Lewis v. Greater New Orleans Expressway Commission

122 So. 2d 708, 1960 La. App. LEXIS 813
CourtLouisiana Court of Appeal
DecidedJune 29, 1960
DocketNo. 5090
StatusPublished
Cited by1 cases

This text of 122 So. 2d 708 (Lewis v. Greater New Orleans Expressway Commission) 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
Lewis v. Greater New Orleans Expressway Commission, 122 So. 2d 708, 1960 La. App. LEXIS 813 (La. Ct. App. 1960).

Opinion

ELLIS, Judge.

This suit for damages arose out of a rear end collision between an automobile in which the plaintiffs were riding as passengers and an automobile that was lawfully parked on the Causeway that crosses Lake Pontchartrain from Mandeville, Louisiana to Jefferson Parish.

Suit was originally filed in the District against the Greater New Orleans Expressway Commission, together with their insurer, Employers Liability Assurance Corporation. Plaintiffs later dismissed their suit insofar as the Great New Orleans-Expressway Commission was concerned by stipulation of counsel that it was immune from suit as it was a creature of the State and as such entitled to the same immunity as the state, reserving all rights against its insurer.

After various exceptions were argued' in the Lower Court, trial was had on the merits, with judgment being rendered ini favor of the defendants dismissing plaintiff’s suit. From this judgment the plaintiffs have appealed.

[709]*709Plaintiffs allege that an accident occurred on or about September 28, 1956, and as a result of the accident, the north lane of travel was obstructed at the north bascule, all of these facts being unknown to the driver of the automobile in which the plaintiffs were riding, as well as the guest passengers therein. The plaintiffs based their action upon the alleged negligence of the Greater New Orleans Expressway Commission in failing to have any warning signs at the south entrance of the bridge warning the travelers that there was a barricade on the bridge. They further alleged that the Expressway Commission was negligent in failing to have the toll bridge collectors warn the travelers of the existence of the barricades on the bridge, or to post any lights or any other warning signals at reasonable distances in front of the barricade existing on the bridge or to have a flagman to warn of the condition or control traffic at that point. All of these failures existed despite the heavy traffic on the bridge in the south-bound lane of travel at the time the automobile in which the plaintiffs were riding collided with another automobile.

Although plaintiffs denied seeing the lights other than a constantly burning red light that is and was suspended above the highway in their lane of travel, they did admit seeing the red light prior to observing the car parked on the roadway in front of them.

The facts developed from the testimony that are supported in the record are as follows:

On September 28th or 29th, 1956, at around eleven o’clock, the record not being exactly clear as to which was the exact date, an accident occurred that damaged a portion of the bridge near the north bascule of the Lake Pontchartrain Causeway, the accident causing damage to the west girders under the bridge. The cross members under the bridge were not damaged. Principally, there was some damage to the west girders and the bridge engineers decided that the bridge could withstand traffic over the eastern portion of the bridge. After the accident that damaged the bridge, the traffic was stopped completely until approximately 4:00 o’clock in the morning when one-way traffic was allowed on the bridge. The bridge is approximately 26 miles long and has a two lane highway crossing it. The bascule in question, as can be seen from Exhibit A, for the defense, is, in laymen’s terms, a draw bridge. On either side of the draw bridge are two automatic barriers that appear to be 8 to 10 feet tall and when the draw bridge is opened they automatically come down and would prevent an automobile from running into the water while the bridge is opened. There are also vapor lights constructed above the draw bridge and spaced on either side for approximately 200 feet. These lights are referred to as vapor lights in the testimony of the engineers. The vapor lights are overhanging lights that are commonly referred to as street lights or would be street lights that are usually found along a “white way” in many cities throughout the United States.

Fifty feet from the end of the draw bridge there is the automatic barrier that would prevent the automobiles from going into the water. This barrier is a steel plate or a steel net that drops from an overhanging section of the bridge some fifty feet from the edge of the bridge. It is constructed to catch or to stop any automobile that might run past the arm type barrier warning system that is approximately 200 feet beyond the automatic barriers. The arm barriers are equipped with two red blinking lights that extend from approximately in the middle of each lane to the center line. These are the type of barriers that are just below the red and green lights that over-hang the highway in the center of each lane of traffic. The approach to the draw bridge begins to rise at a three degree angle some distance further away from the red and green light and the arm type barrier, thus allowing traffic to see these barriers and warning at [710]*710a much greater distance. On the night that ithe accident occurred which weakened the west structural portion of the north bascule, the engineer arrived at the scene of the accident shortly after it occurred. The safety precautions taken' for allowing one way traffic were to open the automatic barriers and keep them in a locked position above the draw bridge. Barrels were placed along the edge of the damaged portion of the bridge and down the center line of the bridge with blinking red lights on top of the barrels. These barrels outlined that portion of the bridge that was dangerous to travel near. Two hundred fifty feet behind these barrels were the signal arm barrier of the standard alternate black and white stripes, the signal arm having two red blinking type lights spaced approximately three feet apart. The first light being near the 'end of the signal arm, the second from three to four feet towards the edge of the bridge 'from it. Overhead above the signal arm was a red light that was kept burning constantly. The lights on the signal arms were blinking. The signal arms in the north bound lane of traffic were kept erect and blinking. There is some conflict in the testimony as to whether the additional blinking lights were placed on the curb at the time the accident in question occurred. In addition to these barriers that are an integral part of the warning system on the bridge, when the draw bridge is opened the supervisors had watchmen directing traffic. The watchmen would stay behind the automobiles to warn the approaching traffic of the end of the traffic line and to help direct the traffic in the one way lane, through the damaged portion of the bridge. These watchmen were equipped with flashlights with a red light or covering on the end, such as highway police use to direct traffic.

There is some dispute as to whether the blinking lights on the curve some 200 feet from the signal arms were placed there before, at the time of, or soon after the accident giving rise to this suit and whether .adequate warning signs were given or speed limit signs were at an adequate distance to warn automobiles of the dangerous condition caused by the bridge accident.

Plaintiffs on September 30, 1957 were riding in an automobile with their brother-in-law, a Mr, Ward, traveling toward Covington from New Orleans, after a Sunday outing. They had never driven on the causeway and were quite disappointed when they entered the causeway as it was beginning to get dark and the rain was falling.

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Related

Schultz v. Greater New Orleans Expressway Commission
250 F. Supp. 89 (E.D. Louisiana, 1966)

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Bluebook (online)
122 So. 2d 708, 1960 La. App. LEXIS 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-greater-new-orleans-expressway-commission-lactapp-1960.