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Ruttley v. Lee5/17/2000
JUDGMENT REVERSED IN PART, AFFIRMED IN PART, AMENDED AND RENDERED.
FACTS
This is an action for damages arising out of an automobile accident which resulted in the death of Stacey Ruttley. The trial court assessed 80% liability to the Parish of Jefferson and 20% liability to the decedent. Damages were awarded to Mrs. Dorothy Ruttley, Stacey's mother; Ms. Sandra Ruttley Bolotte, Stacey's sister; and Mr. Ernest T. Ruttley, Jr., Stacey's brother. The Parish of Jefferson appealed. For the following reasons, we reverse in part, affirm in part, amend, and render judgment.
On September 10, 1993, Stacey was driving her 1992 Ford Mustang on Pritchard Street. She approached the intersection at Pritchard Street and Ames Boulevard and stopped at a stop sign. She then pulled her car into the intersection. Deputy David Roddy was responding to an emergency call. He saw a "blur" which was Stacey's car and slammed on his brakes, however, he was unable to avoid a collision with Stacey's car. Stacey died on the scene.
Suit was filed by Mrs. Ruttley, Mr. Ernest T. Ruttley, Jr., Ms. Sandra Ruttley Bolotte, and Ms. Sarah Ruttley for wrongful death, survivor's damages, and bystander damages. Named as defendants were Harry Lee in his official capacity as the Sheriff of Jefferson Parish, Deputy David Roddy, and the Parish of Jefferson.
On April 4, 1994, the Jefferson Parish Sheriff's Office filed a Peremptory Exception of No Cause of Action, arguing that only Mrs. Ruttley is entitled to survivor's benefits as the surviving parent and that the siblings of Stacey Ruttley are not entitled to survivor's damages because there is a surviving parent, citing LSA. C.C. art. 2315.2.
On February 24, 1999, the trial court granted the Sheriff's Peremptory Exception of No Cause of Action as to plaintiffs Ernest T. Ruttley, Jr. and Sarah Ruttley Otero and dismissed all causes they may have with prejudice. The trial court ruled that the exception as to Sandra Ruttley Bolotte was referred to the merits.
After trial on the merits, the trial court dismissed plaintiffs suit with prejudice against the defendants Deputy Roddy and Harry Lee, Sheriff for the Parish of Jefferson. The trial court then rendered judgment in favor of the plaintiffs against the defendant Parish of Jefferson in the amounts of:
Dorothy Ruttley $423,917.94
Ernest T. Ruttley, Jr. $8,395.60
Sandra Ruttley Bolotte $20,000.00
The parties entered into a stipulation that the vehicle that Stacey drove was valued at $10,494.50.
In its written reasons, the trial court found that the intersection of Ames Boulevard and Pritchard Street was dangerous because the intersection in the direction that Deputy Roddy traveled was obstructed by high weeds and overhanging tree limbs. The trial court further determined that the Parish of Jefferson had notice of the hazard because the Parish cut the grass around the area about every two weeks. Furthermore, Dorothy Gill called and complained about the intersection just days before the accident which claimed Stacey's life. The trial court found that the sight obstructions were a cause in fact of the accident and that the Parish of Jefferson had knowledge of the intersection's obstructions.
The trial court also found that Stacey was at fault because she failed to stop her car at a point where she could see both ways and she drove into the intersection when it was not safe.
The trial court awarded Mrs. Ruttley $150,000 for the pain and suffering that Stacey endured before her death, $300,000 for wrongful death, and $75,000 for bystander benefits. Ms. Bolotte received an aw
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