Lockett v. STATE DEPT. OF TRANSP. AND DEV.

844 So. 2d 949, 2003 WL 1759604
CourtLouisiana Court of Appeal
DecidedApril 2, 2003
Docket2002 CA 0651
StatusPublished
Cited by3 cases

This text of 844 So. 2d 949 (Lockett v. STATE DEPT. OF TRANSP. AND DEV.) 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
Lockett v. STATE DEPT. OF TRANSP. AND DEV., 844 So. 2d 949, 2003 WL 1759604 (La. Ct. App. 2003).

Opinion

844 So.2d 949 (2003)

Nancy LOCKETT and Ronny Lockett, Husband and Wife
v.
The STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

No. 2002 CA 0651.

Court of Appeal of Louisiana, First Circuit.

April 2, 2003.
Rehearing Denied May 30, 2003.

*951 Leonard Cardenas, III, Baton Rouge, Counsel for Plaintiffs-Appellees Nancy Lockett and Ronny Lockett, Husband and Wife.

Honorable Richard P. Ieyoub, Attorney General, E. Wade Shows, Ronnie J. Berthelot, Carlos A. Romanach, Special Assistant Attorneys General, Baton Rouge, Counsel for Defendant-Appellant The State of Louisiana, Department of Transportation and Development.

Before: FITZSIMMONS, GUIDRY, and PETTIGREW, JJ.

FITZSIMMONS, J.

The State of Louisiana, through the Department of Transportation and Development (DOTD), appeals a trial court judgment in which DOTD was deemed sixty-five percent at fault in a traffic accident. Nancy and Ronny Lockett have answered the appeal. Following our review of the record and law, this court affirms.

FACTUAL BACKGROUND

Katy Lockett, the daughter of Nancy and Ronny Lockett, was a passenger in a vehicle driven by Miranda Britt Rupnarian. The vehicle proceeded in a southerly direction along Louisiana Highway 19, a four lane undivided highway. Highway 19 is controlled by traffic lights at its intersection with Groom Road. Turning vehicles are regulated by a "green ball" or "left turn yield on green" light, as opposed to a "left turn only" indicator. Mrs. Rupnarian was in the process of executing a left turn at the intersection of Highway 19 and Groom Road, when another vehicle, traveling in the outside lane of traffic in a northerly direction along Highway 19, collided with her vehicle. Katy Lockett died as a result of the accident. Katy's parents, Nancy and Ronny Lockett, brought the instant lawsuit against DOTD, alleging that DOTD was responsible for the existence of an unreasonably dangerous condition at the intersection that was the cause of the accident.

Following a trial on the merits, the jury returned a verdict in favor of the Locketts. Miranda Britt Rupnarian was assessed thirty-five percent liability, and DOTD was assigned sixty-five percent liability. General damages in the sum of $500,000.00 each were awarded to Nancy and Ronny Lockett, as well as $100,000.00 for medical expenses and $10,000.00 in funeral expenses. Both parties' motions for judgment notwithstanding the verdict to set aside and modify the jury's apportionment of fault were denied. DOTD's motion for remittitur was granted, reducing the funeral expenses award to $7,991.24 and the medical expenses to $27,106.37.

DOTD appeals, asserting the following assignments of error:

(1) The jury's finding of sixty-five percent negligence on the part of DOTD;
(2) The trial court's refusal to instruct the jury on the damage limitations provided by La. R.S. 13:5106;
*952 (3) The jury's award of $1,000,000.00 in general damages;
(4) The trial court's failure to remove a juror; and
(5) The trial court's disregard of 23 U.S.C. § 409.

The Locketts answer the appeal, asserting that one hundred percent fault should have been assigned to DOTD.

We commence our review by addressing two procedural issues.

ADMISSIBILITY OF EVIDENCE

DOTD argues that the trial court committed an evidentiary error by allowing the admission of safety-related material for which DOTD possesses a privilege of statutory immunity. The evidence was obtained by the Locketts from the City of Baker.

The provisions of 23 U.S.C. § 409 state that any "reports, surveys, schedules, lists, or data compiled or collected" for specified federal evaluation programs, or which are gathered for the purpose of a highway safety construction improvement project that "may be implemented utilizing Federal-aid highway funds[,]" are privileged, not discoverable, and not admissible in state or federal court. This privilege has not been liberally applied to all data irrespective of the possessor. In Irion v. State, Department of Transportation and Development, 1998-2616, pp. 5-6 (La.App. 1 Cir. 5/12/00), 760 So.2d 1220, 1226, writ denied, 2000-2365 (La.11/13/00), 773 So.2d 727, when DOTD attempted to exclude evidence sought from the files of agencies other than DOTD, this court held that reports compiled by the Department of Public Safety and by the Ascension Parish Police Jury Resolution, as opposed to files in DOTD's possession, could not be construed to be collected or compiled for the purpose of obtaining federal funds or to enforce safety. In the instant case, the Locketts did not rely on DOTD for their discovery. See and compare Palacios v. Louisiana and Delta Railroad Inc., 98-2932, p. 13 (La.7/2/99), 740 So.2d 95, 102.

Most recently, the United States Supreme Court in Pierce County, Washington v. Guillen, ___ U.S.___, 123 S.Ct. 720, 730, 154 L.Ed.2d 610 (2003), stated that an accident report that was collected by an agency for purposes unrelated to eligibility for federal funds would not be protected under 23 U.S.C. § 409, even though the same report would be protected in the hands of another department that first obtained the report for federal funding purposes. Thus, the fact that the records of the Mayor of Baker or Baker's Chief of Police included information that could be construed to be safety records of DOTD does not confer immunity on those records. DOTD cannot preclude the admission of evidence obtained from the City of Baker.

FAILURE TO REMOVE A JUROR

During voir dire, plaintiffs' counsel posed the following question: "I need to know, on a serious note, whether there are any particular problems that would prevent you from devoting your full attention to this case for the next several days. Any particular problems, anyone?" A juror, Ruby Allen, indicated that she had experienced two nervous breakdowns in the past. On further questioning, Ms. Allen stated that she was working every day and liked to "move around." She indicated that she was raising six children, regularly attended church, and was a voting citizen. Ms. Allen thereafter recounted that her father and boyfriend had died three years beforehand.

Counsel for the defense posed no questions to Ms. Allen; however, he later challenged her for cause on the basis that she *953 had undergone two nervous breakdowns. The trial judge overruled the challenge.

Challenges for cause are regulated by La. C.C.P. art. 1765. That statute provides:

A juror may be challenged for cause based upon any of the following:
(1) When the juror lacks a qualification required by law;
(2) When the juror has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial;
(3) When the relations whether by blood, marriage, employment, friendship, or enmity between the juror and any party or his attorney are such that it must be reasonably believed that they would influence the juror in coming to a verdict;

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844 So. 2d 949, 2003 WL 1759604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lockett-v-state-dept-of-transp-and-dev-lactapp-2003.