Powell v. Regional Transit Authority

701 So. 2d 1370, 95 La.App. 4 Cir. 1426, 1997 La. App. LEXIS 2673, 1997 WL 688793
CourtLouisiana Court of Appeal
DecidedNovember 5, 1997
DocketNo. 95-CA-1426
StatusPublished

This text of 701 So. 2d 1370 (Powell v. Regional Transit Authority) 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
Powell v. Regional Transit Authority, 701 So. 2d 1370, 95 La.App. 4 Cir. 1426, 1997 La. App. LEXIS 2673, 1997 WL 688793 (La. Ct. App. 1997).

Opinion

JJDIACCIO, Judge.

This case was previously before this Court on an appeal of the Regional Transit Authority (“RTA”) from a judgment notwithstanding the verdict (JNOV) rendered in plaintiffs favor following a bifurcated trial. We set aside the JNOV, and reinstated the jury verdict. Plaintiff applied for writs from this decision to the Louisiana Supreme Court. The Supreme Court held that the jury trial was improperly called and the verdict of the jury must be disregarded. The case was therefore remanded to this court with instructions to review the trial court’s judgment rendered against the RTA in the bench trial. For the reasons stated herein, the judgment of the trial court is reversed and plaintiffs suit against the RTA is dismissed.

PROCEDURAL HISTORY

The underlying lawsuit arises from a collision between a Regional Transit Authority (RTA) bus and a New Orleans Police Department (NOPD) vehicle which occurred on February 20, 1990. Marjorie Powell, an NOPD officer and plaintiff herein, filed suit for damages against the RTA and Louise Singleton, the driver of the bus, requesting a trial by jury. The City of New Orleans, plaintiffs employer, filed an intervention seeking reimbursement for medical expenses and worker’s compensation benefits paid to plaintiff. The RTA answered plaintiffs suit and objected to the jury trial based on the provisions of LSA-R.S. 13:5105(A) which states that “[n]o suit against a political subdi-visionjjjshall be tried by jury.” Trial of this matter was bifurcated with a jury resolving the liability of the RTA employee, and the trial judge trying the plaintiffs case against the RTA.

Following trial, the jury returned a verdict finding Louise Singleton fi*ee from fault and the trial court rendered judgment accordingly. However, in resolving the case against the RTA, the court found Singleton to be 5% at fault in causing the accident for which the RTA was vicariously liable, and therefore rendered judgment in favor of Marjorie Powell and against the RTA in the sum of $223,-214.75.

[1372]*1372Based on the inconsistencies of these judgments, the RTA filed a Motion to Reconsider Verdict. Plaintiff filed a Motion for Judgment Notwithstanding the Verdict and/or New Trial. The trial court granted plaintiffs motion for JNOV and rendered judgment in favor of plaintiff and against defendants, the RTA and Louise Singleton, jointly, severally and in solido, in the sum of $223,524.75. The court also rendered judgment in favor of the City of New Orleans and against plaintiff for the full amount of the City’s intervention.

The RTA brought an appeal from this judgment in this Court. By an unpublished opinion dated January 31, 1996, this Court determined that the trial court had erroneously granted plaintiffs motion for JNOV and the trial court’s judgment to that effect was set aside. The jury verdict rendered in favor of the defendant bus driver was reinstated, and judgment was rendered in favor of the RTA and against plaintiff. Powell v. Regional Transit Authority, et al., 95-1426 (La.App. 4th Cir. 1/31/96), 666 So.2d 737, unit granted, 96-0715 (La.6/21/96), 675 So.2d 1092.

The Supreme Court granted certiorari “to determine whether the bifurcated trial was appropriate when the lone tortfeasor was an employee of a | ggovernmental body that was not subject to a jury trial and the governmental body was vicariously liable for the fault of the employee.” Powell v. Regional Transit Authority, et al., 96-0715 (La.6/18/97), 695 So.2d 1326. The Supreme Court found that a bifurcated trial in this instance was not warranted, and in fact, pursuant to the 1988 amendments to LSA-R.S. 13:5101, an employee of a political subdivision of the state is exempt from trial by jury. Thus, the Supreme Court determined, any action against both a political subdivision and its employee tried after 1988 must be tried by the judge alone without a jury. The Supreme Court concluded therefore that the jury trial of Singleton’s liability was incorrect and that the verdict of the jury must be disregarded. In finding that the trial court’s judgment against the RTA in the bench trial had not been reviewed by this Court, the Supreme Court remanded the case to this Court “to review the decision on liability under the manifest error standard and the decision on quantum under the much discretion standard.”

ISSUE

Based on the remand, the first issue presented for our review is whether the trial court erred in finding that the Louise Singleton was negligent in causing this accident. In the event we find no manifest error, we must also review the amount of damages awarded to plaintiff by the trial court.

FACTS

The facts, as stated in our original opinion, Powell v. Regional Transit Authority and Louise Singleton, supra, are as follows:

On February 20, 1990 plaintiff, NOPD Officer Marjorie Powell, was on active patrol duty riding as a passenger in a police cruiser on Canal Street. At the time of this incident, Officer Powell and the driver of the police vehicle, Officer Julie Jones, were in the process of issuing a citation to the driver of a vehicle whom the officers had observed disregarding a traffic psignal. Upon observing this infraction, the officers activated the vehicle’s flashing lights and siren, and indicated to the driver, Hannah Dabon, to stop her vehicle. Ms. Dabon then turned onto Crozat Street and stopped her vehicle on the right side of the street, and Officer Jones stopped the police vehicle directly behind the Da-bon car. With the police signals still flashing, Officer Jones exited the vehicle and issued the citation, while Officer Powell remained in the passenger seat of the police vehicle completing paperwork. After the citation had been issued, Officer Jones returned to her vehicle. At approximately the same time, an RTA bus being operated by Louise Singleton turned onto Crozat Street from Canal Street and attempted to pass the police vehicle which was parked on the right of the bus. However, the rear door of the bus came in contact with the driver’s door of the police vehicle which was slightly open at the time. It is disputed whether Officer Jones was in the process of opening the door or closing it when the collision occurred. The impact of this collision caused the police vehicle to move forward and collide with the Dabon vehicle [1373]*1373which had not yet left the scene. Plaintiff alleges she was injured in this impact.

At the trial, Louise Singleton testified that she had been employed as a bus driver by RTA for several weeks at the time of this accident. She stated she had driven buses for other employers prior to her employment with the RTA. Ms. Singleton testified that she made the turn from Canal onto Crozat Street approximately every 40 minutes during her nine hour shift.

Ms. Singleton stated that while operating her bus on Canal Street on the date of the accident, she observed the police vehicle in this ease activate its flashing lights and pull behind another vehicle on Crozat Street. Ms. Singleton stated that as she made the turn onto Crozat Street, there was enough room for the bus to pass the police vehicle. She stated that as the front end of the bus passed the police vehicle, the left door of the police vehicle opened and came in contact with the rear door of the bus. Ms. Singleton stated the door was not |sopen when she made the turn and that the entire bus could have passed if the door of the police car had not been opened.

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Related

Powell v. Regional Transit Authority
695 So. 2d 1326 (Supreme Court of Louisiana, 1997)
Anderson v. New Orleans Public Service Inc.
433 So. 2d 872 (Louisiana Court of Appeal, 1983)
Collins v. New Orleans Public Service, Inc.
466 So. 2d 693 (Louisiana Court of Appeal, 1985)
Hurst v. New Orleans Public Service, Inc.
478 So. 2d 1361 (Louisiana Court of Appeal, 1985)

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701 So. 2d 1370, 95 La.App. 4 Cir. 1426, 1997 La. App. LEXIS 2673, 1997 WL 688793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-regional-transit-authority-lactapp-1997.