Hollingsworth v. STATE EX REL. DOTD

663 So. 2d 357, 1995 WL 579735
CourtLouisiana Court of Appeal
DecidedOctober 4, 1995
Docket95-285
StatusPublished
Cited by3 cases

This text of 663 So. 2d 357 (Hollingsworth v. STATE EX REL. DOTD) 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
Hollingsworth v. STATE EX REL. DOTD, 663 So. 2d 357, 1995 WL 579735 (La. Ct. App. 1995).

Opinion

663 So.2d 357 (1995)

Susan B. HOLLINGSWORTH, et al., Plaintiffs-Appellees,
v.
STATE of Louisiana, THROUGH DOTD, Defendant-Appellant.

No. 95-285.

Court of Appeal of Louisiana, Third Circuit.

October 4, 1995.
Writ Denied January 12, 1996.

*358 John Wyeth Scott, Alexandria, for Susan B. Hollingsworth, et al.

Ted David Hernandez, Natchitoches, for State of Louisiana Through DOTD.

Before DOUCET, C.J., and YELVERTON and PETERS, JJ.

YELVERTON, Judge.

This appeal is from a judgment awarding damages to Susan Hollingsworth and daughter Christy for the deaths of Jerry Hollingsworth and 10-year-old son Todd. Jerry and Susan had been married but were divorced at the time of the accident, although they still lived together. Christy and Todd were their two children. The trial court found that the deaths of Jerry and Todd were caused by the sole fault of the State of Louisiana, through the Department of Transportation and Development (DOTD).

The accident occurred on November 11, 1990 around 9:00 p.m. at the intersection of US 165 and Business US 165 (Military Road) in Pineville. Jerry and Todd were traveling northbound on Highway 165 on a motorcycle when they collided with Marshall Winn's truck. Winn had been traveling southbound on Highway 165 and was attempting to make a left turn onto Military Road. Todd died immediately and Jerry died at the hospital that night.

Settlement with other defendants left DOTD as the only party remaining at trial. The trial court found that the DOTD was 100% at fault for the accident because there was no traffic light at this intersection, and that a traffic light would have prevented the accident. Damages were awarded to both Susan and Christy. The DOTD appeals the finding that it was 100% at fault for this accident, the award of damages for loss of inheritance, the award for loss of support to Christy, and the award for Jerry's pre-impact fear.

Both Susan and Christy answered the appeal. Christy alleges that the award for loss of inheritance should be increased. In the alternative, Susan and Christy claim that they are entitled to an award for loss of past and future earnings. Christy has also asked for an increase in the loss of support award.

FAULT

The DOTD alleges that the trial court should have found Winn, the truck's driver, negligent. It claims that Winn was the proximate cause of this accident when he made a *359 left turn, failing to see the oncoming Hollingsworth motorcycle.

Cause in fact is a factual question to be determined by the fact finder. A court of appeal may not set aside a trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." In order to reverse a fact finder's determinations of fact, an appellate court must review the record in its entirety and meet the following two-part test: (1) a reasonable factual basis does not exist for the finding of the trial court, and (2) the record establishes that the fact finder is clearly wrong or manifestly erroneous. Theriot v. Lasseigne, 93-2661 (La. 7/5/94); 640 So.2d 1305.

A reasonable factual basis exists for the trial court's finding that the negligence of the DOTD in failing to install a traffic signal at this intersection was the cause of the accident. The trial court was not manifestly erroneous or clearly wrong in its finding of fault.

Much evidence was introduced at trial with regard to the installation of a traffic signal at this intersection. Experts for both sides testified, in addition to several witnesses, with regard to the need for a traffic signal light.

This is far from being a typical intersection. There are ten lanes of traffic entering this intersection and seven lanes of traffic exiting. The intersection sits on top of a hill and is in a curve. Military Road enters Highway 165 at a 45° angle as opposed to a 90° angle.

It was revealed that along Highway 165 where this intersection is located there was a long history involved with respect to traffic signals. In January of 1987, the mayor of Pineville forwarded a resolution to the Office of Highways expressing a need for proper signal devices from the Proctor and Gamble Manufacturing Company to the Pineville Expressway which includes the intersection in question. Correspondence from the DOTD indicates that highway reconstruction was scheduled for this area and that it wanted to wait until the project was far enough along to determine what control devices would be needed. The intersection involved was on the two-lane section of Highway 165 which was to be four-laned. On May 28, 1987, Buck Morton, district traffic operations engineer, wrote a letter indicating that a traffic signal would meet the minimum requirements at the questioned intersection but that traffic counts would not be done until construction was completed. Morton wrote another letter on July 12, 1990, explaining that the installation of a traffic signal at this intersection was delayed because construction plans were changed. In this letter he made the recommendation that a signal light be installed at the intersection as soon as possible due to the wide expanse of the intersection and the close proximity of the signals.

There was an attempt to put a traffic signal at this intersection in July 1990. However, the drawing the signal crew had of the intersection did not match the actual intersection. A traffic signal that was scheduled for installation at another intersection on the highway was installed at the same time, but the signal crew was told to hold off on this one because of the discrepancy. This accident happened on November 11. The traffic signal was finally installed in December 1990.

Dr. John Glennon, a civil engineer, was the expert who testified on behalf of the plaintiffs. Dr. Glennon testified that this was a difficult intersection to operate safely and efficiently, especially at night, because of several design elements. Dr. Glennon discussed the difficulties that these design elements caused for a driver. He explained that the intersection is situated on top of a hill and in a curve, Military Road enters the intersection at a 45° angle as opposed to a 90° angle, and it is a very large area. There is also a fence around a pumping station in the median which blocks some of the vision of oncoming cars.

Dr. Glennon explained that a driver making a crossing maneuver is exposed to oncoming cars for a longer period of time so he needs to see the traffic for a greater distance. The sight distance is the distance required by a driver making a maneuver through the intersection to see traffic that conflicts with that maneuver. He calculated that the sight distance for a southbound motorist in the left turning lane is 550 feet. *360 Based on the time of exposure and the speed of oncoming traffic, 825 feet of sight distance is required. With the fence blocking vision, the sight distance is around 400 feet. Based on these conclusions, he found the sight distance at this intersection to be in violation of the standards for intersections published by the American Association of State Highway and Transportation Officials. He concluded that the accident was likely to happen if the motorcycle was between 300 and 825 feet from the intersection. It would be difficult for a driver at the intersection to see a motorcycle in this area.

Dr. Glennon also explained "warrants," a list of reasons to justify a traffic signal. He found that a traffic signal was both "warranted" and needed prior to November 11, 1990, for both movement and traffic safety. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
663 So. 2d 357, 1995 WL 579735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollingsworth-v-state-ex-rel-dotd-lactapp-1995.