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Donaldson v. Covington County3/27/2003
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED
. Charles L. Donaldson was involved in car accident while driving on old Highway 49, a county-maintained road, in Covington County. Donaldson sued Covington County under the Mississippi Tort Claims Act ("MTCA"), Miss. Code Ann. ยงยง 11-46-1 to -23 (Rev. 2002), alleging that the county knew the road was unreasonably dangerous and failed to warn motorists of the danger. After a bench trial, the circuit court entered judgment for the county holding that the county exercised ordinary care in performing its duty to warn motorists of the curve. Donaldson appeals.
FACTS
. On a rainy January 12, 1998, Charles L. Donaldson was involved in a one-vehicle accident on the county-maintained Old Highway 49 ("Highway 49") in Covington County. At the time, Donaldson was hauling a backhoe using his employer's van. The stretch of road where the accident occurred presents a significant curve and a railroad intersection.
. Donaldson alleged that the county knew of the dangerous road conditions and that the county's failure to warn motorists was the proximate cause of his accident. Likewise, he claimed, by failing to warn motorists of a known hazard, the Board of Supervisors, which is responsible for maintaining county roads, acted with reckless disregard for his safety. Denying all liability, the county maintained that it satisfied all requirements of the law and due care.
. In July 2001, a two-day trial was held in the Circuit Court of Covington County.
. Donaldson testified that he was traveling at approximately 40 m.p.h with his windshield wipers and headlights on and, because there was insufficient warnings, the curve surprised him.
. The accident investigator from the sheriff's department, Joseph Tuggle, testified that there were no warnings along the route Donaldson was traveling and that warnings were posted subsequent to Donaldson's wreck. Additionally, he testified to his knowledge of other, unreported wrecks at this curve.
. Donaldson presented John Exnicios as an expert witness in the field of traffic engineering and road signs. He testified regarding a "ball bank indicator" test, which is used to determine the proper speed that a curve can be safely negotiated by motorists. After conducting his own test, Exnicios concluded that 25 m.p.h. was the appropriate speed for the curve and that 55 m.p.h - the speed limit at the time of Donaldson's wreck- was too high.
. Further, Exnicios testified that the county failed to satisfy the guidelines provided in the Manual on Uniform Traffic Control Devices ("MUTCD") and that the county failed to adequately warn motorists of the curve. The MUTCD is published by the Federal Highway Administration (FHWA) and defines the national standards for the installation and maintenance of traffic control devices on all streets and highways. The standards of the MUTCD are classified in three categories: advisory, permissive, and mandatory. Dep't of Transp. v. Mikell, 493 S.E.2d 219, 222 (Ga. Ct. App. 1997).
. Because he was not an accidentologist, the court prevented Exnicios from testifying regarding whether the lack of signs was the proximate cause of the wreck or give his opinion on whether the county failed to adequately warn motorists.
. Ultimately, the trial court held that the county exercised ordinary care in the performance of its placement of warnings. The decision of the trial court failed to mention the MUTCD, but noted that, though not ideal, the warnings provided by the county were adequate to warn motorists.
STANDARD OF REVIEW
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