LeJeune v. Union Pacific RR

712 So. 2d 491, 1998 WL 171669
CourtSupreme Court of Louisiana
DecidedApril 14, 1998
Docket97-C-1843
StatusPublished
Cited by38 cases

This text of 712 So. 2d 491 (LeJeune v. Union Pacific RR) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LeJeune v. Union Pacific RR, 712 So. 2d 491, 1998 WL 171669 (La. 1998).

Opinion

712 So.2d 491 (1998)

Stephen R. LeJEUNE
v.
UNION PACIFIC RAILROAD, et al.

No. 97-C-1843.

Supreme Court of Louisiana.

April 14, 1998.

*492 Harry Alston Johnson, III, Baton Rouge, David Andrew Fraser, Fraser, Morris & Wheeler, Lake Charles, for Applicant.

Richard E. Gerard, Jr., Scofield, Gerard, Veron, Singletary & Pohorelsky, Michael J. McNulty, III, Plauche, Smith & Nieset, Lake Charles, for Respondent.

MARCUS, Justice.[*]

On November 28, 1988, Stephen R. LeJeune was injured when, while responding to an emergency call, he drove an ambulance into an oncoming train at a rural railroad crossing on Louisiana Highway 365 north of Crowley, Louisiana. LeJeune filed this suit for damages against the train's engineer, Jack Buckner, and Union Pacific Railroad alleging, among other things, that the train crew's negligent conduct caused the accident.[1]

The ambulance was traveling west at approximately 65-70 miles per hour en route to render emergency assistance at a serious traffic accident. LeJeune, an emergency medical technician employed by Acadian Ambulance, was driving and another ambulance company employee was a passenger in the vehicle. The ambulance's emergency lights were flashing, but the siren was not sounding. The train was traveling north from Crowley to Eunice at a speed of 24 to 28 miles per hour.[2] It consisted of three cars— a locomotive and two hopper cars loaded with grain. The locomotive was operating long-end forward—an industry term meaning that the locomotive appeared to be backwards with the long end in the lead followed by the cab or short end at the rear. Several witnesses testified that there was nothing unusual about this configuration and that it is often used as locomotives are capable of operating with either end in the forward position.

Because the train was running long-end forward, the engineer, Jack Buckner, was seated on the west side of the locomotive and could not see out on the east side of the train. Four other railroad employees were also in the cab with Buckner, but only two of them, a brakeman, James Mayo, and the fireman, Ernest Mitchell, were seated in a position to view anything outside the cab in an easterly direction. Mayo was seated near a window on the east side of the train and was keeping a lookout to the east. Mitchell was seated in front of Mayo and watching the area in front of the train. The conductor, Halbert Hardy, and another brakeman, John Garrett, were both seated with their backs towards the direction the train was traveling and looking out behind the train to the south. The train was emerging from a wooded area with all visibility of Highway 365 obscured *493 until a certain point where the trees began thinning out and the highway came into full view. Buckner stated that in anticipation of the upcoming perpendicular crossing at Highway 365, he began blowing the train's horn as the train crossed a trestle near the edge of the woods approximately a quarter of a mile before the crossing, and that he continued blowing the horn until after impact.

Mayo testified that he first saw the ambulance as it came off a small bridge located on Highway 365. The distance from the railroad crossing to the west end of the bridge is 779.10 feet. Near the bridge, motorists are alerted to the upcoming railroad crossing by a yellow railroad crossing sign and the roadway is also painted to indicate the approaching crossing. The crossing itself is marked by a railroad cross bucks sign. Mayo saw the flashing emergency lights and noticed that the ambulance was traveling at a high rate of speed. At this point, he believed the ambulance would either beat the train to the crossing or stop at the crossing and wait for the train to pass.

Even so, as a precautionary measure, Mayo shouted out in an effort to let Buckner know that an ambulance with its emergency lights flashing was approaching the crossing. However, Buckner was looking the other way and blowing the train's horn making it impossible for him to see Mayo or hear the message. Mayo then yelled to the conductor, Hardy, who tapped Buckner on the leg. Buckner turned his head and Mayo gave him an "easy signal." An "easy signal" is a hand signal used in the railroad industry to advise the driver of the train to take it easy, i.e., slow down and survey the situation. Mayo estimated that this entire sequence took place within three or four seconds.

Buckner testified that upon seeing Mayo's "easy signal," he immediately moved the brake handle in position for a full service brake application—the heaviest braking possible short of emergency braking. Two or three car lengths later, Buckner saw Mayo and the fireman, Mitchell, jump up and he moved the same handle a notch further and put the train into emergency. Buckner indicated that the impact occurred two or three seconds after the emergency brake application. Mitchell did not initially see the ambulance approaching the crossing because he was looking straight ahead and could only see out to the east by leaning back in his chair and looking out another window. He stated that he only did so after he heard Mayo shout out to Buckner about the approaching ambulance.

There is a second emergency brake handle located in the cab near Mayo's seat. A railroad company operating rule instructs any crew member to take immediate action to stop the train in emergency situations when the conductor or engineer fails to take such action. Mayo stated that he did not pull the handle near his seat and put the train into emergency when he initially saw the ambulance because he had no reason to believe that the ambulance would not stop at the crossing.

LeJeune testified that he has very little memory of the events immediately preceding the accident. He remembers the sun being very bright and does not recall ever seeing the train. The skid marks left by the ambulance indicate that LeJeune braked approximately 130 feet before the collision. These marks are consistent with the testimony of eyewitnesses Mayo and Mitchell who both stated that the ambulance slammed on its brakes just before impact. They saw the back of the ambulance rise up from the sudden braking action and then watched it skid into the train. LeJeune also testified that he lived in the area with his parents approximately eight miles from the collision scene. He stated that he had driven that stretch of Highway 365 many times before and was aware of the upcoming railroad crossing.

A Louisiana State Trooper, James Simon, was not far behind the ambulance at the time of the accident. Trooper Simon was on his way to the same traffic accident. He testified that the glare of the setting sun significantly impaired his view of the roadway. The train's log indicates that the accident occurred in late afternoon at approximately 4:45 p.m. Because of the sight impairment caused by the sun, Trooper Simon stated that he never saw the train until it was straight in front of him.

*494 After trial on the merits, the jury rendered a verdict for the defendants determining that neither Buckner nor Union Pacific Railroad was at fault for causing the accident. Plaintiff appealed. The court of appeal reversed the trial court's decision holding that the jury was manifestly erroneous in failing to find the railroad negligent with respect to the train crew's behavior. It found that the train crew's reaction to the approaching ambulance was unreasonable.

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

Related

Theopholia Thomas v. Bnsf Railway Company
Supreme Court of Louisiana, 2026
Nash v. Badgett
W.D. Louisiana, 2020
Causey v. New Orleans Reg'l Transit Auth.
267 So. 3d 187 (Louisiana Court of Appeal, 2019)
Renfro v. Burlington Northern Santa Fe Railway Co.
193 So. 3d 1192 (Louisiana Court of Appeal, 2016)
England v. Fifth Louisiana Levee District
167 So. 3d 1105 (Louisiana Court of Appeal, 2015)
Anderson Ex Rel. D. B. v. Union Pacific Railroad
342 F. App'x 990 (Fifth Circuit, 2009)
Bellard v. American Cent. Ins. Co.
980 So. 2d 654 (Supreme Court of Louisiana, 2008)
Howell v. Union Pacific Railroad
980 So. 2d 854 (Louisiana Court of Appeal, 2008)
Lawrence ex rel. Brown v. Groan
973 So. 2d 959 (Louisiana Court of Appeal, 2008)
Hankton v. City of New Orleans
973 So. 2d 851 (Louisiana Court of Appeal, 2007)
Elkins v. Burlington Northern & Santa Fe Railway Co.
922 So. 2d 1188 (Louisiana Court of Appeal, 2006)
Brule' v. Audubon Commission
902 So. 2d 403 (Louisiana Court of Appeal, 2005)
Daniels v. Essex Insurance Co.
890 So. 2d 599 (Louisiana Court of Appeal, 2004)
Avenal v. State, Dept. of Natural Resources
858 So. 2d 697 (Louisiana Court of Appeal, 2003)
Reaux v. Deep South Equipment Co.
840 So. 2d 20 (Louisiana Court of Appeal, 2003)
Henry v. Parish of Jefferson
835 So. 2d 912 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
712 So. 2d 491, 1998 WL 171669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lejeune-v-union-pacific-rr-la-1998.