Royle v. Casualty Reciprocal Exchange

486 So. 2d 271, 1986 La. App. LEXIS 6645
CourtLouisiana Court of Appeal
DecidedApril 9, 1986
Docket85-214
StatusPublished
Cited by4 cases

This text of 486 So. 2d 271 (Royle v. Casualty Reciprocal Exchange) 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
Royle v. Casualty Reciprocal Exchange, 486 So. 2d 271, 1986 La. App. LEXIS 6645 (La. Ct. App. 1986).

Opinion

486 So.2d 271 (1986)

Myrtle Faye ROYLE, Plaintiff-Appellee,
v.
CASUALTY RECIPROCAL EXCHANGE, et al., Defendants-Appellants.

No. 85-214.

Court of Appeal of Louisiana, Third Circuit.

April 9, 1986.
Writ Denied June 6, 1986.

*272 John W. King, and Rick Albright, Baton Rouge, for defendants-appellants.

Robert W. Thomas of Thomas & Hardy, John L. Van Norman, III, Lake Charles, for plaintiff-appellee.

Logan Nichols, Jennings, Onebane & Associates, Dennis Dois, Lafayette, for defendant-appellee.

Before LABORDE and YELVERTON, JJ., and FONTENOT, J. Pro Tem.[*]

YELVERTON, Judge.

This and two other consolidated cases [Royle v. Casualty Reciprocal Exchange, 486 So.2d 276 (La.App. 3rd Cir.1986) and Ryder v. Toyota Motor Sales, Limited, 486 So.2d 277 (La.App. 3rd Cir.1986)] involve a one vehicle accident allegedly caused by a defective highway shoulder. The plaintiffs-appellees are Jean C. Ryder Hobson, the driver of the vehicle, a Toyota Land Cruiser, and Myrtle F. Royle and her son, Terrance Royle, the passengers. The defendant at trial and on appeal is the State of Louisiana, through the Department of Transportation and Development (DOTD).

The accident happened on July 21, 1977. Three suits were filed. The driver, Jean C. Ryder Hobson, originally sued the DOTD, the Jefferson Davis Parish Police Jury and Toyota Motor Sales Company, Limited (Toyota). The petition alleged that the vehicle hit a hole on the shoulder of U.S. Highway 90 causing it to overturn. The petitioner alleged that DOTD and the Jefferson Davis Parish Police Jury failed to maintain or repair the dangerous condition of the shoulder, and further alleged that the vehicle was defective. The passengers, Terrance Royle and Myrtle F. Royle, each filed a separate action naming as defendants Jean C. Ryder, Gerald Hobson, the owner of the vehicle, and his insurer, Casualty Reciprocal Exchange, as well as DOTD, Jefferson Davis Parish Police Jury and Toyota. Myrtle F. Royle also named her uninsured motorist insurer, American Employer Insurance Company, as defendant.

DOTD filed its answers to the suits and pleaded contributory negligence on the part of the driver. It also filed third party demands against Jean C. Ryder Hobson, Gerald Hobson and Toyota.

Before trial the Police Jury was dismissed by summary judgment in all cases. The plaintiffs settled with all the other defendants except DOTD, leaving it as the only defendant at the trial on the merits. At trial, which took place in 1982, DOTD dismissed its third party demand against Jean Ryder Hobson and Casualty Reciprocal. After trial judgment was rendered for the plaintiffs against DOTD. Myrtle F. Royle was awarded $253,945.89 and legal interest; Terrance Royle was awarded $3,500.00 and legal interest; and Jean Ryder Hobson was awarded $6,409.98 and legal interest. DOTD's remaining third party demand was dismissed. The DOTD appealed. We affirm.

Three main issues—all questions of fact and all relating to liability—are presented by this appeal. They are:

(1) Whether the trial court erred in finding the condition of the shoulder caused or contributed to the accident;
*273 (2) Whether the trial court erred in failing to find Jean C. Ryder Hobson contributorily negligent; and
(3) Whether the trial court erred in failing to find that the Toyota Land Cruiser was defective and that the alleged defects caused or contributed to the accident or at least to the injuries sustained by the occupants.

Although the trial was conducted over five years after the accident, the testimony adequately explains what happened. The scene of the accident and the physical evidence were described by the investigating officer, Louis Hyatt, of the Louisiana State Police. He said that U.S. Highway 90 is a two-lane blacktop highway. The accident occurred 3 miles west of Jennings just past an "S" curve. The speed limit was 55 miles per hour. The weather on the date of the accident was hot and sunny. The right south shoulder had a rut approximately eight to ten feet long, a foot wide and approximately three to four inches deep. The rut was adjacent to the highway. The rut was worn down and had age to it. The vehicle flipped over on the highway and ended up in the north ditch across the highway. The gouge marks left on the road by the vehicle flipping over were on the Jennings side of the rut. The driver told him that the vehicle had left the highway onto the right shoulder, eventually striking the rut causing the vehicle to cut back to the left.

Gil Albanese examined the scene of the accident in August 1977. The length of the rut was 40 steps. The deepest part was eight feet in length, 12 to 14 inches wide and eight inches deep. The rut was located four inches off the paved portion of the highway.

The description of the accident itself was given by the driver and one of the passengers. Jean C. Ryder Hobson, the driver of the vehicle, testified on July 21, 1977 she was driving a Toyota Land Cruiser in an easterly direction on U.S. Highway 90 toward Jennings, Louisiana. After negotiating an "S" turn her two right tires left the pavement of the highway onto the shoulder. She attempted to slow down the vehicle by letting her foot off of the accelerator in order to reenter the highway. Her speed limit was around 40 miles per hour. She held on to the steering wheel and proceeded along the shoulder without attempting to turn the vehicle back on the paved portion of the highway. She did not apply the brakes. At the moment her left rear wheel left the pavement, that wheel went into a hole and the vehicle jerked back to the left causing it to flip over. Mrs. Ryder was thrown out of the vehicle. She never turned the steering wheel to the left, the steering wheel turned to the left when the vehicle hit the hole. Before it hit the hole she had the vehicle under control. Mrs. Ryder had noticed the quick steering of the vehicle several times before the accident. The vehicle would tend to drift off the road. However, she was not sure as to the reason why the vehicle drifted off the road on the date of the accident. She had not been drinking on the date of the accident.

Terrance Royle, a passenger in the vehicle, testified that Jean Ryder Hobson was driving the vehicle while his mother, Myrtle F. Royle, was seated on the passenger's side of the front seat. He was seated in the back seat behind the driver. The vehicle drifted off the road to the right while in the second turn of the "S" curve. The vehicle had not been on the shoulder very long when it dipped down into a hole. At that moment it turned sharply to the left, and then overturned. He estimated the speed of the vehicle at 47-50 miles per hour when the vehicle drifted off the highway. He knew of no problem with the steering.

The other passenger, Myrtle F. Royle, could not remember any details about the accident.

Damaging testimony as to the condition of the shoulder was given by the DOTD maintenance supervisor, I.J. Deshotel, whose job it was to inspect the highways for pot holes and repairs. He inspected U.S. Highway 90 approximately two to three times a week. He submitted inspection reports revealing high and low shoulders in some areas along the highway during *274 July 1977. He estimated that 15 tons of shell were needed to fix the various areas. He considered any rut three inches deep to be dangerous. He had noticed that the shoulder on the south side of the shoulder where the accident occurred was low.

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Related

Creel v. SA Tarver & Son Tractor Co.
537 So. 2d 752 (Louisiana Court of Appeal, 1988)
Royle v. Casualty Reciprocal Exchange
489 So. 2d 250 (Supreme Court of Louisiana, 1986)
Royle v. Casualty Reciprocal Exchange
486 So. 2d 276 (Louisiana Court of Appeal, 1986)
Ryder v. Casualty Reciprocal Exchange
486 So. 2d 277 (Louisiana Court of Appeal, 1986)

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Bluebook (online)
486 So. 2d 271, 1986 La. App. LEXIS 6645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royle-v-casualty-reciprocal-exchange-lactapp-1986.