Robert v. Albarado

509 So. 2d 575
CourtLouisiana Court of Appeal
DecidedApril 8, 1987
Docket86-394
StatusPublished
Cited by6 cases

This text of 509 So. 2d 575 (Robert v. Albarado) 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
Robert v. Albarado, 509 So. 2d 575 (La. Ct. App. 1987).

Opinion

509 So.2d 575 (1987)

Cyril J. ROBERT & Diane R. Robert, Plaintiffs-Appellants,
v.
Barry J. ALBARADO & the State of Louisiana, Through the Department of Transportation & Development, Defendants-Appellees.

No. 86-394.

Court of Appeal of Louisiana, Third Circuit.

April 8, 1987.
Writ Denied June 12, 1987.

*577 William J. Aubrey, Gordon Square, Lafayette, for plaintiffs-appellants.

Grady C. Weeks and William A. Stark of Weeks and Stark, Houma, Albert M. Karre, Lafayette, for defendants-appellees.

Before DOMENGEAUX, GUIDRY and STOKER, JJ.

GUIDRY, Judge.

This case arises out of a two car accident on Louisiana Highway 339 at the point where said highway makes a "T" intersection with C. Broussard Road, a parish road in Lafayette Parish. Louisiana Highway 339 runs north-south and C. Broussard Road terminates at its eastern end at Hwy. 339. Plaintiffs sought judgment against Barry J. Albarado, the driver of the other vehicle, and the State of Louisiana through the Department of Transportation and Development (DOTD). As to the latter, plaintiffs contend that DOTD is liable, in that, it failed to do the following:

(1) warn north bound motorists of the approaching intersection by placement of a road sign;
(2) mark the highway with a solid yellow line indicating a "no passing" zone;
(3) warn motorists of an upcoming bridge by placement of a road side sign; and,
(4) place guard rails along the roadway leading to the bridge abutments.

The accident occurred on December 1, 1981, a clear, dry day, at approximately 9:00 a.m. At the time of the accident, Hwy. 339 (Verot School Road or V.S.R.) was marked with a single dashed centerline which ran through the junction of Highway 339 and C. Broussard Road and across a small bridge to the north of the intersection. There were no highway markings prohibiting passing or road signs indicating the upcoming junction or bridge.

Plaintiff, Diane R. Robert, testified that she was driving her vehicle in a northerly direction on V.S.R. when she overtook a slow moving pick-up truck owned and operated by defendant, Barry Albarado, also proceeding north bound. The section of roadway the vehicles were traversing was a two lane, two way, black-topped highway in a rural section of Lafayette Parish. Mrs. Robert stated that, after ascertaining there was no oncoming traffic and no apparent impediments to safely passing the slower moving pick-up, she initiated a passing maneuver by activating her left turn blinker and pulling into the left (southbound) lane of traffic. Plaintiff-appellant testified that defendant never activated his left turn signal and, as she pulled even with or slightly ahead of the Albarado vehicle, Albarado suddenly, without warning, initiated a left turn into a minor side road whose junction with the main road was not readily apparent.

Mrs. Robert maintained that defendant's maneuver caused the left front of his vehicle to strike the passenger side of her station wagon, resulting in her vehicle being thrown off the paved surface of the roadway. She explained that the suddenness and force of the collision combined with the loose gravel, dirt and grass on the shoulder of the highway prevented her from regaining sufficient control of her vehicle to bring it back onto the roadway before it struck the concrete bridge abutment. The impact resulted in appellant sustaining serious disabling personal injuries and the total loss of the Robert vehicle.

Defendant, Barry Albarado, testified that he and his brother, Mark, were on the way to feed defendant's horse, which he stabled on C. Broussard Road, when they stopped at Boutte's Store, approximately two miles south of the accident site, to get something to eat. Barry stated that upon leaving the store, he accelerated to approximately 45 m.p.h. and did not start to decelerate until he was about 1500 feet from C. Broussard Road (C.B.R.). Albarado claimed that he gradually applied his brakes, approximately 500 feet from C.B.R., and by the time he started to make his turn, his speed had decreased to between 5 and 15 m.p.h.

Albarado testified that he did not see plaintiff's vehicle prior to the crash, even though he checked his rear view mirrors (one inside and two outside) at least twice *578 before he commenced his turn. Furthermore, he asserted that he activated his turn signal before attempting to exit the highway. This testimony was corroborated by defendant's brother, Mark.

The learned trial judge, in his well written "Reasons for Ruling", made the following findings:

"Based upon the facts of the case as applied to the law, the Court finds DIANE R. ROBERT negligent in the following respects:
(1) Failing to observe the Albarado left turn signal;
(2) Attempting the passing maneuver when, under the circumstance then and there prevailing, the same could not be done with safety;
(3) Failing to give audible warning of such passing maneuver.
The Court finds BARRY J. ALBARADO negligent in the following respects:
(1) Attempting the left turn maneuver without making sure that there was no overtaking traffic threatened thereby —i.e. the Robert vehicle; and
(2) In failing to maintain a proper lookout with respect to such overtaking traffic.
Based upon the facts of the case as applied to the law, the Court finds the following negligence of the parties:
DIANE R. ROBERT                40%
BARRY J. ALBARADO              60%
                              ____
                              100%
....
This Court cannot find sufficient basis to hold the State of Louisiana liable in either negligence or strict liability. The Court can find no law or standards which require the State to make a `no-passing zone' via solid lines, nor post a `no passing sign' on Highway 339, the preferred highway, with respect to C. Broussard Road, the inferior road which has a `T' intersection access with such preferred highway on a straight away with a clear, unobstructed view of the intersecting road (especially where, as here, the sheer numbers of such connecting inferior roads and the heavy population density of the area, would require virtually an unending no-passing zone literally for miles).
Likewise, the Court does not find the shoulders or lack of guard rail on the bridge to be defective conditions. Even with guard rails, the plaintiffs did not prove Mrs. Robert's injuries would have been prevented or mitigated. Accordingly, the Court finds neither negligence nor liability under the strict liability doctrine on the part of the State."

The trial judge calculated the past medical expenses of Mrs. Robert as $45,221.00 and made the following damage awards:

"... [T]he Court makes the following awards to plaintiffs, DIANE R. ROBERT and CYRIL J. ROBERT, and against BARRY J. ALBARADO (subject to the negligence apportionment).
Medical expenses, past and future              $ 65,000.00
Loss of vehicle                                   5,375.00
Past and future loss of earnings                200,000.00
General Damages                                 300,000.00
                                               ___________
TOTAL                                          $570,375.00

Such amount should be reduced by the negligence apportioned to plaintiff of 40%.

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Bluebook (online)
509 So. 2d 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-v-albarado-lactapp-1987.