Whitcraft v. State, Department of Transportation & Development

771 So. 2d 263, 99 La.App. 1 Cir. 2437, 2000 La. App. LEXIS 2912
CourtLouisiana Court of Appeal
DecidedNovember 3, 2000
DocketNo. 09 CA 2437
StatusPublished

This text of 771 So. 2d 263 (Whitcraft v. State, Department of Transportation & Development) 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
Whitcraft v. State, Department of Transportation & Development, 771 So. 2d 263, 99 La.App. 1 Cir. 2437, 2000 La. App. LEXIS 2912 (La. Ct. App. 2000).

Opinion

RSIMON, Judge.

Barbara Whitcraft and Karrie Whitcraft appeal a judgment dismissing their claim for damages against the State of Louisiana, through the Department of Transportation and Development (DOTD).

FACTUAL AND PROCEDURAL HISTORY

This case arises out of a motor vehicle accident that occurred at approximately 5:30 p.m. on September 15, 1991, on Highway 190 in Livingston Parish, between the Amite River Outfall Bridge and the Amite River Bridge. At the site, Highway 190 has four lanes of travel; the two eastbound and two westbound lanes are separated by a median fifteen feet wide.

After shopping at the mall in Baton Rouge, Karrie Whitcraft, who was then a minor, was traveling home to Denham Springs in a ear owned by her mother. The car was struck by a truck; it had been traveling west toward Baton Rouge, failed to negotiate a curve in the road, crossed the median, and collided with her car. Karrie sustained serious and painful injuries to her face and body, including an eye socket fracture which has left permanent disfigurement. Marshall Charlton, the driver of the truck, was legally drunk and uninsured.2

Barbara Whitcraft brought suit against DOTD on behalf of her daughter for damages for Karrie’s personal injuries, and on her own behalf for the medical expenses and damage to the car. She contends that the highway posed an extreme hazard due to improper design, negative super-elevation, and lack of guardrails. Following a bench trial, the trial judge made the following factual findings:

1. Mr. Charlton was traveling at an excessive rate of speed.
2. Mr. Charlton was legally intoxicated at the time of the accident.
3. All experts agreed that the “critical speed” at that spot (speed that would be too fast to “make that turn”) is in excess of 90 m.p.h., which is almost twice the posted speed limit.
4. There was (sic) not adequate “skid marks” to indicate that Charlton attempted to negotiate the turn in question. In fact, the evidence indicates that Charlton went straight through the turn.
5. Though there was some evidence presented to show that other accidents occurred in this area, there is not adequate evidence to show defendants (sic) should have been put on notice that this was a dangerous area. Further, for clarification, this Court does not find the roadway where the accident occurred is per se dangerous.
Ia6. There is not adequate proof to show defendant had a legal obligation to [266]*266provide guardrails at the spot where the accident occurred.
7. There is not adequate evidence to show that guardrails would have prevented this accident.

The trial judge further found that Charl-ton was 100% at fault for the accident and dismissed the suit brought against DOTD. We affirm.

APPLICABLE LAW

A plaintiff may recover damages from DOTD under a theory of negligence based on La. C.C. art. 2315 or a theory of strict liability based on La. C.C. art. 2317 and La. R.S. 9:2800. Under either theory the elements of proof are the same. A plaintiff must show that: (1) DOTD had custody of the thing that caused the plaintiffs injuries or damages; (2) the thing was defective, because it had a condition that created an unreasonable risk of harm; (3) DOTD had actual or constructive knowledge of the defect and failed to take corrective measures within a reasonable time; and (4) the defect in the thing caused plaintiffs injuries. Lee v. State, Through Dep’t of Transp. & Dev., 97-0350 (La.10/21/97), 701 So.2d 676; Sevario v. State, Through Dept. of Transp. & Dev., 98-1302 (La.App. 1 Cir. 11/10/99), 752 So.2d 221, 231, units not considered, 99-3638, 759 So.2d 81, 00-0044 (La.4/7/00), 759 So.2d 81 and 82, writ denied, 99-3457 (La.4/7/00), 759 So.2d 760. To recover, plaintiff bears the burden of proving each required element; failure to prove any one is fatal to the case. Netecke v. State, Through DOTD, 98-1182 (La.10/19/99), 747 So.2d 489, 492.

Each of the first three elements — custody, defect, and notice — requires a factual determination. A court of appeal may not disturb a factual conclusion reached by a trial court in the absence of manifest error or unless the particular finding of fact is clearly wrong. The two-part test for the appellate review of factual findings is: 1) whether there is a reasonable factual basis in the record for the finding of the trial court, and 2) whether the record further establishes that the finding is not manifestly erroneous. Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). If a reasonable factual basis exists, an appellate court may set aside a trial court’s factual finding only if, after reviewing the record in its entirety, the appeal court determines the trial court’s finding was clearly wrong. Stobart v. State, Through Dep’t of Transp. & Dev., 617 So.2d 880, 882 (La.1993). When findings are based on determinations regarding the credibility of witnesses, the manifest error/clearly wrong standard demands great deference to the trier of fact’s findings. However, should documents or objective evidence so contradict the 1¿witness's story, or the story itself be so internally inconsistent or implausible on its face that a reasonable fact finder would not credit the witness’s story, the court of appeal may well find manifest error or clear wrongness even in a finding purportedly based on a credibility determination. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). Proof of the fourth element — causation—involves both factual and legal determinations.

ANALYSIS

A. Custody

It is undisputed that Highway 190 is within the state highway system and is maintained by DOTD. This satisfies proof of element number one — custody.

B. Defect

Element number two speaks to the issue of duty. Sevario, 752 So.2d at 231. Pursuant to La. R.S. 48:21(A), DOTD has a statutory duty to maintain the public roadways in a condition that is reasonably safe and does not present an unreasonable risk of harm to the motoring public exercising ordinary care and reasonable prudence. Campbell v. State Dep’t of Transp. & Dev., 94-1052 (La.1/17/95), 648 So.2d 898, 901-02. This duty extends not only to prudent and attentive drivers, but also to [267]*267motorists who are slightly exceeding the speed limit or momentarily inattentive. Ledbetter v. State, Through Dep’t of Transp. & Dev., 502 So.2d 1383, 1387 (La.1987). This duty does not render DOTD the guarantor for the safety of all the motoring public. Briggs v. Hartford Ins. Co., 532 So.2d 1154, 1156 (La.1988). Whether the roadway at the scene of the accident was in a reasonably safe condition will depend on the facts and circumstances of each case. Hunter v. State, Through Dep’t of Transp. & Dev., 620 So.2d 1149, 1151 (La.1993). Design standards at the time of the original construction and at the time of the accident may be relevant factors for consideration, but are not determinative. Id.

Appellants assign as error the finding by the trial court that the roadway where the accident occurred was not per se dangerous, in other words, that DOTD did not breach its duty to maintain a roadway that did not present an unreasonable risk of harm.

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Related

Briggs v. Hartford Ins. Co.
532 So. 2d 1154 (Supreme Court of Louisiana, 1988)
Stobart v. State Through DOTD
617 So. 2d 880 (Supreme Court of Louisiana, 1993)
Lincecum v. Missouri Pacific RR Co.
452 So. 2d 1182 (Louisiana Court of Appeal, 1984)
Ledbetter v. State, Dept. of Transp. & Dev.
502 So. 2d 1383 (Supreme Court of Louisiana, 1987)
Sevario v. State Ex Rel. Dept. of Transp.
752 So. 2d 221 (Louisiana Court of Appeal, 1999)
Bates v. Denney
563 So. 2d 298 (Louisiana Court of Appeal, 1990)
Campbell v. DEPTARTMENT OF TRANSP. & DEV.
648 So. 2d 898 (Supreme Court of Louisiana, 1995)
Rosell v. Esco
549 So. 2d 840 (Supreme Court of Louisiana, 1989)
Hunter v. Dept. of Transp. and Dev.
620 So. 2d 1149 (Supreme Court of Louisiana, 1993)
Lee v. STATE, THROUGH DEPT. OF TRANSP. AND DEV.
701 So. 2d 676 (Supreme Court of Louisiana, 1997)
Netecke v. State Ex Rel. DOTD
747 So. 2d 489 (Supreme Court of Louisiana, 1999)
Mart v. Hill
505 So. 2d 1120 (Supreme Court of Louisiana, 1987)

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Bluebook (online)
771 So. 2d 263, 99 La.App. 1 Cir. 2437, 2000 La. App. LEXIS 2912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitcraft-v-state-department-of-transportation-development-lactapp-2000.