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Long v. State6/29/2005
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In addition, the DOTD filed a motion for summary judgment, arguing that the DOTD was not liable for injuries occurring at the Harp Street crossing. Furthermore, the DOTD argued that the Harp Street crossing is not a part of the state highway system and that it is precluded from performing maintenance on "off-system" roadways pursuant to La. R.S. 48:757.
In support of these positions, the DOTD submitted affidavits from Steven Cumbaa, the DOTD's Construction Services Engineer. Mr. Cumbaa averred that the Harp Street crossing was not part of the state highway system and is neither owned nor under the care, custody or control of the DOTD. Also attached to the motion for summary judgment was an affidavit of William Shrewsberry, the DOTD's administrator of the Federal Railroad Safety Program. Mr. Shrewsberry attested that the only reason the DOTD "would [have] compiled information about the crossing was to comply with the FRSP as set forth under 23 U.S.C. § 130," and that the information was protected from discovery or admission into evidence pursuant to 23 U.S.C. § 409. Finally, the DOTD maintained that it could not "be held liable for plaintiff's injuries because of its participation in the Federal Railroad Safety Program," citing to this court's decision in Reichert v. State, Dept. of Trans. and Dev., 96-1419, p.7 (La. 5/20/97), 694 So.2d 193, 199.
Action on the DOTD's Motion for Summary Judgment
After a hearing on the various motions, the trial court granted the DOTD's motion to strike together with the motion for summary judgment. Consequently, the DOTD's exception of no cause of action was rendered moot. Plaintiffs appealed the trial court's decision. The Court of Appeal, Second Circuit, reversed the trial court's ruling which struck Letters 2 and 3, from the petition. The appellate court also reversed the trial court's granting of summary judgment in favor of the DOTD. This court denied a writ on the summary judgment issue, and the United States Supreme Court denied certiorari.
Trial Proceedings
Since summary judgment was denied, the DOTD filed an answer to the petition on July 16, 2002, denying its allegations. Again, the DOTD specifically denied paragraphs 9-11, stating that the information presented by the plaintiffs in its allegations is protected and inadmissible pursuant to 23 U.S.C. § 409.
The case proceeded to a trial by jury. The jury found the DOTD, Mrs. Long, Village of Bonita and Union Pacific Railroad at fault. The jury allocated fault as follows: the DOTD - 60%; Betty Long - 20%; the Village of Bonita - 10% and Union Pacific Railroad - 10%. After the verdict was rendered, the trial judge entered judgment in favor of plaintiffs and against the DOTD. The trial judge revised the jury's award to conform with the statutory damages cap of $500,000 and the 40% comparative fault assessment. The trial court awarded damages in the following amounts: $131,578.75 for Mrs. Long's pain and suffering before death; $232,952 for Mrs. Long's lost wages; and $210,523.75 to James Long and $78,948.75 to each of the Longs' children for Mrs. Longs' wrongful death.
The DOTD appealed the verdict to the Court of Appeal, Second Circuit, which affirmed the judgment. This Court granted the DOTD's writ application to review the propriety of the lower court's rulings.
HISTORY OF FEDERAL LAWS AND REGULATIONS
Before addressing the merits of the case, it is necessary to provide a historical narrative of several of the federal programs and statutes, all of which will provide a foundation for our analysis of the issues raised by the parties. The relevant statutes and programs consist of the Federal Highway Safet
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