168 So. 3d 476
La. Ct. App.2014Background
- DOTD appeals a jury verdict allocating 30% fault to DOTD for an accident causing severe injuries to Anya Falcon, who is interdicted and has a guardian, Charles Falcon.
- A large political campaign sign partially within DOTD’s right of way allegedly obstructed Falcon’s view at the St. Louis Road–La. Hwy. 1 intersection.
- The accident occurred in pre-dawn, dark, rainy conditions; Falcon had stopped at a stop sign and the other vehicle approached from La. Hwy. 1.
- The jury found 50% fault to Glenn Patrick (the sign’s candidate), 30% to DOTD, 10% to the landowner Gay, and 10% to Falcon, awarding $575,000 in general damages.
- The trial court granted JNOV/additur increasing Falcon’s general damages by $3,000,000, and DOTD appeals both the jury verdict and the JNOV/additur.
- Statutes cited prohibit certain campaign-sign placements within DOTD right of way (La. R.S. 48:461.2; La. R.S. 48:347).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DOTD breached duties and was at fault for the accident | Falcon (through curator) | DOTD had unobstructed view; no liability | DOTD held at 30% fault; no manifest error |
| Whether Falcon was at fault for not yielding despite stopping | Falcon’s actions contributed 10% | Falcon had 20 feet unobstructed view | Falcon 10% at fault; DOTD liable for remaining fault |
| Whether DOTD had notice of an unreasonably dangerous condition and failed to remedy | DOTD knew or should have known of sign obstruction | Notice was not proven | DOTD had actual/constructive notice; no manifest error in fault assessment |
| Whether JNOV/additur on general damages was warranted | JNOV should be affirmed to reflect full severity | JNOV abuses discretion; damages excessive | JNOV and $3,000,000 increase affirmed; trial court’s discretion respected |
Key Cases Cited
- Hanchett v. State ex rel. Department of Transportation and Development, 977 So.2d 78 (La.App. 1 Cir. 2007) (appellate deference in quantum awards; standard for JNOV review)
- Harris v. State, Department of Transportation and Development, 997 So.2d 849 (La.App. 1 Cir. 2008) (notice/knowledge element in DOTD liability)
- Stewart v. State ex rel. Department of Transportation and Development, 9 So.3d 957 (La.App. 1 Cir. 2009) (duty to maintain safe roadways includes brief lapses; case-by-case analysis)
- Burge v. City of Hammond, 509 So.2d 151 (La.App. 1 Cir. 1987) (obstructions readily apparent vs. concealed—distinguishes this case)
- Johnson v. State, Department of Transportation and Development, 492 So.2d 517 (La.App. 3 Cir. 1986) (obstructions as cause of visibility issues; not controlling here)
- Netecke v. State ex rel. DOTD, 747 So.2d 489 (La. 1999) (elements of DOTD liability; duty to correct known hazards)