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Gravley v. State Farm Insurance Co.7/29/2003
REVERSED
In this wrongful death action, defendant, State of Louisiana, Department of Transportation and Development (DOTD), appeals a decision by the trial court that found it 50% liable for damages sustained in the automobile accident, which were set at $850,000. For reasons that follow, we reverse the finding that DOTD is liable for this accident.
The record shows that, on July 9, 1986, Carl Gravley was killed in an automobile accident on Louisiana Highway 45 when his vehicle failed to negotiate "Fleming's Curve," crossed the center line and collided with a vehicle traveling in the opposite direction driven by Gary Sheffler. At the time of the accident, Gravley was intoxicated, with a blood alcohol level of .24. Gravley's widow and two children filed this wrongful death action against the driver of the other vehicle, his insurance company and DOTD.
The litigation in this action was protracted and did not go to trial on the merits before the bench until February 20, 2002. It is important to note that on April 13, 1998, the trial court rendered a partial summary judgment which found that Fleming's Curve is unreasonably dangerous as a matter of law pursuant to Martin v. DOTD, 95-139 (La.App. 5 Cir.11/15/95), 665 So.2d 457, writ denied, 95-2983 (La. 12/14/95), 666 So.2d 657. However, in that same ruling, the trial court denied the motion for summary judgment on the issue of whether the curve was a cause-in-fact of the accident. Thus, the matter went to trial on causation and quantum, with DOTD as the only remaining defendant.
Post trial memoranda were filed and considered, and a judgment was rendered from the bench on April 22, 2002. The judgment was reduced to writing and signed on June 4, 2002. That judgment held in favor of plaintiffs, finding that liability should be split 50-50 between Gravley and DOTD. The judgment further awarded damages of $850,000, which were reduced to $425,000 because of the finding of 50% fault on the part of Gravley. DOTD appeals that judgment, arguing that the trial court erred in assessing fault on the part of DOTD, and in awarding excessive damages.
At trial Joan Gravley, the widow of Carl Gravley, testified that the couple had been married since 1970 and had two children, who were 12 and 13 at the time of the accident in 1986. Ms. Gravley described her husband as a "cool, calm kind of guy," who enjoyed spending his leisure time fishing. She also testified that Carl was very involved with his children and spent as much time with the family as his work permitted. Mr. Gravley was employed with F. W. Woolworth Company as a co-manager at the time of his death. He had been with the company for over fifteen years and worked long hours. He was the main breadwinner of the family, and was earning about $28,000 per year at the time of his death in 1986. She described the last day of her husband's life as a happy family day. She continued in her testimony, describing the emotional distress she experienced when she got the call from the hospital telling her of the accident, and during the aftermath of making funeral arrangements. She also described the adverse impact Carl's death had on the family in terms of emotional and financial tolls. She explained that, although Carl's drinking was a problem between the couple, their relationship was good overall.
On cross-examination, Mrs. Gravley testified that her husband often went fishing in Lafitte and was familiar with the roadway on which the accident occurred. Mrs. Gravley also testified that Mr. Gravley's drinking was a problem for them and that he had spent six weeks in F. Edward Hebert Hospital in treatment for alcoholism. The treatment worked for about one year, afte
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