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Degges v. State ex rel Dep't of Transportation and Development9/21/2005
was solely [Mr. Trippe's] fault."
As stated by the DOTD, "the essential question [in this case] is did the jury have a reasonable factual basis to conclude in this case that the subject intersection did not pose an unreasonable risk of harm?" We conclude that such factual basis does exist. Kirk Gallien, the DOTD's district traffic operations engineer, testified that his department had no notice or knowledge of any complaints with respect to the subject intersection. Testimony further indicated that traffic was "much lighter" in the area at 7:00 p.m. and that other patrons had little trouble with the traffic signal or intersection. In addition, Ms. Degges' expert witness testified that he was unaware of any (other) accidents at the site. Dr. Richard Robertson, a traffic engineer, testified that Mr. Trippe had approximately 25 to 35 seconds of "view" available to him (during which he could have clearly observed the flashing red light and assessed the traffic). Similarly, Marshall Lyles, an accident reconstructionist, testified that the 18-wheeler was approximately 50 feet in front of the Trippe/Degges vehicle when the latter pulled into the intersection. He stated that the accident was caused "solely as a result of the inattentiveness or distraction of Mr. Trippe."
In summary, we find that the record in the case sub judice supports the conclusion of the jury that it was Mr. Trippe's negligence that caused this accident. While some evidence to the contrary may exist, we find no indication of manifest error sufficient to satisfy the burdens of Rosell, supra, Stobart, supra, or Reider, supra. Given the aforementioned standard of review and the testimony adduced by Dr. Robertson, Mr. Lyles and Mr. Gallien, we cannot say that reversible error is evidenced on this record.
CONCLUSION
For the foregoing reasons, the judgment of the trial court in favor of the Defendant/Appellee, the State of Louisiana, through the Department of Transportation and Development, is affirmed. Costs of this appeal are assessed to Plaintiff/Appellant Terri Degges.
AFFIRMED.
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