Riggs v. StateRiggs v. State
Jansey and Linda Riggs appeal the dismissal of their suit for damages sustained when the Riggs’ car, driven by Mrs. Riggs, was struck by a state police vehicle.
The accident occurred near New Iberia on a straight two-lane stretch of Louisiana Highway 182. Mrs. Riggs, accompanied by her one-year-old son and her niece, slowed her vehicle and prepared to make a left-hand turn from the highway into the driveway of the C‘est La Place apartment complex where she lived. At the same time, State Policeman Sidney Hebert was proceeding in the same direction on Highway 182, in answer to an emergency call. He was straddling the center line, and other vehicles on the road had moved onto the right-hand shoulder to clear the way for him. Mrs. Riggs saw the flashing lights of Hebert‘s police unit in her rearview mirror, but thought she had enough time to make the left turn before his vehicle overtook her. She was wrong; the police vehicle hit the Riggs’ car, propelling it into a ditch. The car turned over, and Mrs. Riggs and the two children suffered various injuries.
Jansey and Linda Riggs sued the Department of Public Safety, Sidney Hebert and Travelers Insurance Company, the insurer of the police vehicle, for property damage and personal injuries to Mrs. Riggs and their son. The mother of the niece also sued, but a directed verdict was granted as no evidence was adduced in support of her claim. No appeal has been taken from that judgment, and the issue is not before us. Sidney Hebert was voluntarily dismissed from the suit.
The trial judge made the following findings of fact, with which we find no error: (1) Hebert was traveling approximately 65 miles per hour; (2) his red flashing lights were in operation, but his siren was not; and (3) Mrs. Riggs had activated her left turn signal. He held that she had a duty under
Much of the plaintiffs’ argument involves an interpretation of the facts. As with many vehicular collisions, the evidence was highly contradictory. We find certain factors preponderate in support of the trial judge‘s conclusion. First, the trial court noted that when Mrs. Riggs looked into the rearview mirror and saw Hebert‘s car, she must have been parallel to the highway. At that point she had not begun her turn. She was unjustified in believing that she
The Riggs allege Hebert violated his duty to drive with due regard for the safety of others. We believe that Mrs. Riggs’ fault was the sole cause of the accident. We also agree with the trial judge‘s conclusion that Hebert‘s actions conformed to the requirements of
For the foregoing reasons, we affirm the judgment of the trial court dismissing the suit of Jansey and Linda Riggs and taxing all court costs to the plaintiffs. Costs of this appeal are also assessed against Jansey and Linda Riggs.
AFFIRMED.