1900 PARTNERSHIP v. Bubber, Inc.

662 So. 2d 808, 1995 WL 637876
CourtLouisiana Court of Appeal
DecidedNovember 1, 1995
Docket27475-CA
StatusPublished
Cited by10 cases

This text of 662 So. 2d 808 (1900 PARTNERSHIP v. Bubber, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
1900 PARTNERSHIP v. Bubber, Inc., 662 So. 2d 808, 1995 WL 637876 (La. Ct. App. 1995).

Opinion

662 So.2d 808 (1995)

1900 PARTNERSHIP, et al, Plaintiffs-Appellees,
v.
BUBBER, INC., Grady Wilson and Grady W. "Bubber" Brown, Sr., Defendants-Appellants.

No. 27475-CA.

Court of Appeal of Louisiana, Second Circuit.

November 1, 1995.
Rehearing Denied November 30, 1995.

*810 Davenport, Files & Kelly by William G. Kelly, Jr., Monroe, for appellants.

Leo A. Miller, Jr., Monroe, for appellees.

Before STEWART, J., and CLARK and SAVOIE, JJ. Pro Tem.

SAVOIE, Judge Pro Tem.

The defendants, Bubber Inc., Grady W. "Bubber" Brown, Sr., Grady Wilson, Panola Farming Partnership, 3-G Partnership, Gamma J.L. Corporation, Gamma G.W. Corporation, Gamma D.B. Corporation, Gamma W.B. Corporation, Gamma H.B. Corporation, West Panola Corporation, and G.W.B. Corporation, appeal from a trial court judgment in favor of the plaintiffs, 1900 Partnership and Robbie Howard, for damage to approximately 900 acres of cotton in East Carroll Parish. The crop damage resulted from the spraying of a herbicide known as "STAM" on the defendants' adjoining rice field which drifted onto the plaintiff's crop. For the following reasons, we affirm in part and reverse in part the trial court judgment.

FACTS AND PROCEDURAL HISTORY

1900 Partnership, a juridical entity composed of several corporations and partnerships, leased several hundred acres upon which cotton was planted. This farming operation was managed by Robbie Howard, a shareholder in some of the corporations forming the partnership.

Bubber, Inc. is owned by Grady W. "Bubber" Brown, Sr. Mr. Brown managed an assortment of corporations and partnerships which farmed property to the south of the 1900 Partnership property. Grady Wilson is employed as an agricultural pilot for Bubber, Inc. The plaintiffs contend that during the week of May 21-28, 1989, Wilson applied chemicals to the rice crop managed by Brown and the chemicals drifted onto the newly developing cotton crop of 1900 Partnership. The plaintiffs contend that 850 acres of cotton were damaged to the extent that the crop yield was reduced and 80 acres of cotton were totally destroyed. The plaintiffs also assert that Robbie Howard, the farm manager, suffered mental anguish due to the damage to and loss of the cotton crop and that he had to work many hours of uncompensated overtime in order to mitigate the damages.

The defendants filed a third party demand against Howard Aviation, alleging that a pilot with that company was also applying chemicals near the plaintiffs' cotton crop during the same time as Wilson and that if any damage occurred to the cotton crop, it could be partially attributable to the actions of Howard Aviation. The defendants also allege that the plaintiffs failed to minimize their damages in one particular field by failing to replant with cotton or some other crop such as soybeans.

The trial court rejected the defendants' third party demand against Howard Aviation and rejected the demand of Robbie Howard for extra hours worked to mitigate damages.

The court found that the actions of the defendants did result in damage to the plaintiffs. On May 19, 1994, judgment was rendered in favor of the 1900 Partnership and Robbie Howard, against all defendants in solido. 1900 Partnership was awarded the sum of $33,923.11, subject to a credit to the defendants of $4,200 for aiding in the harvest of the cotton crop and for installation of a culvert. Robbie Howard was awarded the sum of $5,000 for mental anguish. Expert witness fees were also awarded.

The plaintiffs filed a motion for partial new trial. They argued that the trial court incorrectly assigned percentages of damages to *811 certain fields on the property and found that other fields did not suffer any permanent damage. The plaintiffs then amended their motion for new trial, asserting that they had found a new expert that could substantiate their claim that some of the crop at a particular stage of development was, in fact, damaged by the spraying and did not recover as found by the trial court in reasons for judgment. The motion for new trial was denied by the trial court on August 3, 1994. The defendants then appealed suspensively from the trial court judgment and the plaintiffs answered the appeal.

The defendants state in brief that, even though they continue to feel that there was no loss caused to the plaintiff's cotton, they concede that consideration of the jurisprudence leads to the conclusion that the trial court was within its discretion and authority in reaching its finding that damage did occur. However, the defendants argue that the amount of damages awarded should be adjusted on appeal.

MENTAL ANGUISH

The defendants contend that no damages should have been awarded to the farm manager, Robbie Howard, for mental anguish. The defendants assert that the crop damage was sustained by 1900 Partnership, a separate juridical entity, and that Howard has no standing to claim mental anguish for damage to the partnership property. This argument has merit.

A partnership is a juridical person, distinct from its partners. LSA-C.C. Art. 2801. The proper party to assert the rights of a partnership is the partnership itself. Peck & Vantine v. Hebert, 589 So.2d 57 (La.App. 1st Cir.1991). In this case, the 1900 Partnership was composed of several corporations. Mr. Howard was a shareholder in some of the corporations forming the 1900 Partnership. It is well settled that the shareholders of a corporation do not have standing to sue for mental anguish and attendant damages for wrongful acts committed against the corporation. L & L Industries v. Progressive National Bank, 535 So.2d 1156 (La.App.2d Cir.1988); Bolanos v. Madary, 609 So.2d 972 (La.App. 4th Cir. 1992). The plaintiffs' suit is based upon damage to a cotton crop owned by a partnership. The partnership is the proper party to assert any claim for damages to partnership property, not Mr. Howard. Further, as a shareholder in some of the corporations forming the partnership, Mr. Howard is yet another step removed from standing to assert a claim for mental anguish. Therefore, the defendants are correct in arguing that Mr. Howard has no standing to assert an individual claim for mental anguish arising from damage to the partnership's crop.

However, even if standing was proper in this case, Mr. Howard would still not be entitled to recover for mental anguish under the facts presented here. Mr. Howard asserted that he had to work many extra hours in order to salvage the damaged cotton crop and that he experienced worry and stress regarding the possible loss of the crop. While rejecting Mr. Howard's argument that he should be compensated for extra effort expended in salvaging the damaged cotton crop, the trial court found that Mr. Howard was entitled to recover for mental anguish. The trial court noted that the jurisprudence holds that such a claim is not compensable. The trial court expressed disagreement with this jurisprudential rule, and made an award of damages to Mr. Howard for mental anguish. In so doing, the trial court erred.

An award for mental anguish allegedly resulting from property damage is permissible only when the property is damaged by (1) an intentional or illegal act; (2) by an act for which the tortfeasor will be strictly or absolutely liable; (3) by acts constituting nuisance; or (4) when the owner is present or nearby and suffers psychic trauma as a result. Freyou v. Iberia Parish School Board, 94-1371 (La.App. 3d Cir. 5/3/95), 657 So.2d 161; Blache v. Jones, 521 So.2d 530 (La.App. 4th Cir.1988).

Mr.

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Bluebook (online)
662 So. 2d 808, 1995 WL 637876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/1900-partnership-v-bubber-inc-lactapp-1995.