Opinion
2024 CW 0008
05-17-2024
LAWRENCE HUGHES AND DEIDRA HUGHES v. HENRY JENKINS, JR., REPLACEMENT PARTS INC., ZURICH AMERICAN INSURANCE CO., AND LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
In Re: Henry Jenkins, Jr,, Replacement Parts, Inc., and Zurich American Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 704108.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
STAY LIFTED; WRIT DENIED.
CHH
SMM
McClendon, J., concurs in part and dissents in part. I concur with lifting the stay, but would grant the writ. All motorists have a never-ceasing duty to maintain a sharp lookout and to see that which in the exercise of ordinary care should be seen. Theriot v. Bergeron, 2005-1225 (La.App. 1st Cir. 6/21/06), 939 So.2d 379, 383. Moreover, our courts have recognized that a professional truck driver is a superior actor in the eyes of the law and, as such, is held to a high standard of care. Id. However, the driver of a motor vehicle also has a duty to comply with any lawful order or directive of any police officer with the authority to direct, control, or regulate traffic. Id.; La. R.S. 32:56(A). Where the evidence shows that a defendant driver moved forward in compliance with the directions of a traffic officer at a slow speed and in a careful and prudent manner, the driver cannot be charged with negligence. Theriot, 939 So.2d at 383-84. I find the defendants, Henry Jenkins, Jr., Replacement Parts, Inc., and Zurich Timerican Insurance Company (collectively "Jenkins defendants"), set forth sufficient evidence to show that Henry Jenkins, Jr. proceeded through the intersection where plaintiff, Lawrence Hughes, was working in a utility bucket, pursuant to the directive of Trooper Austin Douglas, and Jenkins did so at a slow speed and in a careful and prudent manner. I further find the plaintiffs failed to provide sufficient evidence to demonstrate a genuine issue of material fact regarding Jenkins' failure to proceed through the intersection, as directed by Trooper Douglas, in a safe and prudent manner. Accordingly, I would grant the motion for summary judgment filed by the Jenkins defendants and dismiss the plaintiffs' claims against them.