Poland v. Glenn

623 So. 2d 227, 1993 WL 310836
CourtLouisiana Court of Appeal
DecidedAugust 18, 1993
Docket24959-CA
StatusPublished
Cited by26 cases

This text of 623 So. 2d 227 (Poland v. Glenn) 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
Poland v. Glenn, 623 So. 2d 227, 1993 WL 310836 (La. Ct. App. 1993).

Opinion

623 So.2d 227 (1993)

Billie Gene POLAND, et vir., Plaintiffs-Appellants,
v.
John L. GLENN, et al., Defendants-Appellees.

No. 24959-CA.

Court of Appeal of Louisiana, Second Circuit.

August 18, 1993.

*228 Stephen R. Burke, Minden, for plaintiffs-appellants Billie Gene Poland and Henry Ray Poland.

Michael E. Daniel, Bossier City, for defendant-appellee City of Bossier City.

Mayer, Smith & Roberts by George T. Allen, Jr., Shreveport, for defendant-appellee L.J. Earnest, Inc.

Richard P. Ieyoub, Atty. Gen. by Moses Junior Williams, Tallulah, for defendant-appellee State of LA, Dept. of Transp. Div.

Before MARVIN, SEXTON and STEWART, JJ.

SEXTON, Judge.

The plaintiffs, Billie Gene and Henry Ray Poland, appeal the trial court judgment granting defendants' motions for involuntary dismissal following the presentation of plaintiffs' evidence at trial. The plaintiffs had sought to have defendants, L.J. Earnest, Inc., the State of Louisiana through the Department of Transportation and Development, the City of Bossier City, and Bossier City Police Officers Larry Stockton and Tommy Scott, found liable for damages plaintiffs sustained in an automobile accident. We affirm.

On June 6, 1987, in the early afternoon of a sunny, clear day, Kevin Poland drove his parents' (the plaintiffs) automobile from Bienville Parish westbound on Interstate 20. Kevin Poland was taking his sister, Candace Poland Brown, to the Shreveport Regional Airport. Plaintiff, Billie Gene Poland, was a passenger in the front seat.

After entering Bossier Parish, the Poland vehicle entered a construction zone marked by 45 miles per hour speed limit and "under construction" signs. Large, orange-striped barrels funneled westbound traffic into a single lane. The construction zone continued for several miles.

Near the approximate end of the construction zone, past the Hamilton Road exit and before the access ramp for traffic entering the interstate from Hamilton Road, the driver in front of the Poland vehicle came to an abrupt stop. The testimony indicates that this occurred at a point where both the orange-striped barrels ended and Hamilton Road traffic merged onto the interstate. There is, however, no evidence that any traffic was merging onto the interstate at this time which might have caused the lead vehicle to stop. Kevin Poland attempted to stop his vehicle, but was unable to do so without his vehicle touching or bumping the preceding *229 vehicle. No damage resulted from this initial accident.

The lead vehicle then pulled forward and to the left, closer to the median, but still blocking the only westbound lane of traffic. Less than a minute after the initial collision, the Poland vehicle was struck from behind by a third vehicle, owned and driven by John L. Glenn. This second collision resulted in significant damage to the Poland vehicle and, apparently, personal injuries to Mrs. Poland.

The Bossier City Police Department was notified of the accident and Officers Tommy Scott and Larry Stockton responded. Officer Scott handled the investigation of the accident, and Officer Stockton primarily directed traffic through the accident scene. The driver of the lead vehicle was released without any personal information being collected for inclusion on the accident report. Officer Scott testified that Kevin Poland had talked to the driver of the lead vehicle and, as there had been no damage caused by the initial accident, it was decided that an accident report on the first collision was unnecessary. The accident report does not contain the lead driver's name or other pertinent information on her vehicle. Kevin Poland denied ever talking with the driver of the lead vehicle and claimed that the police officers prevented his approaching the lead driver.

Plaintiffs filed this lawsuit against Mr. Glenn and his insurer; the unknown driver of the lead vehicle, denominated Jane Doe, and her unknown insurer;[*] Kevin Poland and his insurer; the insurer of the Polands' vehicle; Bossier City and its two employees, Officers Scott and Stockton; and two subcontractors, L.J. Earnest, Inc. and Netherton Company, Inc. An amended petition added the general contractor, Holes, Inc. and the State of Louisiana through the Department of Transportation and Development.

Plaintiffs settled with Kevin Poland and John Glenn and their respective insurers. Netherton Company, Inc. and Holes, Inc. were dismissed following unopposed motions for summary judgment after L.J. Earnest, Inc. admitted that it was under contract to perform construction at the point where the accident occurred and was solely responsible for erecting and maintaining all signs, barricades, barrels, and other construction signs and warnings on the project.

The case proceeded to trial against the remaining defendants. Plaintiffs sought to prove liability on the part of L.J. Earnest, Inc. and the state in failing to adequately erect signs or otherwise provide direction to drivers through the construction zone, particularly at the termination of the construction zone. The alleged liability of Bossier City and Officers Scott and Stockton stemmed from the release of the unknown driver of the lead vehicle without obtaining any information from her. Plaintiffs claim they were thus unable to properly seek damages against Jane Doe, a party, in part, responsible for plaintiffs' damages.

At trial plaintiffs testified and called Kevin Poland, Candace Poland Brown, and Officers Scott and Stockton as witnesses. Jane Doe obviously did not testify, nor did Mr. Glenn, who allegedly could not be found at the time of trial. At the close of plaintiffs' evidence, the defendants moved for involuntary dismissal pursuant to LSA-C.C.P. Art. 1672 B. The trial court granted the motion for involuntary dismissal, finding no liability on the part of any of the defendants. The trial court noted that everybody who testified knew the area was under construction, thus precluding liability on the state or L.J. Earnest, Inc., as further signs would not have prevented this accident. Further, the trial court found no liability on the unknown driver of the lead vehicle, thus precluding a finding of liability on the city or its police officers. A judgment was signed dismissing plaintiffs' claims. Plaintiffs appeal.

LSA-C.C.P. Art. 1672 B provides:

B. In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may *230 move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff and in favor of the moving party or may decline to render any judgment until the close of all the evidence.

In considering a motion for involuntary dismissal, LSA-C.C.P. Art. 1672 B requires the trial court to evaluate all of the evidence and render a decision based upon a preponderance of the evidence without any special inference in favor of the opponent to the motion. Fuller v. Wal-Mart Stores, Inc., 519 So.2d 366 (La.App. 2d Cir.1988); Barnes v. Thames, 578 So.2d 1155 (La.App. 1st Cir. 1991). An appellate court should not reverse an involuntary dismissal based on LSA-C.C.P. Art. 1672 B in the absence of manifest error. Shafer v. State, Department of Transportation and Development, 590 So.2d 639 (La.App. 3rd Cir.1991).

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Bluebook (online)
623 So. 2d 227, 1993 WL 310836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poland-v-glenn-lactapp-1993.