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Hicks v. State12/7/2001
highway and the apron, which could easily have been remedied by the addition of a fog line, the combination of superelevation of the roadway and the excessive reverse slope of the apron, combined to act as a trap to a motorist who strayed only slightly as he passed through the curve in the highway. The risk of harm was high, and the cost to remedy such defects appears to be low. The combination of defects in the roadway found by the trial court to exist in La. Hwy. 846 presented an unreasonable risk of harm to the motoring public.
Cause in Fact
The excessive difference in slope between the highway and the apron on Tin Top Road was the primary cause of the accident and constituted a trap. Correction of the other defects might have allowed motorists to drive slower, be more attentive, or have better indicators of the highway's path so as to avoid the trap. The failure to properly sign the curve, by giving motorists a lower advisory speed, appears to have contributed to the accident. According to both experts, a lower speed would have lessened the effects of centrifugal forces acting on Mr. Hicks' car. The experts agreed that Mr. Hicks was probably driving close to the advisory speed (35 mph) at the time of the accident. The similarity of appearance of the roadway and the apron contributed to the occurrence of the accident. The trial court's finding in this respect is not manifestly erroneous. The failure to delineate the right side of the roadway, as it passed the apron, and thus to aid the motorist in avoiding its edge, clearly contributed to Mr. Hicks driving over the lip of the apron and being unable to recover. The presence of gravel on the apron would have exacerbated the loss of control resulting from the rollover effect. Clearly, the trial court did not err in finding that the construction of the highway/apron, the similarity in color between them, the failure to properly post a lower advisory speed and the presence of the gravel on the apron, all created an unreasonable risk of harm to the motoring public.
Comparative Negligence of Mr. Hicks
The court assigned 100% liability to DOTD and none to Mr. Hicks. Based on the evidence adduced, it appears that Mr. Hicks was driving below the posted speed for the highway, and probably driving at the advisory speed for this section of the highway. Considering the findings adverted to above, we find no manifest error in the trial court's conclusion that Mr. Hicks was not negligent. An attentive driver, encountering at a reasonable speed, an apparently straight roadway (because of the similarity of the apron and highway), which he followed until his wheels left the roadway, dropped off an excessive reverse elevation and ran over gravel, would have experienced an accident similar to Mr. Hicks. Simply stated, this accident could have happened to any driver. Unfortunately, Mr. Hicks was unable to recover, struck the tree and was severely injured. The trial judge's conclusion that the cause of the accident rested solely with DOTD is not manifestly erroneous, and is affirmed.
DAMAGES
The trial court made the following monetary awards:
Mr. Hicks:
Pain and suffering $500,000.00
Mental anguish $500,000.00
Pre-impact fear $35,000.00
Medical expense $437,351.95
Total $1,472,351.95
Mrs. Hicks
Wrongful death $500,000.00
Loss of services $75,000.00
Loss of support $63,488.00
Medical expense $4,326.91
Pain and suffering $50,000.00
Mental anguish $50,000.00
Pre-impact fear $35,000.00
Total $77
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