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Lambert v. State9/30/2005
Before BROWN, WILLIAMS, and MOORE, JJ.
Plaintiffs in this wrongful death/survivorship action are the children of Jimmy Lambert and Peggy Lambert, who drowned on February 19, 2001, shortly after launching their small fishing boat from what is known as the "high water boat ramp" adjacent to the Bayou D'Arbonne Lake Spillway/Dam. The high water boat ramp is on the north side of Bayou D'Arbonne just below the spillway. The body of water on the downstream side of the dam is considered Bayou D'Arbonne, while the waters on the upstream side of the spillway are considered Lake D'Arbonne. The dam was placed across Bayou D'Arbonne, thus forming the reservoir known as Lake D'Arbonne.
The Lamberts entered the bayou using only their boat's trolling motor. The water began violently driving their boat westerly, apparently upstream, against the natural flow of the water. This "backwards" undercurrent was so strong that it easily overcame the trolling motor, driving the Lamberts' boat into the spillway and pinning it against the concrete wall of the dam. The water coming over the spillway was so powerful that it destroyed the boat, then tore the life jackets and clothing off the Lamberts, and they drowned.
The reason that the water carried the Lamberts upstream and against the natural current is inherent in the design of the spillway itself. Beneath the water on the downstream side of the dam the concrete is designed to do two things. First, there are structures which cause turbulence in the water in order to dissipate the energy of the water coming over the spillway. Secondly, there is a lip design, which turns the natural current backwards towards the dam, the purpose of this being to avoid or lessen the effects of erosion on the downstream side of the spillway. Most of the time this design scheme presents no danger to small boats, and there is no reason not to get near the spillway wall. However, when the water level above the dam is far higher than the water level below the dam, which usually occurs after a big rain, the waters below the spillway become extremely dangerous. A backflow or "sucking, spinning vortex" is created which "causes things to get pulled into the backside of the dam." According to the Watershed District, the water below the spillway at the boat launch was visibly, obviously hazardous after such a rain. Furthermore, there were warning signs posted at both the high water boat ramp and across the spillway facing Bayou D'Arbonne.
Plaintiffs, the children of Jimmy and Peggy Lambert, filed the instant wrongful death and survival action against the following defendants:
(1) State of Louisiana, Department of Transportation and Development ("DOTD"), which designed and constructed the spillway and the closely adjacent boat ramp.
(2) State of Louisiana, Department of Wildlife & Fisheries ("DWF"), which has sole authority to control and regulate all aspects of boating in the area.
(3) State of Louisiana, Department of Natural Resources ("DNR"), which is responsible for management of the State's waters and encroachments of the beds and water bottoms of navigable waters.
(4) Bayou D'Arbonne Lake Watershed District ("Watershed District"), which has a statutory duty to manage and control the lake.
(5) Union Parish Police Jury, which has settled with plaintiffs and is no longer a party to the suit.
(6) the Sheriff of Union Parish, whose motion for summary judgment was granted and no appeal has been taken therefrom.
The three State defendants (hereinafter referred to collectively as "the State," and individually as the aforementioned acronyms), the Union Parish Police J
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