Thibodeaux v. St. Landry Parish Police Jury

561 So. 2d 163, 1990 La. App. LEXIS 572, 1990 WL 27745
CourtLouisiana Court of Appeal
DecidedMarch 14, 1990
Docket88-1237
StatusPublished
Cited by4 cases

This text of 561 So. 2d 163 (Thibodeaux v. St. Landry Parish Police Jury) 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
Thibodeaux v. St. Landry Parish Police Jury, 561 So. 2d 163, 1990 La. App. LEXIS 572, 1990 WL 27745 (La. Ct. App. 1990).

Opinion

561 So.2d 163 (1990)

Huey E. THIBODEAUX, et al., Plaintiffs-Appellees,
v.
ST. LANDRY PARISH POLICE JURY, et al., Defendants-Appellants.

No. 88-1237.

Court of Appeal of Louisiana, Third Circuit.

March 14, 1990.
Rehearing Denied April 23, 1990.
Writ Denied June 29, 1990.

*164 Olivier & Brinkhaus, Armand J. Brinkhaus, Sunset, La., for plaintiffs-appellees.

Dauzat, Falgoust, Jerry Falgoust, Dubuisson & Dubuisson, Edward Dubuisson, Opelousas, for defendants-appellants.

Before FORET, STOKER and KING, JJ.

FORET, Judge.

This is a survival action and wrongful death action filed by Huey E. Thibodeaux and his wife, Terradene Richard Thibodeaux (Thibodeauxs)[1], against the St. Landry Parish Police Jury (Police Jury) and Wayne A. Reiners (Reiners), arising out of the death of the Thibodeauxs' son, Dwaine. Reiners thereafter reconvened against the Thibodeauxs and filed a third party demand against the Police Jury. The trial court rendered judgment in favor of the Thibodeauxs, finding both the Police Jury and Reiners negligent, and dismissed the reconventional demand and third party demand filed by Reiners. The Police Jury and Wayne Reiners have appealed this judgment, and the Thibodeauxs have answered the appeal.

FACTS

On September 7, 1976, a clear, dry day, Wayne Reiners was driving his pickup truck in a southerly direction on Parish Highway 6-20 located in St. Landry Parish, on his way to pick up a backhoe at his uncle's farm near Lewisburg. On this same date and time, Dwaine Thibodeaux (decedent), a 15-year-old student at Lawtell High School, was traveling east on Parish Road 6-20-1, on his way to Opelousas to begin his first day of work under his school's Cooperative Agricultural Education Program. As decedent approached the intersection of 6-20 and 6-20-1, he turned left (north) onto 6-20 and was struck broadside by the Reiners vehicle, the point of impact being in the north-bound lane of Parish Road 6-20, approximately 15 feet north of the intersection. According to State Trooper John Medlin, who investigated the accident, the speed of the decedent's vehicle was estimated to be approximately 10 miles per hour while Wayne Reiners advised Trooper Medlin that he was traveling somewhere between 50 and 60 miles per hour (approximately 58 mph) before applying his brakes.

The decedent was killed almost instantly in the collision, while Wayne Reiners and his occupant, Allen Courville, suffered only minor injuries. The Police Jury and Wayne Reiners have appealed the trial court's judgment, contending that the trial court erred in finding that the decedent was not contributorily negligent. Reiners also argues on appeal that the trial court erred in finding that he was guilty of negligence. By answer to appeal, the Thibodeauxs asked that the trial court's damage awards be increased and further complained that the trial court erred in allowing certain testimony and exhibits into evidence. For the reasons hereinafter recited, we affirm the judgment of the trial court.

*165 WAS THE DECEDENT GUILTY OF CONTRIBUTORY NEGLIGENCE?[2]

The record reflects that the intersection in question is a "T" intersection, with Parish Road 6-20-1 being the leg of the T and Parish Road 6-20 being the top of the T. It was also established at trial that there were no stop signs or other traffic control devices at the intersection in question. In addition, Trooper Medlin testified that there were tall weeds and grass (6 to 7 feet above the roadway) located in the northwest quadrant of the intersection which severely obstructed the vision of a motorist traveling east on Parish Road 6-20-1, as well as a motorist proceeding south on Parish Road 6-20. According to Trooper Medlin, a motorist traveling on Parish Road 6-20-1 would almost have to enter the intersection in order to ascertain whether or not there is oncoming traffic proceeding south on Parish Road 6-20. His testimony in this regard is strongly supported by the testimony of Lawrence C. Harry, District Traffic Operations Engineer with the Department of Transportation & Development, who was qualified as an expert in the fields of traffic engineering and accident reconstruction. Harry stated that the Manual on Uniform Traffic Control Devices would require that the intersection in question be marked with a stop sign facing Parish Road 6-20-1. Additionally, he stated that the manual also provided that the intersection should also have been equipped with a "Stop Ahead" sign approximately 700 feet in advance of the intersection, as well as an arrow board and hazard markers on the far side of the intersection. The need for such warning devices, according to Harry, is even greater when one considers the obstructions in the northwest quadrant of the intersection which, according to Harry, prevent an east-bound motorist on Parish Road 6-20-1 from seeing a south-bound motorist on Parish Road 6-20 and vice versa. Harry's testimony in this regard is as follows:

"Q. You had indicated, I think, other markings that could be at a junction. Are there things, for example, either a center line or across-the-road things, to indicate that you're supposed to stop or take other action besides go straight ahead?

A. One of the reasons why I would recommend in particular a stop sign facing La. 6-20-1, without any markings there, there's no indication as to whether you should stop and if you are, more importantly, where to stop. Right-of-way there from the telephone pole to the edge of the pavement is only about 18 feet wide and the road itself is a fairly narrow road—I think it's about 17 or so feet. A normal motorist approaching the intersection or any motorist approaching this intersection—

Q. Of which road?

A. On 6-20-1—even in anticipation of wanting to stop, because of a lack of definition as to where the stop sign or stop line is, tends to be lured into the intersection. It was noted in, I think, Mr. Fontenot's deposition that he stated that he observed this phenomenon, that people stopped in the middle of the intersection.

MR. DUBUISSON: Your Honor, let me object to this line of testimony. We're having a witness testifying as to what somebody might've said in a deposition.
THE COURT: Sustained.
MR. BRINKHAUS: Wait a minute, Your Honor; the deposition is in the record as though the man had testified live this morning, this is an expert witness who sat here in court and has read it. It's not as though it's a complete stranger. And he's describing—
THE COURT: To the extent that the deposition is in the record and there is sufficient basis for his opinion, I'll let it go. Other than that, the opinion is no good.
*166 MR. BRINKHAUS: That's correct, Your Honor; but based upon the testimony—
THE COURT: I'm letting it go in, Mr. Brinkhaus.
MR. BRINKHAUS: Well, there's another thing besides his, though, Sgt. Medlin's, but proceed on that.

A. In any event, based on my own experience and the survey of intersections comparable to this, I've observed the same thing myself, but it was curious to note that Mr. Fontenot had made this same observation. Because of the narrow right-of-way and the severely restricted sight distances, even a motorist attempting to stop, once you break out of the right-of-way, you're only 18 feet from the edge of the road.

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Bluebook (online)
561 So. 2d 163, 1990 La. App. LEXIS 572, 1990 WL 27745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thibodeaux-v-st-landry-parish-police-jury-lactapp-1990.