King v. Danna

784 So. 2d 757, 2001 WL 327779
CourtLouisiana Court of Appeal
DecidedApril 4, 2001
DocketNos. 34,397-CA, 34,398-CA, 34,399-CA
StatusPublished
Cited by1 cases

This text of 784 So. 2d 757 (King v. Danna) 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
King v. Danna, 784 So. 2d 757, 2001 WL 327779 (La. Ct. App. 2001).

Opinion

|, STEWART, J.

The issues presented in this appeal arise from a judgment finding Kansas City Southern Railway Company (“KCS”) one hundred percent liable for damages due its employee, Richard Perot, who was injured when a co-worker slammed a door on his hand just prior to a collision with an automobile. The automobile, which was driven by Anthony Danna, was stranded adjacent to the railroad track after colliding at the crossing with another automobile, which was driven by Stanley King. For the reasons set forth herein, we reverse the judgment of the trial court and assess liability to the drivers of the automobiles, Stanley King and Anthony Danna. We remand for further proceedings to determine whether Perot sustained compensable injuries in the accident at issue.

FACTS

The incident at issue occurred on January 19, 1996 at about 11:30 a.m., at the intersection of DeSiard and North 6th Streets in Monroe, Louisiana. Anthony Danna was driving northbound on North 6th Street. Stanley King was driving westbound on DeSiard Street. At the same time, a KCS train consisting of two locomotives and three freight cars was westbound through the KCS yard in Monroe. The speed limit through the yard was 10 miles per hour. KCS’s track ran roughly parallel to DeSiard and traversed the intersection at an angle. Crossing [761]*761lights flashing red were operating and visible to traffic on both DeSiard and North 6th Street. City traffic signals, which control travel on both streets, were also operating normally at the time of the incident. The crew aboard the train included Richard Perot, Albert Spivey, and B.G. Gul-lette. Perot was the conductor, Spivey was the brakeman, and Gullette was the engineer. Gullette was seated on the right hand side of the cab. Spivey was seated to Gullette’s left, and Perot was seated behind Spivey. As the train approached the intersection, its headlights were on, its [2bell was ringing, and its air horn was activated. According to all involved, the train was traveling very slowly at about ten miles per hour.

When Danna arrived at the intersection of North 6th Street with DeSiard, he encountered a red blinking traffic signal. He stopped at the intersection, at which time the train crossing lights activated. To his right, Danna saw the KCS train approaching. Believing there was ample time to cross the intersection ahead of the train, he proceeded to go through the intersection. At the same time, King was approaching the intersection in a westerly direction along DeSiard. Facing King at the intersection was a yellow blinking traffic signal and the red blinking crossing lights. As King traveled along DeSiard, he observed the slow-moving KCS train to his left and heard it sound its whistle. King, who also believed there was ample time to cross the intersection ahead of the train, proceeded through the intersection without stopping. As King crossed the tracks, his vehicle struck the rear of Dan-na’s jeep, causing it to spin off the road and stop adjacent to the tracks, face-to-face with the oncoming train.

As the accident occurred, the occupants of the train noticed a commotion ahead involving a vehicle spinning amid dust clouds. Spivey and Gullette activated the emergency brakes. Spivey observed Dan-na’s vehicle adjacent to the track and got up from his seat to exit the cab with the intent of helping the occupant of the automobile. Perot, who was seated behind Spivey, looked up when he heard Spivey holler and saw Danna’s spinning vehicle. Perot recognized Danna as someone he knew and observed the “terrified” look on Danna’s face as the train approached. Perot rose from his seat to follow Spivey out of the cab. As Spivey stepped through the threshold of the door, he saw Danna’s vehicle and realized that the train would not stop before hitting the vehicle. Spivey backed through the doorway, bumping into Perot, who was immediately behind him, and slammed the door of the cab shut. Unfortunately, Perot’s right hand was caught in |Rthe door and his three middle fingers were crushed. The train then made contact with Danna’s vehicle, nudging it away from the track. After traveling approximately 90 feet, the train stopped.

Three separate suits were filed as a result of the incident, along with a number of incidental demands, not all of which are mentioned here. First, King filed suit against Danna and Safeco Insurance Company (“Safeco”), Danna’s insurer. Danna filed a reconventional demand against King and State Farm Mutual Automobile Insurance Company (“State Farm”), King’s insurer. Second, Perot filed suit against Danna and King, along with their respective insurers, alleging that his injury was caused by the automobile collision between these two parties. The two cases were consolidated by order of the trial court on November 12,1996. After a third party demand by King and State Farm named Albert Spivey and KCS as third party defendants from whom contribution was sought, Perot amended his petition to name KCS as an additional defendant. [762]*762Third, KCS filed suit against King and Danna and their respective insurers for the sum of $15,336.68, representing property damage in the amount of $259.31 and payments to Perot of wages and medical expenses totaling $15,077.37. KCS’s suit was consolidated with the others. In subsequent amendments to his petition, Perot also named as defendants Glazer Wholesale Drug Company of Shreveport (“Glazer”), the employer of Stanley King, and its insurer, Travelers Indemnity Company of Illinois (“Travelers”), as well as the City of Monroe. Perot also asserted additional claims against KCS based upon an unrelated incident that occurred November 11, 1995, when Perot fell after a piece of pulpwood lodged under the rail of the train-car caused the car to kick up in a rocking motion.

Danna and Safeco filed a motion for summary judgment seeking the dismissal of the claims against them. The motion was denied. Glazer and Travelers filed a motion for summary judgment contending that King was not in|4the course and scope of his employment at the time of his collision with Danna and that no coverage was afforded under the policy in effect when the incident occurred. King and State Farm responded with their own motion for summary judgment contending that King was in the course and scope of his employment as a liquor salesman for Glazer at the time of the incident. The trial court determined that King was in the course and scope of his employment with Glazer at the time of the incident. Accordingly, the motion of Glazer and Travelers was denied and that of King and State Farm was granted, thereby making Glazer and Travelers vicariously liable for any damages attributable to King’s negligence.

The matter was set for a bifurcated bench trial with the issue of fault to be determined first. Claims against the City of Monroe, which were based upon allegations that the traffic signal controlling the intersection of DeSaird and North 6th Street malfunctioned, were dismissed at the close of Perot’s case by a directed verdict. The trial court denied a motion for a directed verdict by KCS. Additionally, all claims between Danna and King were settled and dismissed between the close of the trial and the due date for the submission of post-trial briefs. The issue remaining before the trial court was the fault of the parties for the injuries sustained by Perot.

In a written ruling, the trial court found KCS solely at fault for the hand injuries sustained by Perot on January 19, 1996. The trial court rejected the sudden emergency defense asserted by KCS.

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Related

Davis v. Smith
796 So. 2d 765 (Louisiana Court of Appeal, 2001)

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Bluebook (online)
784 So. 2d 757, 2001 WL 327779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-danna-lactapp-2001.