Classic Coach, Inc. v. Johnson

• Decision Date: 01 August 2002
• Docket Number: No. 2000-CA-00692-SCT.,2000-CA-00692-SCT.
• Citation: 823 So.2d 517
• Parties: CLASSIC COACH, INC. and Albert Rush, Sr. v. James JOHNSON, Individually, and on Behalf of April Johnson and Jenna Johnson, Minors, Marlene Johnson, Julie Johnson and All Heirs-at-Law of Matthew Johnson, Deceased. Classic Coach, Inc. and Albert Rush, Sr. v. Rachel McBride, Next of Kin, Heir and Administratrix of the Estate of Larry McBride, Deceased, Individually and Wrongful Death Beneficiary of Larry McBride, Deceased.
• Court: Mississippi Supreme Court

823 So.2d 517

CLASSIC COACH, INC. and Albert Rush, Sr. v. James JOHNSON, Individually, and on Behalf of April Johnson and Jenna Johnson, Minors, Marlene Johnson, Julie Johnson and All Heirs-at-Law of Matthew Johnson, Deceased.

Classic Coach, Inc. and Albert Rush, Sr. v. Rachel McBride, Next of Kin, Heir and Administratrix of the Estate of Larry McBride, Deceased, Individually and Wrongful Death Beneficiary of Larry McBride, Deceased.

No. 2000-CA-00692-SCT.

Supreme Court of Mississippi.

August 1, 2002.

Christopher J. Aubert, James Philip Meyer, Covington, LA, Darren Milton Guillot, Metairie, LA, Robert Shields Crump, Cleveland, attorneys for appellants.

D. Briggs Smith, Batesville, Clarence McDonald Leland, Brandon, Jerry Johnson, attorneys for appellees.

Before PITTMAN, C.J., DIAZ and EASLEY, JJ.

EASLEY, J., for the Court.

¶ 1. James Johnson, individually and on behalf of April Johnson and Jenna Johnson, Minors, Marlene Johnson, Julie Johnson and all heirs-at-law of Matthew Johnson, deceased (Johnsons) and Rachel McBride, Next of Kin, Heir and Administratrix of the Estate of Larry McBride, deceased, individually and wrongful death beneficiary of Larry McBride (McBrides) filed separate actions in Tunica County against the Mississippi Department of Transportation (MDOT), Mississippi Department of Public Safety (MDPS), Classic Coach, Inc. (Classic Coach), and Albert Rush, Sr. (Rush), alleging negligence, wrongful death and loss of consortium. On February 15, 1999, the cases were consolidated for non-jury trial before Circuit Judge John L. Hatcher. On January 4, 2000, the trial court issued separate judgments in favor of the Johnsons and the McBrides against Classic Coach, Rush, and MDOT. The trial court then assessed total damages in the amounts of $2,600,000.00 for the McBrides and $2,000,000.00 for the Johnsons. In rendering judgment, the trial court apportioned fault as follows: 10% against Larry McBride (Larry), a non-party tortfeasor, 54% against Classic Coach and Rush and 36% against MDOT, for a total apportionment of fault of 100%. On April 24, 2000, Classic Coach and Rush appealed the judgments of the trial judge.

¶ 2. Because of the MTCA statutory cap on damages against governmental entities, MDOT was only required to pay $50,000.00 to the McBrides and Johnsons, and have thus, settled out of court and are no longer a party to this matter. MDOT's withdrawal from this appeal has been granted by this Court.

FACTS

¶ 3. On December 13, 1993, in the early morning hours after 3:00 a.m., a fatal collision occurred at the intersection of U.S. Highway 61 and Highway 304 in Tunica County when a car driven by Larry collided with a commercial passenger bus operated by Rush and owned by Classic Coach. Larry and Matthew Johnson (Matthew), the passenger in the car, died as a result of the accident.

¶ 4. At the time of the accident, U.S. Highway 61 was a two-lane federal highway which ran north to south while Highway 304 was a two-lane state highway which ran east to west. Highway 304 intersected U.S. Highway 61 at approximately a one hundred thirty-five (135) degree angle in a northeast to southwest direction. U.S. Highway 61 was also considered to be a "through" highway as determined by the placement of stop signs at both entrances to the intersection from Highway 304.

¶ 5. Prior to this accident, the stop sign directing west bound traffic on Highway 304 had been knocked down in an unrelated accident. The fallen stop sign was reported as irreparable to the Mississippi Highway Patrol and the MDOT, but the sign was not replaced until after the accident in question.

¶ 6. On the night of the collision, Rush was driving the forty-foot-long passenger bus north on U.S. Highway 61 toward its intersection with Highway 304. Larry and Matthew were traveling west on Highway 304 in Larry's 1994 Honda Prelude. Rush first noticed Larry's car when it was approximately 160 to 200 feet from the intersection, and he stated he continued to watch for the approaching car as well as other cars coming from the east and the west on Highway 304. As Rush neared the intersection, he removed his foot from the accelerator and placed it over the brake. Rush then observed the lights of Larry's car "raise" indicating that Larry was not going to stop, but at this point the cars were only two feet from the intersection. Rush then locked his arms to the steering wheel and, for the first time since approaching the intersection, he applied the brakes as the bus and car collided.

¶ 7. After the accident samples of Larry's and Matthew's blood and urine were collected to be used in drug screens conducted by the Mississippi Crime Laboratory. Both samples of blood were positive for methamphetamine, and both samples of urine were positive for amphetamines, methamphetamine and marijuana. One expert testified Larry most likely ingested the methamphetamine six to twelve hours before the accident and was under the influence of the drug at the time of the accident. The Crime Lab destroyed the samples before the quantity of methamphetamine in Larry's blood could be determined. Without a specific quantity of methamphetamine, neither expert could reach a conclusion as to what effect, if any, the drug had on Larry; therefore, the trial judge disregarded all evidence and testimony concerning the decedents' blood and urine samples.

DISCUSSION

I. Whether the Substantial Credible Evidence Presented on Record Supported the Trial Judge's Allocation of Fault for Each Tortfeasor.

¶ 8. This Court reviews the factual determinations made by a trial judge sitting without a jury using the substantial evidence standard. Church of God Pentecostal, Inc. v. Freewill Pentecostal Church of God, Inc., 716 So.2d 200, 204 (Miss.1998) (citing Hill v. Thompson, 564 So.2d 1, 10 (Miss.1989); UHS-Qualicare v. Gulf Coast Community Hosp., Inc., 525 So.2d 746, 753 (Miss.1987)). "We will not disturb the findings of a chancellor when supported by substantial evidence unless the chancellor abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Id. (citing Herring Gas Co. v. Whiddon, 616 So.2d 892, 894 (Miss.1993); Broadhead v. Bonita Lakes Mall, Ltd. Partnership, 702 So.2d 92, 96 (Miss.1997)).

¶ 9. Contrary to the belief of Classic Coach and Rush, the trial judge did not allocate fault in excess of one hundred percent. Instead of finding fault in terms of total damages, the trial judge allocated fault in terms of recoverable damages. The trial judge found Classic Coach to be 60% liable for the "remaining recoverable damages." Recoverable damages are the total damages minus any damages allocated to other parties. DePriest v. Barber, 798 So.2d 456, 459 (Miss.2001). Because Larry, as a non-party tortfeasor, was found to be 10% liable, Classic Coach was then found to be only 54% liable for the Johnsons' and McBrides' total damages (60% liable for the remaining recoverable damages of 90%). Following the same logic, the MDOT was found to be only 36% liable, not 40%. Throughout the remainder of this opinion, this Court will refer to Classic Coach's percentage of fault as 54% liable for the Johnsons' and McBrides' total damages.

¶ 10. Classic Coach contends that the trial judge was manifestly wrong in allocating 54% of the fault it while only allocating 36% to the MDOT and finding Larry only 10% contributorily negligent. Classic Coach argues that MDOT and Larry alone were the sole contributors to the accident in question. The MDOT failed to promptly replace a stop sign at an intersection which was known to be dangerous. Larry failed to observe several signs and warnings of the approaching intersection, and thus, failed to yield the right of way to Rush and the passenger bus. Classic Coach asks that this Court consider, based on the evidence, increasing the allocation of fault of the MDOT and of Larry and in turn decreasing their own liability.

¶ 11. Because the MDOT has been released from this suit, it is not necessary to address the specific issues raised in its brief, but its negligence and allocation of fault will be discussed.

A. The Negligence of MDOT

¶ 12. On December 11, 1993, approximately two days before the accident in question, an unrelated accident occurred at the intersection of U.S. Highway 61 and Highway 304 in which the stop sign controlling west bound traffic on Highway 304 was knocked down. The Mississippi Highway Patrol and the MDOT were informed of the situation. Both departments knew of the dangerousness of the intersection, but unfortunately the stop sign was not replaced until after the December 13 wreck.

¶ 13. Although replacing traffic control signs is a discretionary duty of the MDOT, it did have a duty to warn the drivers of dangerous conditions of which it had notice. Jones v. Miss. Dep't of Transp., 744 So.2d 256, 263 (Miss.1999). According to Miss.Code Ann. § 63-3-301 (1996), a manual and specifications for traffic control devises used on highways shall be adopted by the public safety commissioner. Miss. Code Ann. § 63-3-303 (1996), further states the public safety commissioner shall also conform to its manual and specifications in placing and maintaining those traffic control devices on the highways. At trial it was undisputed that the official manual and specifications adopted by the MDOT was the Manual of Uniform Traffic Control Devices (MUTCD) which stated stop signs which were knocked down or damaged were to be replaced without undue delay. The stop sign was not replaced until over thirty hours after the initial accident occurred on the night of December 11, 1993.

¶ 14. Officer Andrew Richardson (Officer Richardson) handled both accidents occurring at the intersection of Highway 304 and U.S. Highway 61. After the accident occurred on December 11, 1993, Officer Richardson immediately placed a call to Matt Newson (Newson) of the Highway Patrol to report the downed stop sign. Following proper...