Summary
The Louisiana Court of Appeal, First Circuit, affirmed liability against South Central Bell Telephone Company and the Louisiana Department of Transportation and Development for a hazardous utility-pole location that contributed to a fatal automobile accident. The court reversed liability against Gulf States Utilities Company because it did not own or participate in relocating the pole. The court also upheld the general damages award to Blanche Arellanes but disallowed her separate claims for medical expenses and lost wages as nonrecoverable in the wrongful-death action.
Holdings
- DOTD was negligent because the utility pole's unusual placement in the middle of the improved shoulder created an unreasonable hazard, and DOTD had a duty to maintain reasonably safe highways and shoulders for motorists who inadvertently entered the shoulder and for passengers in those vehicles.
- Prince's negligence did not constitute an intervening or sole legal cause relieving DOTD or South Central Bell of liability because Prince's negligence and the hazardous pole location were substantial contributing causes of the accident.
- South Central Bell was liable under Louisiana Civil Code article 2315 because it knew of the unreasonable risk created by the pole's location, could have taken reasonable steps to eliminate the risk, and failed to do so.
- GSU was not liable because South Central Bell solely owned and relocated the pole, and the record did not show that GSU participated in the relocation or knew of its movement.
- The $150,000 general-damage award to Arellanes was not excessive because her extraordinary, medically documented mental and physical suffering made the award reasonably supported by the particular circumstances.
- Arellanes could not recover her own medical expenses, future medical expenses, or lost wages as separate damages through this wrongful-death action under Louisiana Civil Code article 2315; those amounts were reversed and deducted from the judgment.
Questions Presented
- Whether DOTD was negligent in allowing a utility pole to remain in the middle of an improved highway shoulder and whether the pole was a legal cause of the accident.
- Whether Rodney Prince's negligence constituted an intervening or sole legal cause relieving DOTD and the utility companies of liability.
- Whether South Central Bell was liable for knowingly maintaining a utility pole in a hazardous location.
- Whether GSU was liable when it did not own, relocate, or participate in placing the pole but merely used it under a joint-use agreement.
- Whether the $150,000 general-damage award to Arellanes was excessive.
- Whether Arellanes could recover her own medical expenses, future medical expenses, and lost wages as damages through a wrongful-death action under Louisiana Civil Code article 2315.
Disposition
other
Cases Cited (22)
- Willis v. State ex rel. Louisiana Department of Highways, 321 So. 2d 819 (La. App. 1st Cir. 1975), writ denied, 325 So. 2d 280 (La. 1976)(followed)
- LeBlanc v. State, 419 So. 2d 853 (La. 1982)(followed)
- Sinitiere v. Lavergne, 391 So. 2d 821 (La. 1980)(followed)
- Rue v. State, Department of Highways, 372 So. 2d 1197 (La. 1979)(followed)
- Dagnall v. Louisiana Department of Highways, 426 So. 2d 276 (La. App. 4th Cir. 1983), writ denied, 433 So. 2d 160 (La. 1983)(followed)
- Ketcher v. Illinois Central Gulf Railroad Co., 440 So. 2d 805 (La. App. 1st Cir. 1983), writ denied, 444 So. 2d 1220 (La. 1984)(followed)
- Russo v. Guillory, 322 So. 2d 233 (La. App. 4th Cir. 1975), writ denied, 325 So. 2d 608 (La. 1976)(followed)
- Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co., 242 La. 471, 137 So. 2d 298 (1962)(followed)
- Olsen v. Shell Oil Co., 365 So. 2d 1285 (La. 1978)(followed)
- Hessifer v. Southern Equipment, Inc., 416 So. 2d 368 (La. App. 1st Cir. 1982), writ denied, 420 So. 2d 982 (La. 1982)(followed)
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