Stephens v. Stephens Truck Lines, Inc.

478 So. 2d 187, 1985 La. App. LEXIS 10143
CourtLouisiana Court of Appeal
DecidedNovember 7, 1985
DocketNo. 84-763
StatusPublished
Cited by1 cases

This text of 478 So. 2d 187 (Stephens v. Stephens Truck Lines, Inc.) 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
Stephens v. Stephens Truck Lines, Inc., 478 So. 2d 187, 1985 La. App. LEXIS 10143 (La. Ct. App. 1985).

Opinion

DOUCET, Judge.

This appeal arises out of a suit for damages incurred by the plaintiff as a result of an intersectional accident allegedly due to a malfunctioning semaphore traffic signal located in the Village of Rosepine, Louisiana. Following trial, judgment was rendered against the State of Louisiana, through its Department of Transportation and Development (Department) for the sum of $18,-473.00. The judgment dismissed all claims against the Village of Rosepine and Louisiana Paving Company, Inc. From this judgment the Department appeals. We amend and affirm.

The substance of the issues presented on appeal are as follows:

(1)Whether the trial court erred in finding the semaphore traffic signal was malfunctioning at the time of the accident; .
(2) Whether the trial court erred in finding that the plaintiff was free of fault; and
(3) Whether the trial court erred in finding that the Village of Rosepine was not liable.1

The trial court, in a well reasoned opinion, has set forth the facts and has thoroughly reviewed the evidence and law pertaining to the issues presented herein. After a review of the record we adopt, as our own, the following portion of the opinion rendered by the trial judge pertaining to the facts and liability.

“This is a suit for damages allegedly sustained by the plaintiff as a result of an intersectional collision which occurred at approximately 8:30 A.M. on October 26, 1978 at the intersection of State Highway 1146 and La.-U.S. Highway 171 in Vernon Parish, Louisiana. The intersection is located within the municipal boundaries of the Village of Rosepine, Louisiana.

“La.-U.S. Highway 171 (now a 4-lane highway) was, at the time of the accident, a major two lane asphalt highway which ran generally north and south. Highway 1146 was a much smaller two-lane black-topped highway which ran generally east and west. The intersection of the two highways was controlled by a single three-phase semaphore traffic signal.

“At the time of this accident, either in connection with or in preparation for construction work on Highway 171, temporary stop signs had been put in place facing traffic on Highway 1146. The evidence is conflicting as to the stage of the construction work on the date of the accident.

“The traffic light had apparently been struck in some fashion (no other explanation appears) and was twisted at an angle of perhaps as much as 45 degrees.

“Immediately prior to the accident, the plaintiff, Gyles F. Stephens, was driving a 1969 Ford pickup truck in an easterly direction on Highway 1146 approaching its [189]*189intersection with Highway 171. At the same time Francis DeRouen was driving a 1973 Mack tractor and tank trailer in a northerly direction on Highway 171 approaching the same intersection. The vehicles collided near the center of the intersection with the front of the tractor striking the right door of the pickup truck.

“Mr. Stephens says he stopped before entering the intersection, saw the tractor, but heard the brakes squealing on it, saw that he had a green light and, assuming the tractor was stopping, proceeded on through the intersection.

“Mr. DeRouen says the pickup truck was in the intersection when he first saw it, but avers that he too had a green light. He also says he had almost stopped at the moment of impact.

“Mr. Stephens filed this action naming as defendants (1) DeRouen; (2) Stephens Truck Lines, Inc. who was DeRouen’s employer; and (3) Department of Transportation and Development of the State of Louisiana. By third party demand of DeRouen and Stephens Truck Lines, Inc. the Town of Rosepine was impleaded. By additional third party petition of the Department, Louisiana Paving Company, Inc. was brought into the proceedings. By supplemental petition the plaintiff likewise im-pleaded Louisiana Paving Company, Inc. and the Town of Rosepine as defendants. Prior to trial plaintiffs action against. DeR-ouen, Stephens Truck Lines, Inc. and Aetna Casualty & Surety Company were dismissed.

“It was stipulated that the traffic signal was owned by the Department and that pursuant to contract with the Town of Rosepine, the sole obligation of the town was to furnish the electricity to operate the light, change burned out bulbs and to notify the Department of a malfunction of the light.

LIABILITY

“The evidence leaves no question but that the traffic signal was twisted out of position so that a driver approaching from any direction saw a part of a red signal and a part of a green signal. The evidence likewise preponderates to the effect that at the time of and immediately prior to the accident in question, the light was malfunctioning in that it was going on all sides from a green phase to a yellow phase, and back to a green phase.

“Although the testimony of James L. Bosely, the elected town marshall, was much more equivocal by the time this matter reached trial, he had no difficulty finding when he investigated the accident shortly after its occurrence that the light was twisted and that both drivers claimed a green signal. On the accident report prepared by him at that time he reflected that both had a green light and concluded that the light was ‘messed up.’ There is considerable testimony by other disinterested persons of similar malfunction or other malfunction of this particular signal in the time period of a few days or weeks before and after the occurrence of this accident. Although there was some testimony by a Mr. Loftin who ran a service station and by an electrician for the Department, there is certainly no credible evidence to rebut the inference that the light was erroneously giving both drivers a green signal. There is no reason to question the corroborating testimony of Mr. G.W. Bass and Mr. Claude R. Walker that they had seen the same light malfunction in a similar manner within a relatively short time before or after this accident occurred.

“R.C.C. Article 2317 provides in part:

‘We are responsible, not only for the damages occasioned by our own act, but for that which is caused by the act of persons for whom we are answerable, or of the things which we have in our custody

“The strict liability provided by C.C. Art. 2317 is applicable to public bodies if all criteria are met. See Jones v. City of Baton Rouge, 388 So.2d 737 (La.1980).

“An injured party seeking damages under Art. 2317 need not prove negligence, that is, that any particular act or omission on the part of the defendant caused his [190]*190injuries. He must only prove that the thing which caused the damage was in the care or custody of the defendant, that the thing has a vice or defect, that is, that it occasioned an unreasonable risk of injury to another, and that his injury was caused by the defect. Once these elements are proven, the custodian can escape liability only by showing that the harm was caused by the fault of the victim, by the fault of a third person, or by an irresistible force. Loescher v. Parr, 324 So.2d 441 (La.1976); Jones v. City of Baton Rouge, supra; Shipp v. City of Alexandria, 395 So.2d 727 (La.1981).

“In the instant case the traffic signal was malfunctioning by simultaneously exhibiting a green signal to drivers on highways which intersected at right angles.

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Bluebook (online)
478 So. 2d 187, 1985 La. App. LEXIS 10143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-stephens-truck-lines-inc-lactapp-1985.