Davis v. Witt

• Decision Date: 02 July 2003
• Docket Number: No. 2002-C-3110., No. 2002-C-3102
• Citation: 851 So.2d 1119
• Parties: Clifford DAVIS, Jr. et al. v. Charles WITT, et al.
• Court: Louisiana Supreme Court

851 So.2d 1119

Clifford DAVIS, Jr. et al. v. Charles WITT, et al.

Nos. 2002-C-3102, 2002-C-3110.

Supreme Court of Louisiana.

July 2, 2003.

Rehearing Denied September 5, 2003.

Hon. Richard P. Ieyoub, Attorney General, Laura L. Putnam Shell, Baton Rouge, Counsel for Applicant (No. 2002-C-3102).

James L. Pate, Melissa L. Theriot, Laborde & Neuner, Lafayette, Charles V. Musso, Jr., H. David Vaughan, II, Plauche, Smith & Nieset, Lake Charles, Counsel for Respondent (No. 2002-C-3102).

Craig E. Frosch, Thomas A. Usry, John F. Weeks, II, New Orleans, Counsel for Louisiana Sheriff's Association (Amicus Curiae).

James L. Pate, Melissa L. Theriot, Laborde & Neuner, Lafayette, Counsel for Applicant (2002-C-3110).

Hon. Richard P. Ieyoub, Attorney General, Laura L. Putnam Shell, Baton Rouge, Charles V. Musso, Jr., H. David Vaughan, II, Plauche, Smith & Nieset, Lake Charles, Counsel for Respondent (No. 2002-C-3110).

Craig E. Frosch, Thomas A. Usry, John F. Weeks, II, New Orleans, Counsel for Louisiana Sheriff's Association (Amicus Curiae).

KNOLL, Justice.

In this bifurcated trial for two wrongful deaths involving two public entities, one who requested a jury trial and one who invoked its right to a judge trial,¹ we are called upon to address the duty of law enforcement personnel in a non-emergency roadway situation. Finding the sheriff's deputy acted reasonably under the facts presented in the case before us, we reverse the trial judge's findings of liability and dismiss the plaintiffs' action against Sheriff Charles A. Fuselier, Sheriff of St. Martin Parish (Sheriff's Office). With this determination, we find that the defendant truck driver's conduct was not foreseeable because his conduct was so reckless and unreasonable when, with full knowledge of the perils to the motoring public, he backed his tractor-trailer with an unlighted, dangerous load across the highway at night. He was solely responsible for causing the accident as found by the jury. Additionally, finding no ground to support the new trial ordered by the trial judge in the action against the State of Louisiana, through the Department of Public Safety and Corrections, Office of State Police (State Police), we further reverse the new trial order and reinstate the jury determination that the State Police was not liable.²

FACTS AND PROCEDURAL HISTORY

This tragic accident occurred on May 11, 1997, when Charles Witt, a professional trucker employed by Circle B. Trucking Company, traveled via Louisiana Interstate 10 from Lucedale, Mississippi en route to Gulf Coast Creosote Corporation, his destination in Cade, Louisiana. He drove a 1987 Freightliner tractor hauling a pole trailer loaded with sixteen creosote poles that extended seventeen feet beyond the trailer's rear axle. Before leaving his place of employment in Mississippi at 3:30 p.m., Witt affixed two large red rags to the longest poles and proceeded to his intended destination in Cade. Knowing it was illegal for him to travel with such a load at night, Witt got directions to Cade and hoped to arrive at or near his destination before dark.³

Unable to make sense of the written driving directions faxed to him and realizing at approximately 6:30 p.m. that he could not reach his destination before sunset, 7:51 p.m.,⁴ Witt stopped in Breaux Bridge and parked his truck entirely off the road. With the help of an employee of the Food-N-Fun, Witt contacted Deputy Denise Casey, a dispatcher trainee at the St. Martin Parish Sheriff's Office, at 8:17 p.m.⁵ to seek guidance on the need for an escort because the creosote poles extended quite a bit passed the end of the truck. Because of her inexperience, Deputy Casey referred the call to Sergeant Laurie Breaux, a more experienced dispatcher.

Witt told Sergeant Breaux he was located "just past Wal-Mart" in Breaux Bridge and wondered if he needed an escort through town due to his load. Sergeant Breaux acknowledged that Witt should not be on the road after sunset with the creosote poles protruding from the end of his trailer. When Sergeant Breaux realized that Witt was within the city limits of Breaux Bridge, she transferred his call to the city police department.

Witt described his situation to Michelle Mullin of the Breaux Bridge City Police Department. Witt asked whether he could get an escort through town or whether he would have to stay parked until morning. Witt also told Mullin it would be no problem for him to stay parked where he was until morning. Mullin informed Witt he would have to contact the State Police because she did not know anything about providing an escort.

Shortly thereafter, Witt contacted the State Police. Apparently the State Police told Witt they could not render assistance because he was within the Breaux Bridge city limits. All of Witt's telephone calls, except this first call to the State Police, were recorded.

At 8:46 p.m., Witt again contacted Sergeant Breaux at the Sheriff's Office seeking assistance. Sergeant Breaux told Witt the city police had to take care of his situation. According to the transcript of his second conversation, Sergeant Breaux told Witt she would call there for him and asked him to stay on the line. She then asked Witt why he needed an escort. Witt explained:

Well, here's the problem, I want to make sure that I'm not [sic] in a spot where I can get off the highway. I'm about 10 foot or maybe 8 foot off the highway right now, but with a 30 foot over hanger, 25 foot over hanger, I don't want to get hit.

Witt told Sergeant Breaux he needed someone to block traffic while he got on the road or direct him to a place where he could "pull into and get off the road." Witt further explained he needed someone to tell him of a place where he could pull his truck off the road because he did not have to leave until 8:00 the following morning. Witt expressed concern about someone hitting the poles on his truck because the portion of the poles hanging beyond the trailer's rear axle was not visible.

Although Sergeant Breaux suggested Witt could park his truck in the local Wal-Mart parking lot, Witt informed her he had already passed Wal-Mart and he could not turn around because he was hauling the seventy-foot poles. Sergeant Breaux directed Witt to the Sheriff's substation which was less than a quarter mile from where he was parked and gave him permission to turn his truck around there. She also told Witt the substation had a big parking lot, and that she would inform the substation personnel that he was headed there to turn his rig around. Sergeant Breaux then contacted Deputy Richard at the substation, and told him about Witt using the parking lot to turn his rig around. From there Sergeant Breaux thought Witt could drive to Wal-Mart for overnight parking.

Somehow Witt passed the substation and pulled his rig into the parking lot of Guidry's Specialty Meats. At this point, Witt's rig was completely off the highway and posed no danger to the motoring public. After Witt determined he could not turn around in the meat market parking lot, he walked to the neighboring home of Richard and Debbie Ducote and placed another call to Sergeant Breaux at 9:05 p.m. He told Sergeant Breaux he had not seen the substation and explained he could pull out of the parking lot, but he was afraid there would be an accident. Witt also told Sergeant Breaux he would rather be in the Wal-Mart parking lot. When Sergeant Breaux determined Witt was outside the city limits of Breaux Bridge, she transferred his call to the State Police because she thought that agency could best respond to Witt's needs for an escort.

It was 9:07 p.m. when Sergeant Breaux connected Witt with State Police Sergeant Darrell Gros, the desk sergeant on duty that night. Witt explained his predicament to the State Police and requested an escort. Sergeant Gros determined that Witt was no longer within the city limits of Breaux Bridge and asked whether Witt was completely off the roadway. Witt answered affirmatively. Witt explained that the problem with staying in the parking lot of the meat market was that in the morning he would have to back his truck onto the roadway because the lot was not big enough to turn his rig around to exit the lot. Because of the length of his load, Witt told Sergeant Gros he would rather have an escort to help him back out. Sergeant Gros informed Witt that his office could not provide an escort until the following morning and it would cost $50.00 for the escort vehicle. Although Witt could have paid the escort fee, a reimbursable expense, he declined the escort. Witt's calls to the law enforcement authorities ended at 9:11 p.m.

Witt, who was still at the Ducote home, discussed his desire to move his truck and trailer with the Ducotes. Even though Mrs. Ducote told Witt he could leave his rig in the meat market parking lot and get help from the meat market employees early the next morning, Witt insisted on moving his rig from the meat market that night and going to the Wal-Mart parking lot. Mrs. Ducote initially offered assistance, but her husband intervened and said that he would help Witt. Nevertheless, as the Ducotes looked for a flashlight, Witt boarded his rig and began backing out unassisted and without even using the emergency reflective triangles he carried in the cab of his eighteen wheeler. When Mr. Ducote saw Witt backing out unassisted, he hurriedly parked his car on the highway shoulder in an effort to illuminate the area with his headlights; he also attempted to warn the oncoming traffic by waiving his arms. Shortly thereafter, at approximately 9:15 p.m., a pickup truck occupied by Clement and Mary Davis struck the poles protruding from the trailer of Witt's tractor-trailer.⁶ Clement and Mary Davis were killed as a result of the accident.⁷

The ten major children of the Davises⁸ filed suit against Charles Witt, the driver of the tractor-trailer that collided with Clement and Mary's vehicle, his employer, Circle B. Trucking...