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Ruttley v. Lee5/17/2000
ard of $75,000 for bystander damages. Mr. Ruttley, Jr., was awarded $10, 494.50 for the loss of his car. The awards were then reduced by Stacey's 20% fault assessment. The Parish of Jefferson appealed this judgment.
TESTIMONY
Trooper Terrence Freese is employed by the Louisiana State Police in the motor carrier safety division. He has worked seven years for the Louisiana State Police and he investigates accidents in the course of his job . Trooper Freese was the primary officer investigating this accident that occurred on September 10, 1993, at the intersection of Pritchard Street and Ames Boulevard.
Trooper Freese testified that when he arrived on the scene, he saw a Jefferson Parish Sheriff's car partially in a ditch. Stacey's car was in the front of the deputy's car and Stacey's body was hanging outside of her car. From his investigation, Trooper Freese determined that the police car struck Stacey's vehicle on the passenger side and pushed it approximately 54 feet. Stacey's vehicle flipped over several times.
Trooper Freese testified that it took seven minutes from the time that he received the phone call for him to arrive at the scene. When Trooper Freese approached Stacey, he perceived that she was dead, but he did not attempt to take vital signs. Trooper Freese was aware that the accident occurred at about 9:27 A.M. and the EMT technicians arrived at 9:37 a.m.
Trooper Freese testified that there were vision obscurements on the corner of Pritchard Street and Ames Boulevard. Trooper Freese determined that, right before the accident, Stacey was facing west while traveling on Pritchard Street and approaching Ames Boulevard. At this time, Deputy Roddy was traveling southbound on Ames Boulevard. Since Deputy Roddy was on an emergency call, he was utilizing his visual emergency equipment; namely, his overhead lights and flashing headlights. Trooper Freese testified that weeds and trees were overgrown and prevented both Stacey and Deputy Roddy from seeing each other. When Stacey pulled into the intersection, Deputy Roddy collided into her. Trooper Freese determined that Stacey, with careful observation, had a 227 feet maximum field of view of northbound Ames Boulevard because of the shrubbery overgrowth. Trooper Freese testified that it is probable that the accident would not have occurred if there were no sight obstructions.
Trooper Robert Vittitoe testified that he is employed by the Louisiana State Police as a road trooper and he assisted Trooper Freese in investigating the accident on September 10, 1993. When Trooper Vittitoe arrived, both vehicles were in the ditch in the southeast quadrant of the intersection. Stacey was still inside of her vehicle.
Trooper Vittitoe conducted some sight line measurements and determined that the distance northbound on Ames Boulevard was around 300 to 350 feet. He marked it off in intervals of 50 feet and he parked his vehicle where he could see Trooper Freese's vehicle's front bumper. As a result of the sight line measurement, he determined that Stacey had a 227 feet maximum field of view of northbound Ames Boulevard. He further testified that the vegetation obscured Deputy Roddy's vision. Trooper Vittitoe opined that the obstruction was a factor in the accident.
Michelle Angela Hawkins, Stacey's first cousin, testified that she was a witness to the accident on September 10, 1993. Ms. Hawkins was proceeding northbound on Ames Boulevard. As she was approaching Pritchard Street, she saw Stacey's vehicle before it stopped at the stop sign. Ms. Hawkins was about 10 feet away from Stacey's car when the police car driven by Deputy Roddy hit Stacey's car. At the time of impact Deputy
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