Reichert v. State, Department of Transportation & Development

656 So. 2d 47, 1995 La. App. LEXIS 1203, 1995 WL 271583
CourtLouisiana Court of Appeal
DecidedMay 10, 1995
DocketNo. 26800-CA
StatusPublished
Cited by4 cases

This text of 656 So. 2d 47 (Reichert v. State, Department of Transportation & Development) 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
Reichert v. State, Department of Transportation & Development, 656 So. 2d 47, 1995 La. App. LEXIS 1203, 1995 WL 271583 (La. Ct. App. 1995).

Opinions

LSEXTON, Judge.

This is a wrongful death action filed by the wife and son of Art Reichert for fatal injuries received by decedent in a ear accident. Defendants, state of Louisiana and A.L. Williams, were found to be at differing degrees of fault by the judge and jury. Corresponding damages were awarded. We affirm in part and reverse in part.

FACTS

This case arises as the result of an automobile accident which occurred on Highway 33 in Lincoln Parish, Louisiana. Light rain was falling on July 21, 1992, the date of the accident. Art Reichert was traveling south on Louisiana Highway 33 in Lincoln Parish while A.L. Williams was in a vehicle traveling north on this same highway. He was towing a flatbed trailer. Ronnie Martin was driving a Ford truck in front of Williams and stopped to make a left turn onto Louisiana Highway 821 to go in a westerly direction. Williams apparently failed to timely see Martin’s vehicle and attempted to make an emergency stop by slamming on his brakes. As a result, Williams was unable to maintain control of his vehicle which proceeded into the southbound lane of Highway 33, striking Reichert’s vehicle. Upon impact, Williams’ vehicle was turned around into the southbound lane, the direction in which Reichert was traveling. As the Williams’ vehicle spun around, the attached trailer struck the rear of Martin’s vehicle. Reichert died as a result of injuries received in the accident.

Louisiana Highway 33, a paved two-lane road, curves north-northeast as one travels north to the intersection of Highways 33 and 821. Highway 821, also paved and two-lane, proceeds in an east-west direction. The two roads intersect about six miles north of Ru-sten, Louisiana, at the location of this accident. Highway 33 curves to the left after its intersection with Highway 821. Prior to reaching the intersection, traveling north on Highway 33, a hill crest is located approximately 600 feet prior to the intersection which drops to the intersection as one travels in a northerly direction. Two stop signs are located on both the east and west extensions of Highway 821 at the intersection. There is a paved shoulder area measuring approximately thirteen feet in width for motorists turning to the right from northbound La. 33 onto eastbound La. 821. The lane of travel is ^approximately twelve feet wide. There are no caution lights informing motorists of the impending intersection nor does there exist a turn lane. Both a crossroad caution sign and junction sign warn of the intersection and are placed approximately 1000 and 800 feet, respectively, prior to the intersection.

Reichert’s widow, Martha Reichert, and Reichert’s son, Thomas Reichert, filed suit for wrongful death against Williams; Martin; the state of Louisiana; Williams’ employer and its insurer; Williams’ liability insurer, State Farm; and Reichert’s uninsured insurer, also State Farm; Herman Manuel, the owner of the trailer attached to Williams’ truck; and Manuel’s insurer.

A trial by jury resulted in a verdict relieving Reichert from any liability. The jury assessed 50 percent fault to Williams and 50 percent fault to the state of Louisiana. The jury awarded the sums of $200,000 for loss of love and affection and $125,000 for loss of services and support, in addition to $7000 medical and funeral expenses to Martha Reichert. Additionally, the jury awarded the sum of $35,000 for loss of love and affection to Thomas Reichert.

In a subsequent written opinion, the trial judge found the state of Louisiana 100 percent at fault in causing the accident and signed a single judgment reflecting the jury’s assessment of damages, but reflecting both the jury’s and his assessment of fault. De[50]*50fendants Williams and the state of Louisiana appeal.

Plaintiffs have answered the appeal, seeking an increase to the award to Mrs. Reichert for loss of services and support. They also contend the trial judge erred in failing to grant a JNOV to resolve the varying degrees of fault assessed by the trial judge and the jury.

The state of Louisiana argues that the trial court erred in failing to exclude from evidence certain “self-critical evaluations” made by the state pertaining to the highway in question pursuant to the provisions of 23 U.S.C.A. § 409, which excludes certain evaluations from evidence in state tort suit cases. The state further argues that trial court erred in failing to follow the language of LSA-R.S. 32:235(E), which provides that _[3evidence which indicates that traffic warning devices are in compliance with applicable design standards presents prima facie proof of adequacy. The state also argues that the trial court erred in allowing into evidence information regarding reports of other accidents for the purpose of showing that the state was put on notice of defects in the highway. Next, the state argues that there has been no showing on the part of plaintiffs that it breached any duty owed to plaintiffs or that the damages received by plaintiffs were caused by the negligence of the state. Finally, the state argues that the trial judge erred in applying the “sudden emergency doctrine” to the conduct of Williams in light of the fact that Williams’ conduct created the sudden emergency.

Williams argues that the jury erred in failing to apply the “sudden emergency doctrine” to the facts of this case, specifically relating to the actions of Williams and, secondly, that the jury erred in its allocation of fault between the state and Williams.

Mrs. Reichert assigns as error the award of damages to her for loss of support and service, asserting that they are inadequate to fully compensate her for the damage sustained. Further, Reichert challenges the denial of her Motion for Judgment Notwithstanding the Verdict.

APPLICATION OF 23 U.S.C.A. § 409

We first address the contentions of the state as they relate to the admissibility or exclusion of certain evidence pursuant to the provisions of 23 U.S.C.A. § 409. That provision reads as follows:

Notwithstanding any other provisions of law, reports, surveys, schedules, lists, or data compiled for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 152 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such report, surveys, schedules, lists, or data.

_||At trial the state of Louisiana filed a pretrial motion in limine seeking to have the evidence excluded. The court denied the motion and the evidence discussed below was introduced at trial.

Although the state does not specify which evidence it claims should have been excluded, it appears that plaintiffs’ Exhibits 28 to 37 are those to which issue is taken. Plaintiffs’ Exhibits 28, 30, 31, 32, 34, and 35 are various letters requesting feasibility studies by two state representatives and responses to those requests by various Department of Transportation employees. Plaintiffs’ Exhibit 36 is a letter directed to a state representative in response to his request for the installation of a flashing beacon at the intersection which contains reference to the results of a study done by the department of transportation.

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Related

Eppinette v. City of Monroe
698 So. 2d 658 (Louisiana Court of Appeal, 1997)
Reichert v. State, Dept. of Transp. and Development
694 So. 2d 193 (Supreme Court of Louisiana, 1997)
Reichert v. State, Department of Transportation & Development
674 So. 2d 1105 (Louisiana Court of Appeal, 1996)
Reichert v. STATE, DEPT. OF TRANSP. & DEV.
674 So. 2d 1105 (Louisiana Court of Appeal, 1996)

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Bluebook (online)
656 So. 2d 47, 1995 La. App. LEXIS 1203, 1995 WL 271583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reichert-v-state-department-of-transportation-development-lactapp-1995.