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Monk v. State6/29/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks and J. David Painter, Judges.
AFFIRMED IN PART; REVERSED IN PART AND RENDERED.
The State of Louisiana, through the Department of Transportation and Development, appeals the judgment of the lower court finding its failure to clear an intersection of weeds and foliage was the sole proximate cause of the automobile accident at issue. It also appeals the damage awards. For the following reasons, we affirm in part and reverse in part.
FACTS AND PROCEDURAL HISTORY
On September 12, 1996, an automobile accident occurred at the intersection of US Highway 171 and Holly Grove Road, just south of the town of Anacoco in Vernon Parish. At this intersection, US 171 is a divided, four-lane road with parallel twelve foot lanes with a grassy median between. There are four foot shoulders and the speed limit is 55 miles per hour. Holly Grove Road is a two-lane roadway maintained by the Vernon Parish Police Jury. Approximately 100 feet before the intersection with US 171, Holly Grove Road crosses railroad tracks.
On the date in question, Reba Harmon drove her automobile on Holly Grove Road with five minor children (Brandon Monk, Brandie Monk, Kyle Harmon, Megan Warren and Logan Warren) as passengers. To reach her destination, Mrs. Harmon needed to cross the southbound lanes of US 171 and turn left to proceed north. At that time, Danny Lashley was driving his pick-up truck in a southerly direction on US 171, with his father, Marlin, in the passenger seat. He was not speeding. As the Lashley vehicle approached the intersection with Holly Grove Road, Mrs. Harmon's vehicle entered US 171, and despite Mr. Lashley's attempts to avoid the accident, the cars collided.
Mrs. Harmon and one of the five children, Logan Warren, died. Brandie Monk sustained serious injuries, while the other three children suffered relatively minor injuries. Danny and Marlin Lashley also suffered injuries from the accident.
As a result of the accident, suit was filed on behalf of Royce Monk, individually and on behalf of his minor children, Brandie and Brandon, and Judith Beverly (Reba harmon's mother) against the State of Louisiana, through the Department of Transportation and Development (DOTD), alleging negligence on the part of DOTD in the design and maintenance of US 171. Suit was eventually amended to name Brandie and Brandon as primary plaintiffs when they reached the age of majority.
A petition was also filed by Dana Vezinat, individually, and James Russell Warren, individually, for damages caused by the death of their minor child, Logan Warren, and for damages on behalf of their minor child, Megan Warren, against DOTD for its negligence in the design and maintenance of US 171.
Suit was also filed on behalf of Marlin Lashley, his spouse, Barbara Lashley, Danny Lashley, and his spouse, Summer Lashley, against DOTD alleging the same or similar complaints of negligence.
Lastly, suit was filed on behalf of Greg Harmon, individually and as natural tutor of his minor child Kyle Harmon, against DOTD only, asserting the same or similar acts of negligence on the part of DOTD.
DOTD answered each petition alleging it was not negligent or at fault in causing the accident. DOTD contended the accident was caused solely through the negligence and fault, individual or combined, of Reba Harmon and Danny Lashley. A trial by jury was requested, but later dropped by DOTD.
The cases were consolidated and a bench trial was held. Both plaintiffs and DOTD called experts to testify about the construction of the highway, placement of signs, sight di
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