Welch v. STATE, DOTD.

640 So. 2d 596, 1994 WL 167796
CourtLouisiana Court of Appeal
DecidedMay 4, 1994
Docket93-1134
StatusPublished
Cited by8 cases

This text of 640 So. 2d 596 (Welch v. STATE, DOTD.) 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
Welch v. STATE, DOTD., 640 So. 2d 596, 1994 WL 167796 (La. Ct. App. 1994).

Opinion

640 So.2d 596 (1994)

Curtis WELCH, et ux, Plaintiffs-Appellants,
v.
STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al., Defendants-Appellees.

No. 93-1134.

Court of Appeal of Louisiana, Third Circuit.

May 4, 1994.

*597 Joseph B. Stamey, William L. Townsend III, Natchitoches, for Curtis Welch et ux.

Ted David Hernandez, Natchitoches, for State, Dept. of Transp. and Development.

Billy Lynn West Jr., Natchitoches, for LIGA.

Before GUIDRY, C.J., and DOUCET and COOKS, JJ.

GUIDRY, Chief Judge.

Three suits, arising out of a two vehicle accident, were consolidated at the trial level. They remain consolidated on appeal. The facts and law common to all three will be considered herein, however, we will issue separate judgments in appeals numbered 93-1135—Michael Lynn Carter v. State of Louisiana, Department of Transportation and Development, et al, and 93-1136—Richard Dale Vercher, et ux v. State of Louisiana, Department of Transportation and Development, et al.

Plaintiffs, Curtis Welch, et ux, Michael Lynn Carter and Richard Dale Vercher, et ux, appeal a judgment of the trial court dismissing their claims against defendants, the State of Louisiana, Department of Transportation and Development (DOTD), Sam Parrie (employee-truck driver), John Jeter (his employer and owner of the truck), Laramie Insurance Company (Jeter's insurer) and the Louisiana Insurance Guaranty Association (LIGA, the successor to Laramie). We affirm.

FACTS

The suits arise out of a two vehicle accident on Louisiana Highway 6 on the Grand Ecore Bridge over the Red River in Natchitoches Parish which occurred at approximately 6:00 a.m. on January 8, 1990.

Two significant events preceded the accident. First, sometime between 5:30 a.m. and 6:00 a.m. there was a one car accident when Shana Poston lost control of her car upon encountering ice on the Grand Ecore Bridge. Her vehicle, which was originally headed east, came to rest in the opposite direction at the east foot of the bridge, on the westbound shoulder of the road, entangled with a road sign. Ms. Poston stated that she had no warning, as she had not encountered any ice earlier on her drive from Hornbeck.

The second event occurred shortly thereafter. Neil Bennett, a DOTD supervisor, was also traveling easterly on Highway 6 that morning. After crossing the Grand Ecore Bridge without difficulty, he discovered the wrecked Poston vehicle. Bennett stopped to inquire if anyone was injured and then immediately *598 proceeded down the highway to a roadside store where he made two telephone calls, one to the Natchitoches Parish Sheriff's Office to report the Poston accident and request traffic control units and the second to the Natchitoches Parish DOTD barn for a crew to place sand on the bridge. After speaking to Doug Brossett, the DOTD road maintenance supervisor for Natchitoches Parish, Bennett returned to the Grand Ecore Bridge. Shortly thereafter, the accident at issue happened.

The accident giving rise to these suits occurred on the eastern half of the Grand Ecore Bridge. According to testimony at trial, the bridge is unique in construction in that the western end is significantly higher in elevation than the eastern end. The bridge joins Natchitoches on the west side of the Red River with Clarence on the east side of the river. At the point the bridge spans the river, the roadway actually runs in a north-south direction with the north end of the bridge being on the west bank of the river. Additionally, as the roadway crosses the river from north to south, it makes a curve to the east (left). Accordingly, it is not possible to see one end of the bridge from the other.

The accident happened at approximately 6:00 a.m. when eastbound driver, Sam Parrie, who was operating a 1975 Mack truck with an empty trailer, both owned by John W. Jeter, encountered ice on the bridge. When Parrie encountered ice on the bridge, his vehicle became uncontrollable, it jack-knifed and started sliding down the bridge. Meanwhile, Curtis Welch, who was proceeding westerly with two passengers in his 1980 Pontiac, Michael Carter and Richard Vercher, also encountered ice on the bridge. Curtis, whose vehicle was headed up the incline of the bridge, testified that he immediately took his foot off the accelerator and had just about stopped when the tractor-trailer slid into his car. The two vehicles slid approximately 24 feet back down the bridge after impact.

No one who testified had encountered any ice on either the highway or any other bridge before they came to the Grand Ecore Bridge. Before being notified at approximately 5:45 a.m. of the Poston accident, the Natchitoches Parish Sheriff's Office had received no reports that morning of ice on any bridge or roadway. The Parrie-Curtis accident occurred between 6:00 and 6:05 a.m. and was reported to the authorities at 6:11 a.m. By 6:30 a.m., the DOTD road crew had arrived on the scene and had placed sand on the bridge.

Sam Parrie, the driver of the tractor-trailer, estimated his speed upon beginning to traverse the bridge at between 15 and 25 miles per hour. The speed limit on the bridge was 50 mph. Trooper Earl Townsend, who investigated the accident, testified that because of icing on the bridge, there were no skid marks and that because of the icing and the downward slope of the bridge at the point of impact, there was no way to tell the speed of either vehicle at the time of or just preceding impact. Trooper Townsend further testified that his investigation revealed no violations by either driver and, based upon his investigation, no citations were issued to either driver.

Plaintiffs, Curtis Welch and his two passengers, Michael Carter and Richard Vercher, urge that Parrie was negligent in exceeding a safe speed for the prevailing roadway conditions. Carter estimated Parrie's speed at 35 to 40 mph; Vercher at 35 to 45 mph; while Welch could give no estimate, just stating that the truck hit them hard as it crossed the center line. Plaintiffs urge negligence on the part of DOTD in that Neil Bennett did not close the bridge upon discovering the Poston accident. Further, they urge that Bennett should have, in some way, warned approaching vehicles of the previous accident. Finally, they urge that the corrective measures taken by DOTD were not timely.

The trial judge found no negligence on the part of either Sam Parrie or DOTD. Plaintiffs appealed.

LAW

The Standard of Appellate Review

The standard of review which we must apply in examining the factual conclusions of a trier of fact was scrupulously set out by our Supreme Court in Rosell v. ESCO, 549 So.2d 840 (La.1989), and recently reiterated in Stobart *599 v. State, Through Department of Transportation and Development, 617 So.2d 880 (La.1993), wherein the court stated:

A court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." Rosell v. ESCO, 549 So.2d 840 (La.1989). This court has announced a two-part test for the reversal of a factfinder's determinations:
1) The appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and
2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).
...

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Cite This Page — Counsel Stack

Bluebook (online)
640 So. 2d 596, 1994 WL 167796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welch-v-state-dotd-lactapp-1994.