Hall v. State, Department of Highways

213 So. 2d 169
CourtLouisiana Court of Appeal
DecidedJuly 29, 1968
Docket2422
StatusPublished
Cited by52 cases

This text of 213 So. 2d 169 (Hall 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
Hall v. State, Department of Highways, 213 So. 2d 169 (La. Ct. App. 1968).

Opinion

213 So.2d 169 (1968)

Moses HALL and Eloise Hall, Plaintiffs-Appellees,
v.
STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Defendant-Appellant.

No. 2422.

Court of Appeal of Louisiana, Third Circuit.

July 29, 1968.
Rehearing Denied August 20, 1968.

*170 Robert J. Jones, Asst. Gen. Counsel, Dept. of Highways, Baton Rouge, for defendant-appellant.

Gold, Hall & Skye, by James D. Davis, Alexandria, for plaintiffs-appellees.

Before TATE, SAVOY, and HOOD, JJ.

TATE, Judge.

The plaintiff parents sue for the wrongful death of their major daughter. The State Department of Highways is made defendant because of its alleged negligence in failing to properly place warning signs or barricades. The Department appeals from adverse judgment awarding damages. The plaintiffs answer the appeal and request an increase.

The principal issue of this appeal concerns whether the state Department of Highways or the local (Parish) governmental authority had the responsibility to post warning signs and a barricade to protect the traveling public at an intersection of a state highway and a parish road. Before discussing this and subsidiary issues, we will outline the factual context in which they arise.

Facts

Prior to the accident, the decedent Shirley Ann Hall was riding as a guest passenger in an automobile driven by James Lee. Lee was driving north on Lincoln Road, a parish road, which intersected with and continued beyond the east-west State Highway 1208-1. However, as will be seen by reference to sketch below, on the north side of the state highway, Lincoln Road has an abrupt 44 change of alignment, so that a northbound driver must pull sharply left after crossing the highway. If instead he proceeds directly north, he will run into a deep drainage *171 canal, 40 feet wide and 25 feet deep, which parallels Lincoln Road very close to it.

The following is a sketch of the scene (not to scale):

The present accident occurred when the driver Lee crossed the state highway and, proceeding straightward, plunged into the canal. His passenger drowned. At the *172 time, there were no warning signs or barricades to warn or protect northbound Lincoln Road traffic.

Duty to Sign or Barricade

An unusually dangerous trap for such traffic resulted from the deep and unobservable water body into which, in effect, northbound traffic suddenly terminated—that is, when the travelway turned sharply left, without barricade or sign to warn of the change of direction. Further, because of the blending coloration of the surface areas and the depression of the canal, headlights of northbound night traffic on Lincoln Road could not alert an oncoming motorist to this trap.

There is no dispute as to the violation of duty on the part of the governmental authority responsible, because of the failure to erect signs or barricades to protect the traveling public from this unusually dangerous hazard resulting from what in effect was the sudden termination of the travelway into a deep and dangerous body of water. Kilpatrick v. State Through Dept. of Highways, 154 So.2d 439 (La.App.2d Cir. 1963); Pierroti v. Louisiana Department of Highways, 146 So.2d 455 (La.App.1962); Carlisle v. Parish of East Baton Rouge, 114 So.2d 62 (La.App. 1 Cir. 1959); Smith v. State Through Dept. of Highways, 87 So.2d 380 (La.App. 1 Cir. 1956); Dowden v. State, 81 So.2d 48 (La.App.2d Cir. 1955); Reeves v. State, 80 So.2d 206 (La.App.2d Cir. 1955). "The highway authorities in the exercise of reasonable care towards motorists are required to post notices and signs warning them of dangerous conditions", Davis v. Department of Highways, 68 So.2d 263 (La.App.2d Cir. 1953). See also (facts very similar to the present): German v. City of New Orleans, 3 So.2d 181 (La.App.Orl.1941); Clinton v. City of West Monroe, 187 So. 561 (La.App.2d Cir. 1939).

In this court, able highway counsel relies upon pronouncements in DeGregory v. State Though Department of Highways, 192 So.2d 834 (La.App. 1 Cir. 1966) and Abboud v. Hartford Acc. & Indemnity Co., 157 So.2d 338 (La.App.3d Cir. 1963). These are to the effect that, at T-intersections with favored highways, the highway safety authorities satisfy their obligation to warn motorists on the sideroad by an ordinary stop-sign, such as was here erected. Aside from other factual distinctions between the cited decisions and the present circumstances, the situation here concerned an unusually great hazard of both frequency and severity of accident. State police statistics admitted in evidence, for instance, showed that in most of the recent years reported there were 7-10 accidents annually involving northbound Lincoln Road traffic running into the canal.

Whose Duty: Parish's or State's?

It is in this context that we approach the central issue in this litigation. The appellant state department insists that it was the duty of the parish to erect signs or barricades to warn and protect against a hazard which was peculiar to northbound traffic on the parish travelway (Lincoln Road), not on the state highway. In contending that, instead, this duty was the state's the plaintiffs rely upon the statutory regulation applicable in 1960, when this accident occurred.

Prior to the enactment of the Louisiana Highway Regulatory Act of 1962 (La.-R.S. 32:1 et seq., Act. 310 of 1962), the pertinent statutory regulation provided as follows: The state department of highways "shall supervise and regulate all traffic on the public highways of this state * * *" LSA-R.S. 32:2, subd. A. The term "Highways" was defined as: "includes every way or place of whatever nature open to the use of the public for the purpose of the vehicular traffic." LSA-R.S. 32:1(8).

In the statutory provisions relating to the duties of the Department of Highways, the relevant enactment provided: "The department shall erect and maintain *173 all signs, signals, or devices necessary for informing, directing, cautioning, and warning the traveling public * * *." LSA-R.S. 48:345 (1950, as amended by Act 501, Section 2, of 1954; repealed by Highway Regulatory Act of 1962).

The Department argues that this power extended only to state highways (i.e., those designated as such by LSA-R.S. 48:191), because its statutory general function is "to study, administer, construct, improve, maintain, repair and regulate the use of the state highway system * * *." However, we believe this construction is negated by the general definition of highways as extending to any public way for traffic, LSA-R.S. 48:1(11). We note also that the statutory language in the enactments refers directly to "state highways" or the "state highway system" when a provision pertains only to them, whereas broader powers not limited just to state highways refer to powers to protect "the traveling public" or to further safe traffic on "[all] highways." See, e.g., LSA-R.S. 48:341-48:348 ("Traffic control and regulation").

Reenforcing this view, prior to 1962 the highway regulatory acts expressly limited traffic regulatory powers granted to local authorities (as well as traffic safety duties) to expressly designated functions. See for instance, the provisions codified by the Louisiana Revised Statutes of 1950: 32:229 (speed), 32:247 (no unreasonable decrease of speed limits), 32:344 (local traffic signs to give notice of local parking and special regulations [only]); 32:380 (nothing herein to limit "cities and towns"

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213 So. 2d 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-state-department-of-highways-lactapp-1968.