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Long v. State6/29/2005
JUDGMENT REVERSED, CASE REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
JOHNSON, J., dissents and assigns reasons.
We granted certiorari to determine two issues: (1) whether 23 U.S.C. §409 precludes the admission of correspondence between the State of Louisiana, through the Department of Transportation and Development (hereinafter "DOTD") and a municipality regarding proposed upgrades to a roadway/railroad crossing owned by the municipality; and (2) whether the DOTD automatically assumes a duty to maintain a non-state owned crossing solely by selecting the crossing for a proposed upgrade.
FACTS AND PROCEDURAL HISTORY
On September 10, 1997, Betty Long was driving her car across a railroad crossing on Harp Street in the Village of Bonita, Parish of Moorehouse, when her car collided with a Union Pacific train. Mrs. Long was killed in the collision. According to eyewitness testimony, Mrs. Long proceeded through the stop sign without yielding.
Plaintiffs' Petition
As a result of Mrs. Long's death, her husband, their minor son and daughter (hereinafter referred to as "plaintiffs"), filed wrongful death and survival actions against the DOTD. Plaintiffs alleged that the DOTD was negligent in failing to erect adequate warning devices at the crossing and in failing to adequately mark the crossing. Plaintiffs further alleged that the DOTD breached a duty it assumed two (2) years earlier to signalize the crossing.
In support of the allegation that the DOTD failed to fulfill an obligation to signalize the crossing, plaintiffs incorporated several letters into its petition for damages. The letters were obtained from the Office of Mayor Michael Lytle, the mayor of the Village of Bonita. The correspondence between Mayor Lytle and the DOTD consisted of three (3) letters which were reproduced in their entirety at paragraphs 9-11 of plaintiffs' petition for damages.
The first letter, dated May 18, 1995 from Mayor Lytle to DOTD ("Letter 1"), advised the DOTD that there had been two (2) accidents at the crossing at issue in the last eight (8) years, one with a fatality. The mayor stated that he "believe that some additional warning is needed at this crossing and am requesting an on-site review of the situation by your office."
The second letter, dated September 6, 1995 ("Letter 2"), is a response from Merlin Pistorius, Chief of DOTD's Maintenance Division stating that the DOTD "plans to signalize the railroad crossing from funds available through a federal safety program." He further advised the mayor that "in order to comply with Federal Highway Administration requirements, the local governing body [in this case, the Village of Bonita] must agree by letter or resolution to maintain both pavement striping and signs." The letter concluded with the DOTD's request that the mayor provide a written statement agreeing to make the proper markings before "the Department will proceed with the necessary steps to obtain approval from FHWA to complete the project."
Mayor Lytle responded on September 13, 1995 ("Letter 3"), agreeing to the terms of the correspondence of September 6, 1995.
DOTD's Response to Plaintiffs' Petition for Damages
In response to Plaintiffs' petition, the DOTD filed an exception of no cause of action and a motion to strike portions of plaintiffs' petition from the record. Specifically, in response to paragraphs 9-11 of plaintiffs' petition, which contained verbatim the correspondence between the DOTD and the Village of Bonita, the DOTD argued that the letters contained information inadmissible under 23 U.S.C. §409.
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