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Woodbury v. Louisiana Dep't of Transportation and Development5/28/2003
mined that plaintiffs had failed to prove the existence of a phantom motorist which crossed the central line of travel and caused Mr. Villaverde to leave the roadway. This determination is supported by the record which contains conflicting testimony as to the presence of an oncoming vehicle at the time this accident occurred. The trial court apparently rejected Mr. Villaverde's testimony regarding a phantom vehicle. Thus, Mr. Villaverde is unable to rely on the argument that he was forced off of the roadway by an oncoming vehicle. Rather, the record supports the trial court's finding that Mr. Villaverde left the roadway due to his inattentiveness and inexperience, rather than based on the fault of a third party.
Although Mr. Villaverde's inexperience and inattentiveness set the accident in motion, the driver had no control over the resulting harm caused by the impact of the vehicle with the ditch and subsequently the utility pole. DOTD must therefore bear responsibility for the location of the obscured ditch in close proximity to the roadway and adjacent to the utility pole. Under the circumstances presented here, we find no manifest error in the trial court's apportionment of fault.
Conclusion
Accordingly, for the reasons assigned herein, the judgment of the trial court is affirmed. Each party is to bear its owns costs of these appeals.
AFFIRMED
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