Paige v. Commercial Union Ins. Co.

512 So. 2d 507, 1987 La. App. LEXIS 9821
CourtLouisiana Court of Appeal
DecidedJune 26, 1987
Docket86-608
StatusPublished
Cited by18 cases

This text of 512 So. 2d 507 (Paige v. Commercial Union Ins. Co.) 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
Paige v. Commercial Union Ins. Co., 512 So. 2d 507, 1987 La. App. LEXIS 9821 (La. Ct. App. 1987).

Opinion

512 So.2d 507 (1987)

Edward PAIGE, Jr., et ux., Plaintiffs-Appellants,
v.
COMMERCIAL UNION INSURANCE COMPANY, et al., Defendants-Appellees.

No. 86-608.

Court of Appeal of Louisiana, Third Circuit.

June 26, 1987.
Writ Denied October 16, 1987.

*508 Thomas and Dunahoe, Edwin Dunahoe, Natchitoches, for plaintiffs-appellants.

Ronald E. Corkern, of Watson, Murchison, Crews, Arthur & Corkern, Natchitoches, John W. King, Baton Rouge, Wilson and Walker, Alonzo P. Wilson, Alexandria, for defendants-appellees.

Joe Walker, in pro. per.

Before DOMENGEAUX, LABORDE and YELVERTON, JJ.

LABORDE, Judge.

This case is one of three suits consolidated for trial. The cases remain consolidated on appeal, and we this day render separate opinions in the consolidated cases entitled Walker v. Commercial Union Insurance Company, 512 So.2d 513 (La.App. 3d Cir. 1987), and Commercial Union Insurance Company v. Walker, 512 So.2d 514 (La. App. 3d Cir.1987).

These cases arise out of a two-car accident which occurred at the intersection of *509 Louisiana Highway 1 and Woodyard Drive in Natchitoches Parish. Highway 1 is a north-south highway running through the City of Natchitoches. The DOTD is responsible for maintaining Highway 1. Highway 1 enjoys the right of way and traffic entering it from the east or west from Woodyard Drive is controlled by stop signs. Traveling south on Highway 1, an individual would cross the Cane River bridge immediately prior to reaching Woodyard Drive.

The accident involved a Natchitoches Parish Sheriff's Department vehicle driven by Deputy Leonard Jones with Deputy E.T. Grayson as a front seat passenger. The other vehicle was driven by Joe Walker, Jr. with John Edward Paige as a front seat passenger. Prior to the accident, Deputies Jones and Grayson, functioning in their capacities as employees of the Natchitoches Parish Sheriff's Department, were proceeding south on Highway 1 responding to an emergency call. According to testimony of Jones, they were traveling at a speed between 45 and 55 miles per hour with sirens sounding and lights flashing. At the same time, the vehicle driven by Joe Walker, Jr. was proceeding east on Woodyard Drive. The accident occurred when the vehicle driven by Joe Walker, Jr. allegedly ran the stop sign and proceeded into the path of the vehicle driven by Jones. The four occupants of the two vehicles involved in the collision were taken to the Natchitoches Parish Hospital. Paige later died as a result of injuries sustained in this mishap. Jones, Jackson and Grayson were hospitalized as a result of their injuries and later released.

Edward Paige, Jr., and his wife, Magnolia Paige, as surviving parents of John Edward Paige, filed a tort action against Commercial Union Insurance Company (Commercial), Leonard Jones, and Joe Walker, Jr. The Paiges alleged the negligence of Leonard Jones and Joe Walker, Jr. caused the injury and resulting death of their son, John Edward Paige. The Paiges also sought recovery from Commercial on the basis of an insurance policy issued by Commercial to the Natchitoches Parish Sheriff's Department providing coverage on the vehicle driven by Deputy Leonard Jones. Joe Walker, Jr. was uninsured.

Joe Walker, Jr. filed suit against Commercial and Leonard Jones. Walker alleged the negligence of Leonard Jones caused his injuries. Walker also sought recovery based on the aforementioned insurance policy issued to the Natchitoches Parish Sheriff's Department.

Commercial filed suit against Joe Walker, Jr. and the State of Louisiana, through the Department of Transportation and Development (DOTD). Commercial alleged the joint and concurrent negligence of Joe Walker, Jr. and DOTD as the sole and proximate cause of the accident.

In the Paige suit, Commercial and Leonard Jones filed an answer, denying any liability and alleging the sole and proximate cause of the accident to be the negligence of Joe Walker, Jr. The Paiges then filed an amended and supplemental petition naming as additional parties the DOTD and the City of Natchitoches. Plaintiffs alleged the negligence of the City of Natchitoches and the DOTD in failing to maintain and control this dangerous intersection. Commercial and Leonard Jones filed third party demands against Joe Walker, Jr. and DOTD. The City of Natchitoches answered the Paiges' amended and supplemental petition, denying liability and assigning the negligence of Joe Walker, Jr. as the sole proximate cause of the accident.

DOTD, in answering the suits by the Paiges and Joe Walker, denied liability and pled the fault of third parties, specifically Leonard Jones, Joe Walker, Jr., City of Natchitoches, Natchitoches Parish Sheriff's Office and Commercial. Commercial further pled the affirmative defense of assumption of the risk on the part of John Edward Paige.

An Exception of No Right of Action was filed by DOTD in connection with the suit filed by Commercial. The trial court denied the exception.

At trial, after plaintiffs presented their evidence, the attorney representing the City of Natchitoches requested and was granted a directed verdict. After trial on *510 the merits, the trial court found that Joe Walker, Jr. was solely responsible for the accident. The demands of the plaintiffs against Joe Walker, Jr. were denied on the basis that the decedent assumed the risk of injury or death when he intoxicated himself and voluntarily became a passenger in the Walker automobile at a time when he knew or should have known that Walker's driving ability would be impaired due to the influence of alcoholic beverages. The court further found that the DOTD was negligent in their treatment of the intersection, but concluded that there was no causal connection between DOTD's negligence and the death of John Paige. All claims against Commercial, Leonard Jones, and DOTD were dismissed. Judgment was rendered against Joe Jackson, Jr., in the amount of $13,416.35 to indemnify Commercial for payments to Leonard Jones and E.T. Grayson. The Paiges have devolutively appealed the judgments denying them recovery.

On appeal, plaintiffs divide their brief into four areas in which they feel the court manifestly erred. The first three areas involve whether there is a causal connection between the negligence of DOTD, Leonard Jones, Joe Walker, Jr., and the death of John Paige. In their last area plaintiffs argue that the trial court manifestly erred in determining that John Paige assumed the risk of his injuries when he rode with Joe Walker, Jr.

CAUSATION

Plaintiffs argue that the trial court erred in not finding a causal connection between the negligence of DOTD and the death of John Paige. Plaintiffs contend that the defective condition at the intersection is one in which the state is strictly responsible. Plaintiffs argue that sight restrictions imposed by the bridge railing constituted a defect posing an unreasonable risk of harm, thereby contributing to the cause of the accident. Plaintiffs then conclude that since the defect contributed to the accident, DOTD was solidarily liable with all other negligent defendants.

The Department of Highways is not a guarantor of the safety of all traveling motorists, but owes a duty to keep the highways and its shoulders reasonably safe for non-negligent motorists. Sinitiere v. Lavergne, 391 So.2d 821 (La.1980). There must also be a causal relationship between any alleged wrongful conduct or breach of said duty and the resulting harm before liability can attach. Mixon v. Allstate Insurance Company, 300 So.2d 232 (La.App. 2d Cir.), writ denied, 303 So.2d 179 (La.

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Bluebook (online)
512 So. 2d 507, 1987 La. App. LEXIS 9821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paige-v-commercial-union-ins-co-lactapp-1987.