Maddox v. City of Oakdale

746 So. 2d 764, 99 La.App. 3 Cir. 726, 1999 La. App. LEXIS 3033, 1999 WL 994177
CourtLouisiana Court of Appeal
DecidedNovember 3, 1999
Docket99-726
StatusPublished
Cited by5 cases

This text of 746 So. 2d 764 (Maddox v. City of Oakdale) 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
Maddox v. City of Oakdale, 746 So. 2d 764, 99 La.App. 3 Cir. 726, 1999 La. App. LEXIS 3033, 1999 WL 994177 (La. Ct. App. 1999).

Opinion

746 So.2d 764 (1999)

Mary MADDOX, et al., Plaintiff-Appellee,
v.
CITY OF OAKDALE, Defendant-appellant.

No. 99-726.

Court of Appeal of Louisiana, Third Circuit.

November 3, 1999.
Writ Denied February 11, 2000.

*766 John Erwin Demoruelle, M. Rebecca Pierrotti, Kinder, for Mary Maddox, et vir.

Dannie P. Garrett, III, Baton Rouge, for City of Oakdale.

Gregory Dwayne Maricle, Mandeville, for Aetna Cas. and Sur. Co.

BEFORE: YELVERTON, SAUNDERS, AND GREMILLION, Judges.

SAUNDERS, Judge.

This matter arises from a motor vehicle accident that occurred on March 25, 1993. Mary Maddox and David Houston Maddox sued Wesley Brown (Brown) and the City of Oakdale (City), for damages sustained due to the accident. Brown was later dismissed from the suit. Mary Maddox continued with the suit against the City.

The trial court assessed Brown with twenty-five percent fault and the City with seventy-five percent fault. The trial court awarded Mary Maddox $271,320.20 in damages. Mary Maddox's husband, David Houston Maddox, (Mr. Maddox), obtained an award of $56,250.00 for loss of consortium. The City appeals. We affirm.

FACTS

At 9:39 a.m. on March 25, 1993, retired officer Sam Fields reported a malfunctioning light at the intersection of North 13th Street and 7th Avenue in Oakdale, Louisiana. Subsequently, at 11:15 a.m. on the same day, there was a collision between Mary Maddox's (Plaintiff) vehicle and Brown's vehicle at the intersection of the malfunctioning light. As both drivers entered the intersection, Plaintiff had a green light and the light facing Brown was inoperable. Brown slowed, looked both ways and proceeded. Upon proceeding through the intersection, Brown struck Plaintiff's vehicle.

Plaintiff suffered injuries as a result of the accident. She was treated by Dr. Osborne, a family practitioner, and Dr. Mary Mayeaux, an orthopedic surgeon. Dr. Mayeaux diagnosed Plaintiff with rotator cuff impingement tendinitis in her left shoulder. In September 1993, Plaintiff underwent surgery for the injuries she suffered. *767 Plaintiff returned to light duty work in November 1994. Subsequently, Plaintiffs orthopedic physician declared Plaintiff disabled and unable to continue employment as a home health nurse's aide. Dr. Mayeaux moved to another town and Plaintiff received treatment from Dr. Douglas Waldman, an orthopedic surgeon. Dr. Waldman expressed concern that Plaintiff had experienced continual pain for the past year and referred her to Dr. Miguel Garcia, a rheumatologist. Dr. Garcia diagnosed Plaintiff with fibromyalgia.

Plaintiff and Mr. Maddox sued the City and Brown for damages sustained because of the accident. Brown was later dismissed. Plaintiff proceeded with the suit against the City, alleging that the City's fault was the sole cause of the accident.

LAW AND ANALYSIS

I. Proximate Cause

Defendant's first assignment of error is that the trial court erred in finding liability, without considering whether the alleged fault of the City was a proximate cause of the accident. Since the defendant in the instant case is a public entity, La.R.S. 9:2800 is applicable. See Lee v. State, Through DOTD, 97-0350 (La.10/21/97); 701 So.2d 676.

According to La.R.S. 9:2800, Plaintiff must prove: (1) the City had custody of the traffic light; (2) the traffic light was defective because it had a condition that created an unreasonable risk of harm; (3) the City had actual or constructive notice of the defect and failed to take corrective measures within a reasonable time; and (4) the defect was the cause-in-fact of Plaintiffs injuries. The critical issue in this case is whether the City's traffic light caused Plaintiffs injuries.

It is not disputed that the City had custody over the traffic signal at the intersection of North 13th Street and 7th Avenue. The traffic light was malfunctioning for several hours and created an unreasonable risk of harm because it presented one lane of traffic with a green light. The light controlling the other lane of traffic was not functioning. Thus, the traffic light was defective.

The record clearly indicates that the City had actual notice of this defect. According to Sam Fields, he reported the inoperable light at 9:00 a.m. Fields' testimony was corroborated by the dispatch log that stated, "9:39 006 advised green light E side out—13th and 7th Avenue." Hence, the City had notice of the inoperable light and failed to take corrective measures within a reasonable time.

The City argues that Fields' testimony is not credible. However, on appellate review, issues of credibility are governed by the manifest error standard and the trial courts findings are given great deference. Rosell v. ESCO, 549 So.2d 840 (La.1989). Moreover, Fields' testimony is corroborated by the City's dispatch log.

The final element in La.R.S. 9:2800 is causation. The trial judge addresses this element by stating the following:

In the present case, the City of Oakdale was negligent in failing to dispatch an officer to control traffic at the intersection after it had notice of the faulty traffic light. Further, the city also acted negligently in failing to remedy the defective light although it had ample opportunity to do so. Both of these acts were substantial factors in bringing about the accident, and the Court finds that the acts were causes-in-fact of the subject accident and resulting injuries to Petitioners.

Causation can be divided into two elements: (1) cause-in-fact and (2) legal or proximate cause. See FRANK L. MARAIST AND THOMAS C. GALLIGAN,, LOUISIANA TORT LAW 77 (1996). Conduct is a "cause-in-fact" of an injury if it is a substantial factor in bringing about the plaintiffs injury. Guilbeau v. St. Landry Parish Police Jury, 600 So.2d 859 (La.App. 3 Cir.), writ denied, 606 So.2d 544(La.1992). This is a *768 factual issue and cannot be disturbed by the reviewing court absent manifest error. Faye v. State, DOTD, 97-512 (La.App.3 Cir. 10/29/97); 702 So.2d 1036, writ denied, 97-2974 (La.2/6/98); 709 So.2d 741.

To determine whether the conduct was the proximate cause, we must determine if: "as a matter of policy, does society want to allow this plaintiff to recover from this defendant for these particular damages arising in this particular manner?" MARAIST AND GALLIGAN, at 78. We answer that question in the affirmative. The City had a duty to protect Plaintiff from a driver who failed to stop at the City's malfunctioning light. The failure of the City to remedy the malfunctioning traffic signal and/or its failure to dispatch an officer to the scene created an undue risk of harm to traffic at the intersection. The City has a duty to maintain traffic signals and that duty includes the prevention of accidents such as that which occurred herein. The City's failure to perform this duty was, therefore, a concurrent proximate cause of the accident, produced by a combination of the City's acts and Brown's acts.

The City, in its argument, refers to the case of Hayes v. City of New Orleans, 527 So.2d 1002 (La.App. 4 Cir.1988). In Hayes, the Fourth Circuit held that the motorist's failure to stop at the malfunctioning light was the proximate cause of the victim's injuries rather than the municipality's malfunctioning light. However, the City's reliance upon Hayes is misplaced. The cases controlling this factual situation in this circuit are: Istre v. Fidelity Fire & Casualty Insurance Co., 628 So.2d 1229 (La.App. 3 Cir.1993); Hardy v.

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Bluebook (online)
746 So. 2d 764, 99 La.App. 3 Cir. 726, 1999 La. App. LEXIS 3033, 1999 WL 994177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maddox-v-city-of-oakdale-lactapp-1999.