Guy v. State, Dept. of Transp. and Development, s. 22112-CA
| Decision Date | 27 February 1991 |
| Docket Number | Nos. 22112-CA,s. 22112-CA |
| Citation | 576 So.2d 122 |
| Parties | Terry Bounds GUY, et al., Plaintiffs, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al., Defendants. Billy A. BROWN, et ux., Plaintiffs, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al., Defendants. LIBERTY MUTUAL INSURANCE CO., Plaintiff, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al., Defendants. to 22114-CA. |
| Court | Court of Appeal of Louisiana — District of US |
Mayer, Smith & Roberts by Ben Marshall, Jr., Shreveport, for Terry Bounds Guy, et al., appellees.
Comegys, Lawrence, Jones, Odom & Spruiell by John S. Odom, Jr., Shreveport, for Billy A. Brown and Elizabeth W. Brown, appellees.
Cook, Yancey, King & Galloway by Albert M. Hand, Shreveport, for appellant, State, DOTD.
Jerry Kircus, Shreveport, for appellee, Liberty Mut. Ins. Co.
Frederick H. Sutherland, Shreveport, for appellee, Caddo Parish School Bd.
Gordon N. Blackman, Jr., Shreveport, for Brian D. Ball, intervenor-appellee.
Before NORRIS, HIGHTOWER and VICTORY, JJ.
In three consolidated actions arising from an automobile/bus collision, the State of Louisiana through the Department of Transportation and Development (DOTD) appeals a judgment finding that agency sixty percent liable in each case. The automobile driver, found forty percent at fault, and his two passengers, answered the appeal by arguing that all liability should be assessed to the State. For the reasons hereinafter expressed, finding the plaintiff driver solely at fault, we reverse the assessment against the State and, accordingly, amend and affirm the judgment.
FACTS
At approximately 6:00 a.m. on February 17, 1986, Billy Brown met Brian Ball before driving to the Wal-Mart store in their home town, Vivian, Louisiana, where Burleigh Lynn Guy joined them. That day, Brown would operate his vehicle as the three men traveled approximately 15 miles to their place of work at the Universal Oil Products plant, located between Mooringsport and Blanchard, Louisiana on Highway 538. 1 Taking Highway 1 south, Brown turned right onto Highway 538 at the intersection known locally as Holland's Triangle, and proceeded southbound on the two-lane thoroughfare.
At the same time, Carolyn Pittman, a substitute driver for the Caddo Parish School Board, was operating her school bus in a northerly direction on Highway 538. The roadway being wet from falling mist, Ms. Pittman slowed her vehicle to 30-35 miles per hour as she approached a left-hand curve about three-tenths of a mile south of Holland's. In the pre-dawn darkness, she first viewed the headlights of Brown's 1979 Ford Thunderbird. As the car rounded the curve from the opposite direction, she observed it straddling the center line and heading toward her at a high rate of speed, later estimated to be 45-50 miles per hour. Immediately applying her brakes, she skidded approximately 62 feet while steering the bus as far as possible to the right, but being unable to get off the road due to an embankment next to the shoulder. The Brown vehicle struck the left front corner of the bus with sufficient impact to force it backwards seven feet. Miraculously, Ms. Pittman and her passengers escaped serious injury. The occupants of the automobile, however, were not as fortunate.
The first suit arising from the accident, filed on behalf of Guy, named the driver and DOTD as defendants. Ball later intervened. In the next cause, Brown sought recovery from the State. Finally, the uninsured motorist carrier for Guy initiated a separate subrogation action against Brown and the State. In all of these proceedings, DOTD asserted Brown's negligence as the sole cause of the mishap.
By agreement, the various cases were consolidated for trial on the bifurcated issue of liability. After hearing evidence for five days, the judge rendered a written opinion in which he apportioned fault, sixty percent to DOTD and forty percent to Brown. Subsequent to judgment, DOTD filed its appeal. All other parties ("plaintiffs") answered.
DISCUSSION
Standard of Review
The district court apparently found the highway unreasonably dangerous. Nevertheless, DOTD asserts that this ultimate conclusion should not be given the usual deference on appeal since the trial court failed to articulate a factual theory supporting its determination. In reply, plaintiffs contend that the written opinion adequately details justifications. Alternatively, they argue that, should we determine that the manifest error rule is not applicable as to the findings against the DOTD, neither should it be applied against them, the plaintiffs.
It is well established that a trial court's finding of fact may not be set aside in the absence of manifest error or clear wrongness, and reasonable inferences of fact should not be disturbed on review. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). However, when the fact-trier does not articulate the theory or evidentiary facts upon which conclusions are based, an appellate court is unable to give such findings the usual deference attributed to such decisions. Bloxom v. Bloxom, 512 So.2d 839 (La.1987); Thompson v. PetroUnited Terminals, Inc., 536 So.2d 504 (La.App. 1st Cir.1988), writ denied, 537 So.2d 212, 213 (La.1989).
In assessing sixty percent of the fault to DOTD, the trial court termed the road as "substandard and improperly maintained" but failed to justify that conclusion. Although describing the curve as "sufficiently sharp that it tended to cause south bound vehicles to slide into the north bound lane," the opinion did not explain whether such a "slide condition" resulted from a road surface of inadequate friction, as plaintiffs contended, or from the light rain at the time of the accident. The abbreviated decision mentioned, but failed to specify, the "hazardous conditions" of the highway. Finally, in reference to a major issue of the case, regarding the existence of warning and speed signs on the road on the day of the accident, the trial judge merely stated that those "proved ... in place" were inadequate, without indicating which signs he, in fact, determined were there.
On the other hand, in reference to the plaintiff driver, the court specifically found him "negligent in approaching the dangerous curve at an excessive speed and without being able to keep his vehicle under proper control."
The fact-trier having thus particularized those acts of the driver constituting fault, we may not set aside that determination if reasonable in light of the entire record and not clearly wrong. See Rosell v. ESCO, 549 So.2d 840 (La.1989). However, lacking articulated facts in support of finding the State at fault in the accident, we now review the record to ascertain if the preponderant evidence establishes a reasonable factual basis for imposing such liability. See Thompson, supra.
Duty of the State
Of course, a driver who leaves his side of the road and collides with another vehicle in its correct lane of travel is presumed negligent. Noland v. Liberty Mutual Insurance Company, 232 La. 569, 94 So.2d 671 (1957); Smiciklas v. Groendyke Transport, Inc., 505 So.2d 775 (La.App.2d Cir.1987), writ denied, 506 So.2d 1231 (La.1987); Nicholson v. La. Dept. of Transportation & Development, 449 So.2d 178 (La.App. 3d Cir.1984). See LSA-R.S. 32:71, 79(1). When this presumption is applied, the burden shifts to the trespassing motorist to demonstrate the collision was not caused by his negligence, or that there were justifiable circumstances excusing his conduct. Noland, supra; Freeman v. Continental Casualty Co., 180 So.2d 112 (La.App. 2d Cir.1965); Jackson v. Indiana Lumberman's Mutual Ins. Co., 175 So.2d 349 (La.App. 2d Cir.1965); Bryant v. Johnson, 140 So.2d 758 (La.App. 2d Cir.1962).
To exculpate Brown from liability, plaintiffs sought to prove DOTD breached its duty to maintain the highway, where the accident occurred, in a reasonably safe condition. See Myers v. State Farm Mut. Auto. Ins. Co., 493 So.2d 1170 (La.1986). That duty includes providing adequate warnings of and safeguards against dangerous conditions in the highway. State Farm Mut. Auto. Ins. Co. v. Slaydon, 376 So.2d 97 (La.1979); Von Cannon v. State, Department of Highways, 306 So.2d 437 (La.App. 3d Cir.1975), writ denied, 309 So.2d 681, 682 (La.1975). Of course, whether DOTD breaches its duty depends upon the facts and circumstances of each individual case. Myers, supra.
Actual Condition of The Roadway
Highway 538 is a State Rural Minor Collector Route, LSA-R.S. 48:191, originally taken into the state system in 1924. With the construction of Highway 1 in the 1940's, it became a secondary roadway, although today accommodating approximately 1,800 vehicles daily. It has nominal lane widths of nine feet and narrow shoulders. For that reason, on January 27, 1986, the state director of construction and maintenance listed it, and numerous other state routes, as substandard and designated for posting at ten miles per hour below the then-existing speed limit, 2 and with signs reading "Drive Carefully Substandard Roadway."
Plaintiffs contended such signs were not in place on the date of the accident. They maintained that motorists assumed 55 miles per hour to be lawful in the absence of a speed limit sign, and that Brown could not be at fault in entering the curve at 45-50 miles per hour. 3
At trial, in support of those contentions, plaintiffs called numerous local persons who traversed this stretch of highway daily. Uniformly, they agreed a yellow diamond-shaped curve sign marked the beginning of the curve. However, their testimony proved less than consistent concerning the existence of a 45 mile per hour speed sign and substandard roadway warning for the area. Several admitted they could not recall whether the speed sign was in place on the day of the accident, but expressed certainty that the substandard sign was not. Others...
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