Hunter v. City of Shreveport

935 So. 2d 300, 2006 La. App. LEXIS 1433, 2006 WL 1751765
CourtLouisiana Court of Appeal
DecidedJune 28, 2006
DocketNos. 41,192-CA, 41,193-CA
StatusPublished
Cited by3 cases

This text of 935 So. 2d 300 (Hunter v. City of Shreveport) 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
Hunter v. City of Shreveport, 935 So. 2d 300, 2006 La. App. LEXIS 1433, 2006 WL 1751765 (La. Ct. App. 2006).

Opinion

PEATROSS, J.

_]jThis case arises from an automobile accident that occurred on December 13, 2003, when a vehicle driven by Josh Hunter stalled on the 1-220 West bridge over Cross Lake in Shreveport, Louisiana, and was hit by a vehicle driven by Mary Cren-shaw. As a result of the accident, Mr. Hunter sustained numerous and severe injuries. He sued Mrs. Crenshaw, the City of Shreveport (“the City”) and Officer Theo Jenkins of the Shreveport Police Department (“SPD”)1 for his injuries. Similarly, Mrs. Crenshaw, through her curator, Mark Crenshaw, sued the City and Officer Jenkins.2 The suits were consolidated.

After a trial on the merits, the trial judge found that Mr. Hunter had failed to prove his case against the City and Officer Jenkins under a gross negligence standard of review. Accordingly, the trial court held that Mr. Hunter was not entitled to damages. From this ruling, both Mrs. Crenshaw and Mr. Hunter appeal, urging several assignments of error. For the reasons set forth herein, we affirm.

FACTS

On December 13, 2003, Mr. Hunter’s 1979 Ford truck stalled in the right lane of travel as he was crossing the Cross Lake Bridge in Shreveport. He was unable to push, pull or otherwise move it from the lane of traffic. Upon noticing the stalled vehicle, Ryan Nebus, an unrelated motorist, stopped his ear on the side of the road (out of the lane of travel) to assist Mr. Hunter. Despite their efforts, the pair was still unable to move the truck [ 2from the lane of traffic. Officer Jenkins was dispatched to the scene under a “priority two”3 call.

When Officer Jenkins arrived on the scene, he parked his patrol car on the shoulder of the highway behind Mr. Ne-bus’ vehicle rather than directly behind the stalled truck. The officer did not place any road cones, flares or similar warning devices behind the truck, on the road or around the stalled vehicle. After he was assured that the truck could not be manually moved, Officer Jenkins granted Mr. Hunter permission to retrieve something from the truck and began to walk back towards his patrol car. Officer Jenkins made no effort to monitor, warn or control traffic at this time. Soon after he had gone back to his truck, the 1997 Chevrolet truck driven by Mrs. Crenshaw crashed into the back of Mr. Hunter’s stalled truck. [302]*302Immediately following the crash, Officer Jenkins maneuvered his vehicle behind the trucks to block traffic. Mr. Hunter was injured after being trapped underneath the truck and dragged a “considerable distance” down the highway. The vehicle had to be mechanically lifted off of him and he was air-lifted to the hospital.

After a trial on the merits, the trial court found Mr. Hunter failed to prove his case against the City of Shreveport and Officer Jenkins under a gross negligence standard.4 The trial court held that he was not entitled to damages due to his failure to satisfy the aforementioned standard. From this ruling, both Mrs. Cren-shaw and Mr. Hunter appeal, urging several assignments of error.

DISCUSSION 5

The trial court committed legal error in applying a gross negligence standard in this case thus entitling appellants to de novo review.

The trial court committed prejudicial error in applying an improper legal standard to the conduct of Officer Jenkins. The trial court applied a reckless disregard/gross negligence standard, when the proper standard was simple negligence. 6

Mr. Hunter first argues that the trial court failed to properly apply La. R.S. 32:24, which states:

A.The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.
B. The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this Chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing the direction of movement or turning in specified directions.
C. The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals sufficient to warn motorists of their approach, except that a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
D. The foregoing provisions shall not relieve the driver of an authorized vehicle from the duty to drive with due regard for [¿the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

Mr. Hunter points out that, for La. R.S. 32:24 to apply, all three subsections must [303]*303be met. He cites Lenard v. Dilley, 01-1522 (La.1/15/02), 805 So.2d 175, which stated that, if an emergency vehicle driver’s conduct does not fit within subsections A, B or C of the aforementioned statute, that driver’s actions will be gauged by an ordinary negligence standard.

Accordingly, Mr. Hunter argues that subsection A, supra, was not met because Officer Jenkins’ actions suggest that he was not responding to an “emergency” within the meaning of this statute. He asserts that, on his arrival at the scene, Officer Jenkins did not follow typical police protocol for an emergency, such as controlling traffic, exceeding posted speed limits, illuminating his lights or blocking off the stalled vehicle with his patrol car.

Similarly, Mr. Hunter argues that subsection B of the statute, supra, was not met in this case. He contends that Officer Jenkins was negligent by failing to park his patrol car behind Mr. Hunter’s stalled vehicle, setting out road cones, illuminating his cruiser’s lights or the like, and states that “none of these omissions are enumerated or protected by La. R.S. 32:24.”

In summation, Mr. Hunter contends that La. R.S. 32:24 does not apply in this case and that Officer Jenkins’ actions should be analyzed under an ordinary negligence standard.

The City responds by citing Orea v. Scallan, 32,622 (La.App. 2d Cir.1/26/00), 750 So.2d 483, which provides the applicable standard of review for this case on appeal, stating:

A district court’s findings of fact will not be disturbed on appeal unless the reviewing court finds that they are clearly | fiwrong or manifestly erroneous. Under the manifest error standard, the linchpin is whether the trial court’s findings are reasonable; even if the appellate court feels its own evaluation of the evidence is more reasonable, the trial court’s findings cannot be reversed if they are in fact reasonable. In other words, the appellate court may not reverse simply because it is convinced that had it been sitting as a trier of fact it would have ruled differently.

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Bluebook (online)
935 So. 2d 300, 2006 La. App. LEXIS 1433, 2006 WL 1751765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-city-of-shreveport-lactapp-2006.