Home/Louisiana Court of Appeal/Mondello v. State ex rel. Department of Highways

Mondello v. State ex rel. Department of Highways

338 So. 2d 730
CourtLouisiana Court of Appeal
DecidedSeptember 22, 1976
DocketNo. 5568
StatusPublished
Cited by7 cases

This text of 338 So. 2d 730 (Mondello v. State ex rel. Department of Highways) 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
Mondello v. State ex rel. Department of Highways, 338 So. 2d 730 (La. Ct. App. 1976).

Opinions

MILLER, Judge.

Defendant Department of Highways appeals the judgment awarding $404,004.43 to plaintiffs Joseph Mondello and his minor son for personal injuries to Mondello and for the wrongful death of his wife. We reverse.

This case was consolidated for trial and appeal with Wood v. State, through Department of Highways, 338 So.2d 739 (La.App. 3 Cir. 1976) in which a separate opinion is being handed down this date.

Joseph Mondello was driving in a southerly direction and Willie Lee Wood in a northerly direction; they were involved in [732]*732an “almost” headon collision which occurred about 9:45 p. m. on April 12, 1975. The accident occurred near the intersection of U. S. Highway 71-84 and Louisiana Highway 486 in Natchitoches Parish. As a result of the collision, Mondello’s wife was killed almost instantly, and Mondello and Wood suffered severe injuries. Following the accident, a pry bar had to be used to get into both vehicles.

About 7:00 p. m., the Mondellos left their young child in the care of the maternal grandparents and proceeded to a “housewarming party” at the newly constructed Walker residence located on La. 486. Being unfamiliar with the area, the Mondellos mistakenly turned off U. S. 71-84 onto the lower leg of La. 486 (called the Coulee Loop Road) and, after discovering their mistake, returned to U.S. 71-84 and traveled northerly about four miles to the intersection where this accident occurred some two hours later. They then turned 122° to the right onto La. 486 and found the Walker residence located some 1900' east of the intersection. They left the party about 9:40 p. m. with the intention of returning to pick up their son. Mondello drove his vehicle west on La. 486 toward the intersection of U.S. 71-84; he passed another westbound vehicle which departed the party about the same time he did. As Mondello approached the intersection, Willie Lee Wood was proceeding northerly on U.S. 71 — 84. The two vehicles collided almost headon some 80' south of the intersection; the Wood vehicle left 51' of skidmarks slanting from the direction of his lane to impact and the Mon-dello vehicle left no skidmarks prior to impact; impact occurred in the southbound lane of U.S. 71-84, causing the death of Susan Scott Mondello and pinning both Wood and Joseph Mondello behind the steering wheels of their respective vehicles.

La. 486 intersects U.S. 71-84 (the two U.S. arterial highways run together at this point) with an angle of 122° to a left turning motorist and 68° to a right turning motorist. Approaching the intersection from the east on La. 486, a driver is confronted first with a solid yellow line (no passing zone) which commences 500' from the intersection; secondly with a junction sign, well reflectorized, approximately 325' from the intersecting centerlines of the two highways; thirdly, there is a cattle guard approximately 130' from the centerline of the intersection; fourthly, there is a directional assembly sign some 70' from the centerline of the intersection indicating that U.S. 71-84 runs north and south; and finally 28' behind this sign, there is a stop sign located 42' from the centerline of the intersection.

See Detail Drawing A at page 733 to better understand the intersection and its approaches. See Detail Drawings B at page 734 for the location of gouge marks and debris together with a presentation of the likely route of the vehicles to and from the point of impact.

[733]

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Related

Opinion Number
Louisiana Attorney General Reports, 2002
Williams v. Cobb
567 P.2d 487 (New Mexico Court of Appeals, 1977)
Barber v. St. Francis Cabrini Hospital, Inc.
345 So. 2d 1307 (Louisiana Court of Appeal, 1977)
Mondello v. State ex rel. Department of Highways
341 So. 2d 409 (Supreme Court of Louisiana, 1977)
Wood v. State ex rel. Department of Highways
338 So. 2d 739 (Louisiana Court of Appeal, 1976)

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Bluebook (online)
338 So. 2d 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mondello-v-state-ex-rel-department-of-highways-lactapp-1976.