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Zapata v. Cormier6/27/2003
This is an action for wrongful death filed on behalf of the minor children of a bar patron who, after leaving the bar, was struck and killed by an automobile while crossing a highway to his vehicle. The trial court subsequently granted summary judgment in favor of the bar owner and his insurer. We affirm.
FACTS
On April 18, 1999, Lee Rodrigue ("Mr. Rodrigue"), accompanied by Dale J. Shadell ("Mr. Shadell"), and Mr. Shadell's girlfriend, Suzanne Barfield ("Ms. Barfield"), traveled to the beach at Fourchon, in southern Lafourche Parish. While at the beach, the trio drank beer and Mr. Shadell and Mr. Rodrigue also smoked marijuana.
At approximately seven o'clock that evening, the group decided to return home and headed north in Mr. Rodrigue's truck on La. Hwy. 1. Mr. Shadell indicated that he wanted to stop at the Dixie Inn, a bar/dancehall owned by Freddie Doucet ("Mr. Doucet"), and located on the west side of La. Hwy. 1, near the town of Golden Meadow, Louisiana. It was dark when the trio arrived at the Dixie Inn where a band was playing that evening. Vehicles lined both sides of La. Hwy. 1 adjacent to the dancehall. The group drove by the bar once, then turned around, and proceeded back south searching for a place to park. After turning around and proceeding north once again, the trio finally found a parking place along the right shoulder of La. Hwy. 1 almost directly across from the Dixie Inn.
After approximately one hour, Mr. Shadell, Mr. Rodrigue, and Ms. Barfield decided to leave. The trio exited the Dixie Inn and began walking towards Mr. Rodrigue's truck that was parallel parked along La. Hwy. 1 opposite the bar. Before he and Ms. Barfield crossed La. Hwy. 1, Mr. Rodrigue looked back and noticed that Mr. Shadell had stopped to talk to some friends on the front porch of the Dixie Inn. After Mr. Rodrigue and Ms. Barfeld made it safely across the highway to the shoulder, they heard a thump. When the pair looked back, they did not see Mr. Shadell. Moments later they learned that Mr. Shadell had been struck as he attempted to cross the highway by a northbound 1998 Mitsubishi Galant operated by Michael Cormier ("Mr. Cormier") and owned by his mother-in-law, Cora Peters.
An accident report prepared by Louisiana State Police revealed that when the vehicle operated by Mr. Cormier struck Mr. Shadell, he was thrown over the vehicle and came to rest in the northbound lane of the highway. Mr. Shadell was then run over by a northbound 1989 Ford Ranger pick-up truck that was traveling some distance behind the vehicle operated by Mr. Cormier. Mr. Shadell was pronounced dead at the scene.
Intoxilyzer breath tests performed on both drivers to detect the presence of alcohol proved negative; however, a blood alcohol test performed on the body of Mr. Shadell by the Louisiana State Police Crime Lab revealed a blood alcohol level of 0.32 grams percent, a level in excess of three times the legal limit. The accident report further indicated that at the time of the accident, Mr. Shadell was dressed in black denim jeans, a black t-shirt, a black bandanna, and brown boots.
ACTION OF THE TRIAL COURT
On December 1, 1999, Diane Zapata ("Ms. Zapata"), in her capacity as the natural tutrix of her minor children, Shelly Ann Shadell and Dale J. Shadell, Jr., filed on their behalf the instant suit for damages. Ms. Zapata named Mr. Cormier, the operator of the vehicle that struck Mr. Shadell; the insurer of the vehicle, Allstate Insurance Company ("Allstate"); Mr. Shadell's host driver, Mr. Rodrigue; Mr. Rodrigue's insurer, National Automotive Insurance Company ("National Automotive"); the owner of the Dixie Inn, Mr. Doucet; and Mr. Doucet
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