Articles Posted in Civil Matter

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A malfunctioning traffic signal located in Rosepine, Louisiana, caused much confusion for two drivers one October morning in 1978. Going about their day, both drivers were given the green signal from their respective sides of the signal. As both drivers moved forward expecting the other to stop they collided. One driver filed suit, and the case that arose from the collision provided an opportunity for Louisiana’s Third Circuit Court of Appeal to clarify who is at fault in that type of situation. Through this ruling the court developed precedent for the responsibility in the event of malfunction. At fault was Louisiana’s Department of Transportation and Development (Department).

The Court first verified that the traffic signal was malfunctioning at the time of the accident. Both drivers and many uninterested witnesses testified as to the condition of the light. It was described as appearing to have been struck, being twisted, and turning from green to yellow and back on all sides.

The Court then looked to Article 2317 of Louisiana’s Civil Code to see who would be held liable for the plaintiff’s damages. The Article provides in part:

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How does the law treat someone bringing a lawsuit who may be somewhat at fault for the incident? Let’s assume an injured Louisiana resident wants to sue another driver for crashing into her vehicle. In his defense, the defendant driver argues that the plaintiff failed to properly yield, and is therefore at least partly to blame for the accident.

Depending on whether the jurisdiction follows the contributory, purely contributory, comparative, or purely comparative negligence regime, the defendant may be fully liable, partly liable, or not liable at all for the damages sustained by the plaintiff. These legal tests of contributory and comparative negligence are critical for injured plaintiffs to understand, as they may decide just how much or how little one can recover from a defendant if the accident was not fully the fault of just one party. Louisiana follows a pure comparative model. Whereas other negligence regimes might bar a plaintiff from recovering damages if they are more than 50% at fault for the injuries, the Louisiana model allows a jury to award damages as long as the defendant is simply a little bit at fault.

The defense of comparative negligence is critical in products liability litigation. Recent headlines regarding the Toyota recalls reveal that the car manufacturer may already be laying the groundwork for this type of defense in anticipation of future litigation.

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When traffic accidents occur, courts must examine the basic “rules of the road” that govern drivers’ conduct in determining fault. The violation of a traffic regulation is a frequently-used basis for finding that a driver was negligent when the violation results in a crash.

The case of Dyck v. Maddry, 81 So.2d 165, 167 (La. App. 2 Cir. 1955), was one such case where the court referred to basic traffic rules in determining fault. On the evening of June 2, 1954, Ms. Gladys Maddry was driving her Chevrolet coupe south on State Highway 90 just outside of Cotton Valley. Mr. Elmer Dyck approached Highway 90 from a street that intersected but did not cross it, thus forming a “T” intersection. The intersecting street was marked with a stop sign, while traffic on Highway 90 had the right-of-way. Mr. Dyck testified that he approached Highway 90, stopped at the intersection, and after confirming there were no oncoming vehicles, proceeded to make a left turn onto the highway. After he had traveled about 90 feet south of the intersection, Mr. Dyck’s car was struck from the rear and overturned by Ms. Maddry’s automobile. Ms. Maddry testified that Mr. Dyck drove suddenly into her path and that she immediately applied her brakes to try to avoid the collision.

At trial, the court found that both Mr. Dyck and Ms. Maddry were contributorily negligent and denied their claims against each other. The Court of Appeal upheld the findings of the trial court. Regarding Ms. Maddry’s negligence, the court noted that Louisiana law

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In 1994, Conoco, Inc. initiated construction on a project that required the demolition of abandoned homes in Westlake, Louisiana. Along with demolition, the project required the evacuation and removal of soil. The soil, which contained asbestos, was distributed to homeowners that spread the soil on the lawns of their homes.

According to La. C.C. art. 2315.2:

“In addition to general and special damages, exemplary damages may be awarded, if it is proved that plaintiff’s injuries were caused by the defendant’s wanton or reckless disregard for public safety in the storage, handling, or transportation of hazardous or toxic substances.”

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Two daughters of a veteran who resided at the Northeast Louisiana War Veterans Home have sued the state’s Department of Veterans Affairs and the administrator of the home after their father died as a result of wandering out from the home into freezing temperatures, according to the Monroe Newsstar.

The lawsuit alleges that staff failed to notice their 83-year-old father, Ernest Emmitt Moody, leaving the home in his wheelchair early in the morning on January 4. Although cameras recorded Moody leaving the home around 3:45 a.m. through a rear exit, the daughters claim in the lawsuit that the V.A. Home told them there were no cameras. The assistant administrator at the facility, Tommy Shoemaker, has stated that the staff did not begin searching the building until about 4:30 a.m. After failing to locate Moody, the staff called Shoemaker, who came to the home to search the grounds and the pecan orchard.

The Newsstar reports that

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According to Louisiana state courts, jailers may be liable for negligence if an intoxicated prisoner is injured while in custody. In fact, these courts have repeatedly cited the principle that the police owe a higher degree of care to an intoxicated person than to an unimpaired person.

In the 1980 case of Burns v. Town of Leesville, the Third Circuit rejected Billy Burns’ claim that the Leesville City Jail, as well as several other parties, were negligent in placing him in the top bunk of a prison bed after arresting him for disturbing the peace by being drunk. During the course of his time locked up, Burns rolled or fell off the top bunk and struck his back on a metal railing before landing on the floor of his cell. According to Burns and other prisoners, he called out for medical assistance several times but his jailers ignored his requests. Burns was released from jail the next morning. After his release, he sought medical treatment and was hospitalized for several days due to a contusion and abrasion of his back with an acute lumbar sprain.

The Court of Appeals, stating that voluntary intoxication does not absolve a person of his own negligent acts, found that Burns was responsible for his own injuries which were due to his attempt to get down from the top bunk in an unsafe manner. Because of this, the court of appeals found for the jailers.

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Ouachita Parish deputies arrested Brandon Martin, of West Monroe, for driving while intoxicated, “DWI,” on Sunday, February 21. While this incident might seem relatively commonplace, a few aspects of Martin’s arrest make it noteworthy. According to a report by the staff at The News Star:

“When [the deputies] found [Martin], they said he was lying in the rear of the vehicle on top of musical equipment. Two people in the front seat said Martin had been driving.

Deputies said Martin declined a field sobriety test, but submitted to a chemical test that showed his blood alcohol content at .184. A blood alcohol level of .08 is considered intoxicated in Louisiana. The arrest report showed Martin was charged with DWI in 2005, 2007 and 2009.” (emphasis added)

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With municipal governments around the nation facing massive budget shortfalls, many have already taken unprecedented steps in cutting traditional services. In Tracy, California, residents now must pay $300 phone charge for any 911 call they make or pay a $48 dollar yearly fee for the “unlimited” 911 plan. The change has drawn the ire not only of local citizens, but people across the country, perhaps fearful of what their own local governments may do to cut costs.

On the surface, residents of St. Tammany parish who rely on a dependable 911 system, may not see things quite as badly. According to a recent Times-Picayune article by Jeff Adelson, the local government recently spent $85,000 for installation of a 911 photo system designed to aid first responders arriving at the scene of an emergency. If national trends are any indication, however, local city and county governments throughout Louisiana will eventually face difficult decisions when trying to decide which services to improve and which services to scale back.

While not explicitly contributing to budget shortfalls, a recent delay in services helped cause one Covington homeowner untold frustration and possible property damage after the leftover problems from broken sewer elements went unattended for nearly six months. As Benjamin Alexandar-Blotch reports in his article from March 5 of this year:

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28 year old Arlandus Albertlee Green, Jr. of Minden has been arrested and charged with running down two people with his car.

Green, also known as Lance, has been accused of aggravated battery and aggravated assault. As reported in the Bossier Press Tribune and Minden Press Herald’s nwlanews.com,

Minden Police Chief T.C. Bloxom said on February 7, Green and Lamario Elkins began arguing on Sheppard Street. During the argument, Green pulled a Jimenez 9 mm and pointed it at Elkins.

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In October 2009, as Congress was caught up in the health care reform debate that is still raging on Capitol Hill, Merlyna Adams of LaPlace took a trip to Washington, D.C. to show legislators that she is not frivolous. Worried about proposals to limit patients rights in health care, Merlyna met with several other families at Washington to ensure that their stories were told. As reported by Public Citizen on their website,

Meryna met with members of Congress to express the difficulties she has encountered due to medical malpractice in the treatment of a kidney stone she had in 2007. Negligent treatment resulted in heart, renal, and pulmonary complications for Meryna as well as amputation of both her hands and legs below her knee. She shared with Congress how everyday activities are difficult, especially in her employment as a school principal.  Kidney stone treatment is not supposed to end in an intensive care unit with more removed then a kidney stone.

Stories like Merlyna’s show how devastating medical malpractice can be. Surviving medical malpractice is usually just the beginning, often due  to victims having to care for injuries that may be with them for the rest of their lives.  And many victims don’t make it. According to the Institute of Medicine, almost one hundred thousand Americans die each year from injuries that could have been prevented. In considering healthcare reform proposals, Members of Congress should focus on patient safety and reject legislation that takes the teeth out of recovery for medical malpractice.

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