Theriot v. Bergeron

939 So. 2d 379, 2006 WL 1687470
CourtLouisiana Court of Appeal
DecidedJune 21, 2006
Docket2005 CA 1225
StatusPublished
Cited by9 cases

This text of 939 So. 2d 379 (Theriot v. Bergeron) 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
Theriot v. Bergeron, 939 So. 2d 379, 2006 WL 1687470 (La. Ct. App. 2006).

Opinion

939 So.2d 379 (2006)

Randy THERIOT and Faye Theriot
v.
Alger Adam BERGERON, Jr., Gulf Fish, Inc. and Dakota Specialty Insurance Company.

No. 2005 CA 1225.

Court of Appeal of Louisiana, First Circuit.

June 21, 2006.

*380 Hilary G. Gaudin, Gretna, Leopold Babin, Houma, Counsel for Plaintiffs/Appellants, Randy and Faye Theriot.

Frederic Fondren, Houma, Counsel for Defendants/Appellees, Alger Bergeron, Jr., Gulf Fish, Inc. and Dakota Specialty Ins. Co.

Gary Beauchamp, Baton Rouge, William Culver, Jr., Assistant Attorney General, New Orleans, Counsel for Defendants, State of Louisiana, Department of Public Safety, and State Trooper Karla Billiot.

Before: WHIPPLE, McCLENDON and WELCH, JJ.

WHIPPLE, J.

In this appeal, plaintiffs challenge the trial court's judgment, dismissing plaintiffs' suit for damages for personal injury. For the following reasons, we affirm.

*381 FACTS AND PROCEDURAL HISTORY

On May 7, 2002, Louisiana Department of Transportation and Development (DOTD) employees were repairing light signals at the intersection of Louisiana Highway 61 (Airline Highway) and North Lester Avenue in Jefferson Parish. Two DOTD trucks with extendable buckets were parked back end to back end in the right lane of westbound traffic on Airline Highway.[1] Plaintiff, Randy Theriot, an electrical specialist leaderman for DOTD, was suspended above the intersection in a bucket attached to one of the DOTD work trucks, repairing the traffic signals.

As depicted in photographs of the scene, the traffic signal post was located on the side of Airline Highway, with an arm that extended over both westbound lanes of travel. The traffic signals were connected to the arm, with the signal furthest to the left being suspended above the left-hand lane of westbound traffic. Plaintiff was working on the amber or yellow section of the traffic signal furthest to the left, suspended above the left lane of westbound traffic on Airline Highway. Thus, as plaintiff worked on the signal, traffic was passing beneath him. Plaintiff was facing the traffic signal as he was working on it, with his back to the traffic below.

Louisiana State Trooper Karla Billiot was directing traffic at the intersection while the traffic signals were being repaired. Billiot parked her police unit, with its blue lights flashing, in the right-hand lane of the westbound lanes of Airline Highway and was directing traffic into the left-hand westbound lane. As she was directing traffic, Billiot was facing the oncoming traffic with her back to plaintiff. Traffic on Airline Highway headed west was backed up about one-half mile to one mile from the intersection.

One to two minutes before the accident at issue, Billiot directed a large eighteen-wheeler through the intersection. According to Billiot, she guided the eighteen wheeler through the intersection while maintaining eye contact with the driver to ensure that there was enough clearance for the truck to pass. After the eighteen wheeler was able to safely pass under the intersection, Billiot concluded that "anything out there" could pass under the DOTD bucket safely.

Bergeron, who was employed as a commercial truck driver by defendant, Gulf Fish, Inc., was driving a six-wheel, single-axle truck owned by Gulf Fish in a westerly direction on Airline Highway as he approached the intersection in question. Because of the traffic delays preceding the intersection, Bergeron had seen the DOTD truck and plaintiff working in the bucket about five to ten minutes before he passed through the intersection and under the bucket. As Bergeron approached the intersection, Trooper Billiot simply waved him through, given that the eighteen wheeler that had traveled through the intersection one to two minutes before Bergeron had traveled through with sufficient clearance. Because he was directed to proceed by the trooper and because it appeared to Bergeron that he had sufficient clearance to pass under the DOTD bucket, he proceeded through the intersection. However, as he approached the bucket, the top of the truck he was driving struck the bucket in which plaintiff was working. The bucket then skidded across the top of Bergeron's truck until the truck cleared the intersection. Due to the force *382 of the impact, plaintiff's hardhat was knocked off his head and fell to the ground below and plaintiff's body was thrown forward. However, plaintiff was not ejected from the bucket because he was wearing a safety harness.

Following the accident, plaintiff sought medical treatment for complaints of low back pain and left leg and thigh pain, and he was ultimately referred to a pain management specialist for treatment of lumbar facet pain.

Plaintiff instituted this suit against Bergeron; Gulf Fish, Bergeron's employer; Dakota Specialty Insurance Company, Gulf Fish's insurer; Billiot; and the State of Louisiana, through the Department of Public Safety and Corrections (DPSC), Billiot's employer. Plaintiff contended that Billiot was at fault in causing the accident for directing traffic through the intersection in a careless and inattentive manner, including the Gulf Fish truck driven by Bergeron. Plaintiff further averred that Bergeron was at fault in causing the accident for, among other things, failure to maintain control of his vehicle, failure to maintain a proper lookout and driving in a careless and reckless manner.[2] Thereafter, the State of Louisiana, Division of Administration, Office of Risk Management, intervened in this matter, seeking reimbursement of workers' compensation benefits paid to plaintiff following the accident.

Plaintiff's claims against Billiot and DPSC were later dismissed with prejudice on exceptions of no right of action and no cause of action on the basis that plaintiff, as a state employee, was specifically barred from bringing an action in tort against his employer, the State, through another state agency. Thus, the matter proceeded to trial on plaintiff's claims against Bergeron, Gulf Fish, and Dakota Specialty Insurance Company and on the State's intervention.

Following a bench trial, the trial court found in written reasons for judgment that plaintiff had not borne his burden of proving that Bergeron had been negligent. Accordingly, the trial court rendered judgment dismissing plaintiff's claims and the State's intervention with prejudice.[3]

From this judgment, plaintiff appeals, assigning the following as error: (1) The trial court erred as a matter of law or, alternatively, committed manifest error in finding defendants free from fault; and (2) the trial court erred in failing to award reasonable damages to plaintiff. The State has not appealed the dismissal of its intervention. Thus, the judgment is final in that respect.

FAULT OF BERGERON (Assignment of Error No. 1)

In this assignment of error, plaintiff contends that the trial court erred in finding *383 that Bergeron was not negligent in causing the accident and, thus, in finding defendants free from liability. He avers that, as a commercial truck driver, Bergeron should have been held to a high standard of care and, additionally, that as a motorist traveling in the vicinity of a highway worker, Bergeron should have also been held to a higher duty of care than the highway worker. Plaintiff further avers that a motorist is not relieved of his duty of reasonable care simply because a police officer directs him to move through an intersection.

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Cite This Page — Counsel Stack

Bluebook (online)
939 So. 2d 379, 2006 WL 1687470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theriot-v-bergeron-lactapp-2006.