Lang v. Prince

447 So. 2d 1112
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1984
Docket83 CA 0362, 83 CA 0363
StatusPublished
Cited by35 cases

This text of 447 So. 2d 1112 (Lang v. Prince) 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
Lang v. Prince, 447 So. 2d 1112 (La. Ct. App. 1984).

Opinion

447 So.2d 1112 (1984)

John D. LANG
v.
Rodney PRINCE.
Blanche ARELLANES
v.
Alfred PRINCE.

Nos. 83 CA 0362, 83 CA 0363.

Court of Appeal of Louisiana, First Circuit.

February 28, 1984.
Writ Denied May 25, 1984.

*1114 R. Bruce Macmurdo, Baton Rouge, for Blanche Arellanes.

Philip Deal, Monroe, for John Lang.

Paul Marks and Joseph G. Simmons, Baton Rouge, for Dairyland Insurance Company, Alfred Prince, and Rodney Prince.

W. Luther Wilson and A. Shelby Easterly, III, Baton Rouge, for Gulf States Utilities Company.

Dorothy Dubroc Thomas, Baton Rouge, for South Central Bell Telephone Company.

R. Randall Roche, Baton Rouge, for Department of Transportation.

Horace C. Lane, Baton Rouge, for State Farm Mutual Automobile Insurance Company.

Before SHORTESS, LANIER and CRAIN, JJ.

CRAIN, Judge.

These consolidated cases arose out of an automobile accident which occurred when a car struck a utility pole located in the shoulder of Louisiana Highway 190 in Denham Springs, Louisiana. Defendants, Gulf States Utility Company (GSU), South Central Bell Telephone Company (South Central Bell) and the State of Louisiana, Department of Transportation and Development (DOTD), appeal the judgment of the trial court finding them solidarily liable.

FACTS

The trial judge made the following findings of facts, which we adopt as our own:

William D. Lang, the fourteen year old son of plaintiff John D. Lang, and Michael J. Benton, the eighteen year old son of plaintiff Blanche R. Arellanes, were killed on July 22, 1978 while riding as passengers in the automobile owned by Alfred O. Prince and being driven by his minor son, Rodney W. Prince. The Prince vehicle moved partly onto the shoulder of Highway 190 and struck a utility pole located in the middle of the improved shoulder killing the two passengers. The pole was owned by defendant South Central Bell and jointly used by defendant Gulf States Utility Company.
The accident occurred at night in the town of Denham Springs along a stretch of Highway 190, a major four-lane thoroughfare. The Prince vehicle was traveling west at forty-five (45) to fifty (50) miles per hour in an area where the posted speed limit was forty-five (45) miles per hour.
There was differing testimony as to why the Prince vehicle moved onto the shoulder. Rodney Prince testified that he had intentionally pulled onto the shoulder to check a flat tire.
Tim Benton, a passenger in a car moving alongside the Prince vehicle in the inner lane also heading west, testified that the Prince boy was trying to communicate with the occupants of the other car, all of whom had been together shortly before that evening.

Additionally, we note that Rodney Prince admitted at trial that he had consumed *1115 three or four "pony" beers (7 oz.) that night between five or six o'clock and midnight—the time of the accident.

ACTION OF THE TRIAL COURT

Plaintiff, John D. Lang, brought suit for wrongful death against Rodney Prince and his liability insurer, Dairyland Insurance Company (Dairyland), South Central Bell, GSU, and the State of Louisiana, through the DOTD, among others. Plaintiff, Blanche Arellanes, brought suit for wrongful death against Alfred O. Prince, the owner of the car, Dairyland, GSU, South Central Bell and the DOTD. Dairyland stipulated to judgment in each case for its policy limits of $10,000.

The two cases were consolidated for trial. After trial on the merits, the trial judge rendered judgment against defendants GSU, South Central Bell, the DOTD, and Dairyland (subject to its policy limits of $10,000), in solido, in the amount of $113,175.80 to be paid to plaintiff, John D. Lang, and $200,737.67 to plaintiff, Blanche Arellanes, in addition to expert witness fees and court costs. The trial judge also found Rodney Prince solidarily obligated to plaintiff, John D. Lang, in the amount of $113,175.80.[1] From that judgment, only defendants GSU, South Central Bell and the DOTD appeal.

ASSIGNMENTS OF ERROR

The DOTD urges on appeal that it should not have been held liable because, according to its contentions, the highway met construction and safety standards at the time it was built, the utility pole located in the improved shoulder was not a hazard, and the fault of Rodney Prince relieved it of liability. South Central Bell and GSU contend on appeal that the pole was not the legal cause of the accident. GSU contends that it should bear no responsibility for the pole's location since it was owned by South Central Bell and only used by GSU for the placement of its electrical wires. Finally, South Central Bell claims the damage award was excessive and that the sums awarded for Mrs. Arellanes' hospitalization, lost wages and future medical treatment are not recoverable under Louisiana law.

LIABILITY OF THE DOTD

The trial judge concluded that the DOTD was negligent[2] in allowing the utility pole to remain in the middle of the shoulder, finding that:

The pole was only fifty-two (52) inches off the main traveled portion of a major road. For at least one and one-half miles back up the road in a [sic] easterly direction from the accident site, there was an unobstructed eight foot improved shoulder on the north side of Highway 190. Then suddenly to a driver heading west, a pole was located squarely in the center of the shoulder giving the driver who moved onto the shoulder no cushion of safety or chance to return to the main portion of the road. This hazardous condition was a contributing cause to this fatal accident. In this particular situation, the two left wheels of the Prince vehicle were still on the traveled portion of the highway when the fatal impact occurred on the [sic] occupants of the Prince vehicle might have escaped serious injury had the shoulder been unobstructed.
The net effect of the unobstructed improved shoulder followed by a pole in the *1116 middle of the shoulder was to create a trap.
. . . . .
The Court concludes that by permitting the location of the pole the Department of Transportation and Development was in contravention of Louisiana R.S. 48:35 which requires adherence to the standards set by the American Association of State Highway Officials of which Louisiana is a member. The standards in effect at the time of the accident (and as far back as 1954) required an unobstructed shoulder of eight to ten feet for a highway in the class of Highway 190.[3]

The DOTD has a duty to maintain the shoulders of all highways in the state system. Willis v. State ex rel. Louisiana Department of Highways, 321 So.2d 819 (La.App.1st Cir.1975), writ denied, 325 So.2d 280 (La.1976); LeBlanc v. State, 419 So.2d 853 (La.1982). The duty to maintain reasonably safe highways and shoulders extends to the protection of those people who may drive onto the shoulder inadvertently having no knowledge or reason to have knowledge of a defective condition of the shoulder that would make such action hazardous. Sinitiere v. Lavergne, 391 So.2d 821 (La.1980); Rue v. State, Department of Highways, 372 So.2d 1197 (La. 1979). This duty includes passengers in vehicles that stray from the road. Sinitiere, 391 So.2d at 825. The decision whether a condition of a highway actually is a dangerous and hazardous one is factual. Dagnall v. Louisiana Department of Highways, 426 So.2d 276 (La.App.4th Cir.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Snearl v. Mercer
780 So. 2d 563 (Louisiana Court of Appeal, 2001)
Declouet v. Orleans Parish School Bd.
715 So. 2d 69 (Louisiana Court of Appeal, 1998)
Boteler v. Rivera
700 So. 2d 913 (Louisiana Court of Appeal, 1997)
Dunn v. Consolidated Rail Corp.
890 F. Supp. 1262 (M.D. Louisiana, 1995)
State v. Cornelius
637 N.E.2d 195 (Indiana Court of Appeals, 1994)
Simpson v. State Through DOTD
636 So. 2d 608 (Louisiana Court of Appeal, 1994)
Dent v. Perkins
629 So. 2d 1354 (Louisiana Court of Appeal, 1993)
Harwell v. Haspel-Kansas Investments
598 So. 2d 1284 (Louisiana Court of Appeal, 1992)
Roux v. Louisiana Power & Light Co.
597 So. 2d 118 (Louisiana Court of Appeal, 1992)
Anderson v. New Orleans Public Service
572 So. 2d 775 (Louisiana Court of Appeal, 1991)
Nowell v. State Farm Mut. Auto. Ins. Co.
576 So. 2d 77 (Louisiana Court of Appeal, 1991)
Anderson v. New Orleans Public Service Inc.
572 So. 2d 775 (Louisiana Court of Appeal, 1990)
Duplissey v. City of Bastrop
561 So. 2d 796 (Louisiana Court of Appeal, 1990)
Transco Leasing Corp. v. United States
896 F.2d 1435 (Fifth Circuit, 1990)
Slider v. Myers
557 So. 2d 1111 (Louisiana Court of Appeal, 1990)
Brister v. Gulf Central Pipeline Co.
684 F. Supp. 1373 (W.D. Louisiana, 1988)
Wall v. Alleman
519 So. 2d 155 (Louisiana Court of Appeal, 1988)
Moon v. City of Baton Rouge
522 So. 2d 117 (Louisiana Court of Appeal, 1988)
Siemann v. Teston
517 So. 2d 242 (Louisiana Court of Appeal, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
447 So. 2d 1112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lang-v-prince-lactapp-1984.