Duncan v. Kansas City Southern Railway Co.

• Decision Date: 30 October 2000
• Docket Number: No. 00-C-0066.,00-C-0066.
• Citation: 773 So.2d 670
• Parties: Bobby DUNCAN, et al. v. KANSAS CITY SOUTHERN RAILWAY CO., et al.
• Court: Louisiana Supreme Court

773 So.2d 670

Bobby DUNCAN, et al. v. KANSAS CITY SOUTHERN RAILWAY CO., et al.

No. 00-C-0066.

Supreme Court of Louisiana.

October 30, 2000.

Rehearing Denied January 5, 2001.

Richard E. Gerard, Scofield, Gerard, Veron, Singletary & Poherelsky, Counsel for Applicant.

Byrlyne Van Dyke, Ronald J. Fiorenza, Provosty, Sadler, & deLaunay, Alexandria, Michael Kevin Cox, James Buckner Doyle, Cox, Cox, & Filo, Lake Charles, LaVon Denise Raymond, Baton Rouge, H.O. Lestage, III, De Ridder, Wendell Hayes Gauthier, Gauthier, Downing, Labarre, Beiser & Dean, Metairie, Donald Edward McKay, Jr., Counsel for Respondent.

JOHNSON, Justice.¹

This case arises out of a collision between a locomotive and a church van at a railroad crossing in Beauregard Parish. There were three passengers, all sisters, riding in the church van. As a result of the collision, one sister was killed, a second was rendered a quadriplegic, and the third suffered less serious injuries. Plaintiffs, parents of the three passengers, filed suit to recover damages. A jury found the driver of the van and the railroad liable for the accident, apportioning fault between the two. The decision was affirmed by the court of appeal. We granted certiorari to review the correctness of this decision.

FACTS AND PROCEDURAL HISTORY

On September 11, 1994, a van owned by the Bible Baptist Church ("Church") was being driven by Lloyd Mitchell ("Mitchell"). Mitchell was returning children to their homes following Sunday services at the Church. At the intersection of East Iowa Road and the Kansas City Southern Railway Company ("KCS") track in Beauregard Parish, Louisiana, the van collided with a locomotive owned by KCS. Mitchell had three passengers, all sisters, remaining in the van at the time of the accident. The oldest passenger, twelve-year old Amanda Duncan, was killed in the accident. Her eleven-year old sister, Rachel Duncan, was thrown from the van and suffered traumatic spinal cord and brain injury. The youngest passenger, seven-year old Myranda Duncan, suffered less serious physical injuries.

The parents of the three sisters, Bobby and Nelda Duncan, instituted this suit individually and on behalf of Rachel and Myranda. The original petition, and subsequent amendments, named as defendants, KCS; the locomotive's crew; the Beauregard Parish Police Jury ("Parish") and its insurer, Titan Indemnity Company ("Titan"); Mitchell and his insurer, State Farm Automobile Insurance Company ("State Farm"); and the Church and its insurers, Preferred Risk Mutual Automobile Insurance Company ("Preferred") and Midwest Mutual Insurance Company ("Midwest"). The Duncans alleged negligence on the part of KCS for failing to adequately clear the right-of-way adjacent to the railroad tracks causing inadequate sight line distances and for installing inadequate signage at the intersection. The plaintiffs asserted Mitchell was negligent in failing to stop at the stop sign or yield to the oncoming train. Further, the plaintiffs alleged the Parish was the owner of East Iowa Road and, as the owner, it was negligent for failing to adequately clear its right-of-way and for failing to install proper signage; namely "Stop" and "Railroad Crossing" signs.

Following a bifurcated jury trial, judgment was rendered in favor of the plaintiffs. The jury determined that KCS, Mitchell and the Parish were negligent, and that their negligence was the legal cause of the accident. Based on this finding of negligence, the jury apportioned fault as follows: KCS, 58.6% fault; Mitchell, 26.4% fault; and the Parish, 15% fault. The trial judge found the Parish did breach its duty to install proper signage, but that this breach was not a cause-in-fact of the accident since Mitchell was aware that he was approaching a railroad crossing. As such, the trial court reconciled its verdict with that of the jury and reapportioned the Parish's share of fault to the remaining defendants. Thus, KCS was found to be 68.94% at fault and Mitchell was 31.06% at fault.

The plaintiffs were awarded damages totaling $27,876,813.31. Included in the award were future medical expenses in the amount of $17,000,000.00 and general damages for physical pain and suffering, mental anguish, and loss of enjoyment of life in the amount of 8,000,000.00 to Rachel Duncan.

The trial court's decision was appealed by KCS and Midwest.² In its appeal to the Third Circuit, KCS raised four assignments of error: (1) the jury was manifestly erroneous and clearly wrong in deciding the legal duty of KCS and any violation of that duty; (2) the trial court committed reversible error in allowing plaintiffs' expert highway design engineer to testify regarding inadequate signage and sight distances at the crossing; (3) the jury abused its discretion in the allocation of fault; and (4) the jury abused its discretion in the assessment of damages. The court of appeal determined that KCS' assignments of error were without merit and affirmed the trial court's decision. See Duncan v. Kansas City Southern Railway Co., 99-232 (La.App. 3 Cir. 11/3/99); 747 So.2d 656. On KCS' application, we granted certiorari to review the correctness of that decision. Duncan v. Kansas City Southern Railway Co., 00-0066 (La.3/24/00); 758 So.2d 150. In its application to this Court, KCS again raises the four assignments of error rejected by the court of appeal.

DISCUSSION

An appellate court may not disturb the conclusions reached by a jury regarding factual matters in the absence of "manifest error" or unless a particular finding of fact was "clearly wrong." Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). This Court has announced a two-part inquiry for the reversal of the trier of fact's determinations: (1) the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the factfinder, and (2) the appellate court must also determine that the record establishes that the finding is clearly wrong or manifestly erroneous. Stobart v. State, Through DOTD, 617 So.2d 880, 882 (La.1993). Thus, the inquiry is whether the factual findings are reasonable, not whether the trier of fact was right or wrong. Id. If, in light of the record in its entirety, the trial court's findings are reasonable, then the appellate court may not reverse, even if convinced it would have weighed the evidence differently sitting as the trier of fact. Sistler v. Liberty Mutual Ins. Co., 558 So.2d 1106, 1112 (La.1990).

LIABILITY

With these principles in mind, we turn our attention to KCS' first assignment of error; that is, whether the court of appeal erred in holding the railroad liable for the accident. KCS argues that by the time of trial, only two of the plaintiffs' theories of recovery remained, inadequate signage and inadequate sight distances due to groundcover in the KCS right-of-way. According to KCS, the evidence presented at trial was insufficient to support either theory. In particular, KCS argues that the evidence established that if Mitchell had stopped at the stop sign adjacent to the railway tracks, which he was statutorily obligated to do, he could have seen six hundred feet to the south and would have been able to see the approaching train. Thus, according to KCS, the driver's ability to see an approaching train prevents a finding that the conditions at the East Iowa Road crossing constitute a "dangerous trap" and, in turn, prevents a finding that the railroad is liable in the face of Mitchell's one hundred percent liability.

In order to determine whether liability exists under the facts of a particular case, our Court has adopted a duty-risk analysis. Under this analysis, plaintiff must prove that the conduct in question was a cause-in-fact of the resulting harm, the defendant owed a duty of care to the plaintiff, the requisite duty was breached by the defendant and the risk of harm was within the scope of protection afforded by the duty breached. Syrie v. Schilhab, 96-1027, p. 4-5 (La.5/20/97); 693 So.2d 1173, 1176-77; Berry v. State, Through Dept. of Health and Human Resources, 93-2748, p. 4 (La.5/23/94); 637 So.2d 412, 414; Mundy v. Dept. of Health and Human Res., 620 So.2d 811, 813 (La.1993). Under the dutyrisk analysis, all four inquiries must be affirmatively answered for plaintiff to recover. Mathieu v. Imperial Toy Corp., 94-0952, p. 4 (La.11/30/94); 646 So.2d 318, 322.

In the case at hand, we begin our duty-risk analysis by examining the duty owed by KCS to the plaintiffs. Louisiana law requires railroads to provide signage at all crossings within their control. La.Rev. Stat. Ann. § 32:169 provides:

A. Any person, firm, or corporation controlling any railroad track which intersects a public road or street at grade crossings, except those contained in the maintenance system of the office of highways, shall erect and maintain a "Railroad Cross Buck" sign at the crossings above referred to which shall be white with the "Railroad Crossing" in black letters. The sign shall be reflectorized. If there are two or more tracks, same shall be indicated on an auxiliary sign of inverted "T" shape mounted below the cross buck. This sign shall be erected on the right hand side of the roadway of such approach to the crossing not more than fifty feet nor less than fifteen feet from the nearest rail and not less than six feet or more than twelve feet from the edge of the roadway. The sign shall be ten feet above the level of the highway and said sign shall be constructed in accordance with the standards of the office of highways.

B. The person, firm, or corporation controlling any railroad track hereinabove referred to may with written approval of the office of highways, erect stop signs at any grade crossings of railroads on highways not contained in the state maintenance system. Said signs shall be octagonal in shape, shall have a red background, and carry the word "stop" in white letters all in accordance with the standards of the office of highways. Said

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