Thompson v. Coates

694 So. 2d 599, 1997 WL 254199
CourtLouisiana Court of Appeal
DecidedMay 7, 1997
Docket29333-CA
StatusPublished
Cited by21 cases

This text of 694 So. 2d 599 (Thompson v. Coates) 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
Thompson v. Coates, 694 So. 2d 599, 1997 WL 254199 (La. Ct. App. 1997).

Opinion

694 So.2d 599 (1997)

Carmen THOMPSON, et al., Plaintiffs-Appellees,
v.
Landry L. COATES, et al., Defendants-Appellants.

No. 29333-CA.

Court of Appeal of Louisiana, Second Circuit.

May 7, 1997.

*601 Adams, Hudson, Potts & Bernstein by Jay P. Adams, Monroe, for Defendants-Appellants.

Kelly, Townsend & Thomas by T. Taylor Townsend, Natchitoches, for Plaintiffs-Appellees.

Before BROWN, GASKINS and PEATROSS, JJ.

BROWN, Judge.

This action arises out of a two car accident that occurred on a rural state highway. The primary issue on appeal is whether DOTD was at fault, and if so, to what degree. The trial court found DOTD liable, allocated it with 70% of the fault and awarded damages. We amend and as amended, affirm.

Facts

On September 15, 1991, on Louisiana Highway 4 in Caldwell Parish, Louisiana, a westbound vehicle driven by Carmen Thompson was struck by an eastbound vehicle driven by Landry Coates. The accident, which *602 was during a light afternoon rain, occurred when Mr. Coates lost control of his truck, crossed the center line and struck Ms. Thompson's automobile. Both Ms. Thompson and her sole passenger, her four-year-old daughter Whitney, sustained injuries.

Ms. Thompson, individually and on behalf of her minor daughter, filed suit against Landry Coates and the State of Louisiana, Dept. of Transportation and Development ("DOTD"), seeking damages for their injuries. Prior to trial, plaintiffs settled with Mr. Coates. Trial was held the week of September 27, 1993, however, the trial court's judgment was not rendered until April 5, 1996. The trial court found that both Landry Coates and DOTD were liable to plaintiffs and apportioned fault of 30% to Mr. Coates and 70% to DOTD. Damages of $1,039,493.70, subject to a 30% reduction, were awarded to plaintiffs.[1] It is from this judgment that DOTD has appealed.

Discussion

Liability/Fault of DOTD

The elements which a plaintiff must prove to recover damages from the state based on a defective condition of a roadway are the same, whether premised on negligence or strict liability. La.R.S. 9:2800; Hunter v. Dept. of Transportation and Development, 620 So.2d 1149 (La.1993); Faulkner v. State, Dept. of Transportation and Development, 25,857 (La.App.2d Cir. 10/26/94), 645 So.2d 268, writ denied, 94-2908 (La. 01/27/95), 649 So.2d 390.

A plaintiff must prove: (1) that the defendant owned or had custody of the thing which caused the damage; (2) that the thing was defective in that it created an unreasonable risk of harm to others; (3) that the defendant had actual or constructive knowledge of the defect or risk of harm and failed to take corrective action within a reasonable time; and (4) causation. Faulkner, supra; Newsom v. State, Dept. of Transportation and Development, 93-815 (La.App. 3d Cir. 03/30/94), 640 So.2d 374, writ denied, 94-1118 (La. 06/24/94), 641 So.2d 207.

DOTD has stipulated ownership and custody of La. Hwy. 4. However, DOTD contests the trial court's finding of a defect in Hwy. 4 and that such a defect caused plaintiffs' injuries.

The state has a duty to maintain highways and their shoulders in a reasonably safe condition and to remedy conditions creating an unreasonable risk of harm. Faulkner, supra; Roberson v. State through Dept. of Transportation and Development, 550 So.2d 891 (La.App. 2d Cir.1989). While not the insurer of the safety of drivers using state highways, the DOTD can not knowingly allow a condition to exist that is hazardous to a reasonably prudent motorist. Reid v. State, through Dept. of Transportation and Development, 25,778 (La.App.2d Cir. 05/04/94), 637 So.2d 618, writ denied, 94-1415 (La. 09/16/94), 642 So.2d 198.

The determination of whether a condition of a highway is dangerous is a factual one; the court should consider physical aspects of the roadway, frequency of accidents at that place in the highway and the testimony of expert witnesses. Newsom, supra; Simpson v. State through Dept. of Transportation and Development, 636 So.2d 608 (La. App. 1st Cir.1993).

Causation is also a fact-specific inquiry. The issue is whether defendant's conduct was a cause of plaintiff's harm. Rick v. State, Dept. of Transportation and Development, 93-1776 (La. 01/14/94), 630 So.2d 1271. Great deference is accorded the trier of fact on the question of causation. Rick, supra; Adger v. Dillard Department Stores, 27,582 (La.App.2d Cir. 11/01/95), 662 So.2d 864.

The following is taken from the trial court's written reasons for judgment:

On September 15, 1991, Carmen Thompson and her minor child, Whitney, were traveling in a westerly direction on Highway 4. On the same date, Landry Coates was traveling in an easterly direction on *603 Louisiana Highway 4. Prior to the point of impact, the Thompson vehicle was traveling in her lane of travel on a downward slope approaching a right-hand curve. At the point of impact, the Coates vehicle would have been traveling in the opposite direction, having just rounded and completed an uphill left-hand curve and entered into the straight-away. As the Coates vehicle completed the lefthand curve, his vehicle encountered a sheet of water causing him to lose control of same and strike the Thompson vehicle.
. . . . .
Coates testified that he traveled Louisiana Highway 4 in the same vicinity on a frequent basis and that he had seen water traversing the road on previous occasions. Therefore, the Court accepts Mr. Coates' testimony that the water was a substantial factor which caused him to lose control of his vehicle.
John Bradford testified as an expert in the field of civil engineering. In connection with his testimony, Mr. Bradford had surveyed and inspected the roadway and shoulders of Louisiana 4 in the vicinity of the accident. DOTD also inspected and surveyed the roadway and the shoulders in the vicinity of the accident. Both surveys leads the court to the inescapable conclusion that water in the eastbound travel lane would "funnel" and run down the eastbound travel lane for a distance of up to four hundred (400) feet at which point the water would turn approximately 90 degrees and begin to channel across the roadway where the slopes of the highway changed from crown to super elevated. The evidence shows that this condition constitutes a defect in the roadway and shoulders [which] were not designed or supposed to be maintained in a manner which would allow this manner (sic) to exist.
In addition to this defect, the surveys also indicate that the east bound shoulder was higher in elevation that the east bound travel lane causing water to drain from the shoulder back onto the east bound travel lane as opposed to draining away from the roadway and shoulders into the adjacent ditch. The Court accepts Mr. Bradford's testimony that there is approximately a 5,000 foot service area which ultimately drains across Louisiana Highway 4 in the area where Coates lost control of his vehicle. Consequently, in times of rainfall, and even after rainfall has ceased, a flow of water which varies in depth, travels down the east bound travel lane of Louisiana Highway 4 and ultimately traverses across the highway.

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Bluebook (online)
694 So. 2d 599, 1997 WL 254199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-coates-lactapp-1997.