Phillips v. ALLIANCE CAS. & REINS. CO.

689 So. 2d 481, 1996 WL 793775
CourtLouisiana Court of Appeal
DecidedNovember 8, 1996
Docket95 CA 2161
StatusPublished
Cited by4 cases

This text of 689 So. 2d 481 (Phillips v. ALLIANCE CAS. & REINS. 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
Phillips v. ALLIANCE CAS. & REINS. CO., 689 So. 2d 481, 1996 WL 793775 (La. Ct. App. 1996).

Opinion

689 So.2d 481 (1996)

Betty Jane Istre PHILLIPS, James Dennis Phillips, David Neal Phillips, and Timothy Dwayne Phillips
v.
ALLIANCE CASUALTY AND REINSURANCE COMPANY, Frank Huszar, Highlands Insurance Company, Allstate Insurance Company and State of Louisiana Through the Department of Transportation and Development.

No. 95 CA 2161.

Court of Appeal of Louisiana, First Circuit.

November 8, 1996.

*482 William M. Quin, Kentwood, for 2nd Appellants Plaintiffs.

Randall J. Cashio, Baton Rouge, for 1st Appellant State of Louisiana, DOTD.

Mary Ann Bossetta-Goodman, Covington, for Appellee Allstate Insurance Co.

Before LOTTINGER, C.J., and WATKINS, FOIL, FOGG and TANNER,[1] JJ.

FOIL, Judge.

This appeal challenges a trial court's liability and quantum determinations. After a thorough review of the record, we reverse the court's liability ruling.

BACKGROUND

On January 18, 1990, a vehicular collision between a pickup truck and an eighteen-wheeler occurred in a curve commonly called "Hayden's Curve," located along Louisiana Highway 40 in Tangipahoa Parish. Neal Nathan Phillips, who was driving the pickup truck, was killed as a result of injuries sustained in the collision. His wife and three sons filed this wrongful death action against the driver of the other vehicle, Frank Huszar, and Mr. Huszar's liability insurer, Highlands Insurance Company, alleging that Mr. Huszar was at fault in causing the accident by speeding and failing to maintain control of his vehicle in the curve. Plaintiffs also sued the State of Louisiana, Department of Transportation and Development (DOTD), alleging that the condition of the curve presented an unreasonable risk of harm and was a causative factor in bringing about the collision.

Prior to trial, plaintiff settled with Mr. Huszar and LIGA, which was brought in as a defendant due to Highland's insolvency. Following the conclusion of the lengthy trial, during which a host of traffic engineers and experts in road design testified, the trial court ruled that the curve was unreasonably dangerous because of several design deficiencies, and these design deficiencies caused the accident to occur. DOTD was assessed with fifty percent fault, while the remaining fifty percent fault was allocated to Mr. Huszar. Mrs. Phillips was awarded general damages in the amount of $600,000.00, and her sons were each awarded general damages in the amount of $125,000.00. The court also entered a loss of income award totalling $235,000.07, and special damages in the amount of $6,072.33. All awards were reduced by the percentage of fault attributable to Mr. Huszar.

*483 This appeal, taken by plaintiffs and DOTD, followed. Plaintiffs contend that DOTD should have been found 80% at fault, and they also contest the sufficiency of the loss of support award. DOTD challenges the trial court's liability determination, its general damage award to the surviving spouse and the interest award. Because of our resolution of the liability issue, we pretermit discussion of all other issues raised in this appeal.

LIABILITY

DOTD has a general duty to construct and maintain highways in a reasonably safe condition for persons exercising ordinary care and reasonable prudence. Barnes v. Thames, 578 So.2d 1155, 1164 (La.App. 1st Cir.) writs denied, 577 So.2d 1009 (La.1991). DOTD's duty to provide a reasonably safe roadway may be discharged by providing adequate warnings of a defect or hazard. The adequacy of the warning depends on the nature of the hazard to be guarded against. Johnson v. State, Department of Transportation and Development, 497 So.2d 768, 771 (La.App. 3d Cir.1986), writ denied, 501 So.2d 231 (La.1987). See also Vervik v. State, Department of Highways, 302 So.2d 895 (La. 1974). It is well settled that DOTD is not responsible for every accident which may occur on state highways, nor is it the guarantor of the safety of travellers. Barnes v. Thames, 578 So.2d at 1164.

As in any negligence action, plaintiffs have the burden of proving by a preponderance of the evidence that Hayden's Curve presented an unreasonable risk of harm to the motoring public, and that the unreasonably dangerous condition caused the resulting accident. Causation is usually a "but for" inquiry which tests whether the injury would not have occurred but for the defendant's substandard conduct. Cay v. State, Department of Transportation and Development, 93-0887 (La.1/14/94); 631 So.2d 393, 395.

The critical inquiry in this case is the propriety of the trial court's causation determination. Because causation is ultimately a factual question, our standard of review is governed by the dictates of Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). Under Stobart, in order to reverse a factual determination, this court must find: (1) a reasonable factual basis does not exist in the record for the finding and (2) the record establishes that the finding is clearly wrong or manifestly erroneous. The issue to be resolved by this court is whether the factfinder's conclusion is a reasonable one. Reasonable evaluations of credibility and reasonable inferences of fact may not be disturbed on review where conflicts exist in the testimony. Nevertheless, although this court must give great deference to the trier of fact, we have a constitutional duty to review facts and reverse verdicts of the trial court that are clearly wrong based on the evidence, or are clearly without evidentiary support. Ambrose v. New Orleans Police Department Ambulance Service, 93-3099 (La.7/5/94); 639 So.2d 216, 221.

The facts pertinent to the liability inquiry can be summarized as follows: Hayden's Curve is located in what the experts described as a hilly, or rolling terrain, along Louisiana Highway 40. The evidence established that the curve was adequately and properly signed by DOTD. There were a series of warning signs in the vicinity to alert drivers to the presence of the curve, including a black and yellow diamond shaped warning sign showing a right angle turn in an arrow symbol. These signs, in place prior to the entrance to both lanes of travel of Hayden's Curve, contained speed advisory plates. There was some dispute as to whether the posted speed on the advisory sign at the time of the accident was 25 m.p.h. or 35 m.p.h. The investigating officers testified that they observed a speed advisory sign on each side of Hayden's Curve with a 35 m.p.h. speed limit thereon. For the purposes of this appeal, we assume that the signs in place on the morning of the accident posted speed advisory limits of 35 m.p.h. on them.

On the morning of January 18, 1990, Frank Huszar was driving an eighteen-wheeler in a westerly direction on Highway 40. Mr. Huszar admitted that he had previously travelled in this area on numerous occasions, and he was familiar with Hayden's *484 Curve. He stated that he observed a curve warning sign before he entered Hayden's Curve, but did not notice a speed limit advisory sign thereon. He testified that he was travelling approximately 45 m.p.h. when he first saw the curve ahead of him, and as he got closer to the curve, he slowed to 35 m.p.h. because he was familiar with the nature of the curve. Mr. Huszar attested that he observed Neal Phillips' pickup truck pass him in the curve, and then suddenly, he felt a jolt when the trailer of his eighteen wheeler and the pickup truck driven by Mr. Phillips collided. Mr.

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Bluebook (online)
689 So. 2d 481, 1996 WL 793775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-alliance-cas-reins-co-lactapp-1996.