311 overpass in two vehicles, a dump truck previously loaded with sand and a pickup truck containing some barricades.
3:46 a.m. The crew arrives at the Highway 90/311 overpass. Shortly after arriving, Naville speaks to a state trooper at the scene who instructs Naville to close the overpass.
3:46 a.m.— The crew spends about one hour sanding and barricading the Highway 4:46 a.m. 90/311 overpass. The crew then returns to the DOTD facility to retrieve more barricades.
5:00 a.m. The crew arrives back at the DOTD facility and begins loading barricades.
5:10 a.m.

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Cite This Page — Counsel Stack

Bluebook (online)
210 So. 3d 321, 2015 La.App. 1 Cir. 1960, 2016 La. App. LEXIS 2393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-succession-of-alvarado-lactapp-2016.