Lenard v. Dilley

805 So. 2d 175, 2002 WL 47834
CourtSupreme Court of Louisiana
DecidedJanuary 15, 2002
Docket2001-CC-1522
StatusPublished
Cited by51 cases

This text of 805 So. 2d 175 (Lenard v. Dilley) 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
Lenard v. Dilley, 805 So. 2d 175, 2002 WL 47834 (La. 2002).

Opinion

805 So.2d 175 (2002)

Justin Brian LENARD, individually and on Behalf of the Succession of Natalie Diane Lenard and Sara Beth Lenard,
v.
Erwin DILLEY, Metro Ambulance Service, Inc. and National Union Fire Insurance Company of Pittsburgh, Pennsylvania.

No. 2001-CC-1522.

Supreme Court of Louisiana.

January 15, 2002.

*176 Thomas M. Hayes, III, Karen L. Hayes, Hayes, Harkey, Smith & Cascio, Monroe; Harry A. Johnson, III, Phelps Dunbar, Baton Rouge, Counsel for Applicant.

*177 Christian C. Creed, Creed & Creed, Monroe; Gino J. Rendeiro, Weeks, Kavanagh & Rendeiro, New Orleans, Counsel for Respondent.

CALOGERO, Chief Justice.[*]

We granted this writ to determine the standard of care that La.Rev.Stat. 32:24 imposes on the driver of an emergency vehicle. Upon review of the statute, we find it contains two alternate standards, depending on the circumstances. If, and only if, subsections A, B and C of La.Rev. Stat. 32:24 are met, will an emergency vehicle driver be held liable only for actions which constitute reckless disregard for the safety of others. On the other hand, if the emergency vehicle driver's conduct does not fit subsections A, B and C of La.Rev.Stat. 32:24, such driver's actions will be gauged by an ordinary negligence standard.

FACTS AND PROCEDURAL HISTORY

On May 19, 1997, Metro Ambulance was notified that a vehicle traveling on Interstate 20 in Ouachita Parish, Louisiana had crashed in the median and that one person had been ejected. Metro dispatched an ambulance driven by one Erwin Dilley. When Mr. Dilley arrived at the accident scene, he parked the ambulance partially in the left lane of eastbound Interstate 20. As Mr. Dilley was attending to the victim of the accident, one Natalie Lenard, driving a private passenger vehicle, collided with the right rear of the ambulance. Mrs. Lenard, who was pregnant at the time of the accident, was killed as a result of the accident.

On July 21, 1997, Mrs. Lenard's husband, Justin Lenard, filed suit against Erwin Dilley, Metro Ambulance Service, and National Union Fire Insurance Company. On July 7, 2000, defendants filed a motion in limine, contending that La.Rev.Stat. 32:24 requires this plaintiff to prove gross negligence, and asking that the judge so instruct the jury. La.Rev.Stat. 32:24 statute reads as follows:

§ 24. Emergency vehicles; exceptions
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 *178 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.

On August 10, 2000, the trial judge granted defendant's motion in limine. In interpreting La.Rev.Stat. 32:24, the court held that when the emergency vehicle is being driven, the driver's actions are subject to a negligence standard, but for activities other than driving, the standard of care to be applied is one of "gross negligence." The court then held that, under the circumstances presented in this case, the jury would be instructed that it could not find for the plaintiff unless it believed that Mr. Dilley's conduct displayed "gross negligence."

The second circuit court of appeal reversed, finding that an interpretation of La.Rev.Stat. 32:24 required a more detailed analysis than that presented by the district court. The court of appeal found that a balancing test was necessary, holding as follows:

The difficult language of Section D of the Statute signals the need for a balancing test, not unlike the risk-utility balancing test for the determination of whether things in our custody present an unreasonable risk of harm. The privileges afforded the EMT under the statute, to respond quickly and efficiently to an accident victim, clearly foster social utility. Nevertheless, the magnitude of the risk of speeding must be counterbalanced by the sufficiency of the warning to other motorists. Finally, the emergency conditions under which the EMT must act do not require the EMT to make the best decision regarding the parking of the vehicle, so long as there is some degree of warning to other motorists which is determined by the trier-of-fact to be sufficient. Accordingly, the trial court can instruct the jury concerning the multiple factors of the risk-utility analysis suggested by the Statute.
. . .
The Statute permits conduct deviating below the ordinary standard of care expected of other drivers. Yet, insofar as such conduct must not fail to sufficiently warn other motorists, the Statute as a whole more closely prescribes a standard for ordinary negligence.

Defendants then sought, and were granted, supervisory review by this court. For the following reasons, we reverse the court of appeal and find that La.Rev.Stat. 32:24 sets out two standards of care for emergency vehicle drivers, depending on the circumstances. If, and only if, an emergency vehicle driver's actions fit into subsections A, B and C of La.Rev.Stat. 32:24, will an emergency vehicle driver be held liable only for actions which constitute reckless disregard for the safety of others. On the other hand, if the emergency vehicle driver's conduct does not fit subsections A, B and C of La.Rev.Stat. 32:24

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Bluebook (online)
805 So. 2d 175, 2002 WL 47834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenard-v-dilley-la-2002.