Anderson v. Fowler Trucking, Inc.

506 So. 2d 1319, 1987 La. App. LEXIS 9419
CourtLouisiana Court of Appeal
DecidedMay 6, 1987
Docket18660-CA
StatusPublished
Cited by5 cases

This text of 506 So. 2d 1319 (Anderson v. Fowler Trucking, 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
Anderson v. Fowler Trucking, Inc., 506 So. 2d 1319, 1987 La. App. LEXIS 9419 (La. Ct. App. 1987).

Opinion

506 So.2d 1319 (1987)

James Neil ANDERSON, Plaintiff-Appellant,
v.
FOWLER TRUCKING, INC., et al., Defendants-Appellees.

No. 18660-CA.

Court of Appeal of Louisiana, Second Circuit.

May 6, 1987.

*1320 Hargrove, Guyton, Ramey & Barlow by Joseph L. Shea, Jr. and Clair F. White, Shreveport, for plaintiff-appellant.

Mayer, Smith & Roberts by Caldwell Roberts and John C. Turnage, Shreveport, for defendants-appellees Fowler Trucking, Inc., USF & G, Billy Ray Hall and Anthony Hill.

Lunn, Irion, Johnson, Salley & Carlisle by Ronald E. Raney, Shreveport, for intervenor Aetna Cas. & Sur. Co.

Before MARVIN, SEXTON and LINDSAY, JJ.

LINDSAY, Judge.

The plaintiff, James Neil Anderson, filed suit against the defendants, Fowler Trucking, Inc., its employees Billy Ray Hall and Anthony Hill, and its insurer, United States Fidelity and Guaranty Company, for personal injuries received in an oil rig accident. The case was tried by jury and the jury found that the defendants were not at fault in causing the accident. From that jury verdict, the plaintiff has appealed and the intervernor, Aetna Casualty and Surety Co., has answered the appeal. For the following reasons, we affirm the trial court judgment.

FACTS

The plaintiff was employed as a driller by Sawyer Drilling Company. In his petition, the plaintiff alleges that on April 7, 1982, in the course and scope of his employment with Sawyer, he was engaged in the process of "rigging up" an oil drilling rig. This operation involved the installation of top and bottom "dog houses" on the rig. The "dog houses" are metal buildings weighing from 15,000 to 25,000 pounds and are used for shelter and for storing equipment. The bottom "dog house" had been successfully installed and the top "dog house" was being lifted into place by means of a truck and winch known as a gin pole truck. This truck was owned by Fowler Trucking and was operated by Billy Ray Hall, an employee of Fowler. Anthony Hill, also an employee of Fowler, was working as the swamper and was standing outside the truck relaying instructions to the driver. The "dog house" was to be placed on angle irons. The plaintiff alleged that the "dog house" was not fitting onto the rig correctly and he was attempting to move it into place by use of a pry bar. Plaintiff alleged he told the Fowler employees to "get a bind on it," meaning to lift up on the "dog house." Plaintiff alleged that while he was using the pry bar, the truck lowered the "dog house," causing the plaintiff's right foot to be crushed between the pry bar and the substructure of the rig. Plaintiff suffered nondisplaced fractures of three bones on the top of his right foot and eventually underwent surgery to alleviate pressure on nerves in the foot brought on by excess swelling following the injury. The plaintiff alleged that the accident was caused by the negligence of Fowler Trucking and its employees and claimed entitlement to $751,429.65 in damages.

Aetna Casualty & Surety Company, the worker's compensation insurer of Sawyer Drilling, filed a petition of intervention to recover worker's compensation benefits and medical benefits paid to the plaintiff.

The defendants answered plaintiff's petition with a general denial and then amended the answers to assert that Billy Ray Hall and Anthony Hill were the statutory employees of Sawyer Drilling and that the defendants were therefore immune from tort liability. The trial court granted a directed verdict in favor of the plaintiff and against the defendant on the issue of statutory employee status, finding that the defendants were not the statutory employees of Sawyer Drilling.

The case was tried before a jury. The hospital records and medical bills of the plaintiff were admitted pursuant to a joint stipulation. The parties also stipulated the amount of worker's compensation benefits paid by Aetna to the plaintiff to be $69,615.76.

The jury found in favor of the defendants and against the plaintiff on the issue of negligence. The jury found that the defendants were not at fault in causing the accident.

*1321 The plaintiff filed a motion for a judgment notwithstanding the verdict or for a new trial, claiming the evidence clearly showed that the defendants were negligent and that the jury verdict was contrary to the law and evidence. The trial court denied plaintiff's motion.

The plaintiff filed a devolutive appeal, asserting that the jury verdict was contrary to the law and evidence. The plaintiff also contends that the trial court erred in excluding jury instructions regarding concurrent cause and erred in failing to advise the jury of its ruling which overruled a motion for directed verdict in which the defendant's statutory employee defense was denied. The plaintiff further asserts that the trial court erred in including erroneous or invalid instructions regarding an employer's duty to provide a safe work place for its employees. The intervenor, Aetna Casualty & Surety Company, answered the appeal asserting that if a judgment is ultimately rendered in favor of the plaintiff, the intervenor is entitled to recover for amounts paid to plaintiff in worker's compensation benefits and medical expenses.

We affirm the jury verdict finding that the defendants were not at fault in causing the plaintiff's injury. For the reasons set forth below, we do not consider plaintiff's allegations that the trial court erred in excluding certain jury instructions suggested by the plaintiff and erred in including certain instructions suggested by the defendant.

JURY VERDICT

The plaintiff argues that the jury's finding that neither Fowler Trucking nor its employees were at fault in causing this accident is clearly wrong and manifestly erroneous. For the following reasons, we find the plaintiff's argument to be meritless.

Numerous interrogatories were propounded to the jury to enable them to arrive at a verdict. The first interrogatory asked, "Was Fowler Trucking Company or any of its employees at fault." The interrogatory then indicated that if the jury responded negatively to the interrogatory, there was no need to answer the remaining interrogatories. The jury voted nine to three that neither Fowler nor any of its employees were at fault in causing the accident.

The finding of fact by a jury should be upheld unless it is shown to be clearly wrong or manifestly erroneous. Watson v. State Farm Fire and Casualty Insurance Company, 469 So.2d 967 (La.1985); Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978), on remand 370 So.2d 1262, writ denied 374 So.2d 660 (La.1979); Canter v. Koehring Company, 283 So.2d 716 (La. 1973). After reviewing the entire record in this case, we find that the factual determination by the jury that neither Fowler nor its employees were at fault in causing the accident is correct.

The plaintiff argued at trial that the accident was caused by the negligence of the swamper, Anthony Hill, in signaling the truck driver to lower the "dog house" without having good reason for doing so, and by the negligence of Fowler Trucking Company in sending Hill out to do the swamper's job without proper supervision and with no instructions or training as to how to accomplish the job. The evidence presented in this case does not support the plaintiff's contentions that Fowler or its employees were at fault.

In support of his contentions, the plaintiff related to the jury his version of how the accident occurred. The plaintiff testified that he asked the swamper to get a bind on the "dog house" and that the swamper said he did have a bind on it.

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Bluebook (online)
506 So. 2d 1319, 1987 La. App. LEXIS 9419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-fowler-trucking-inc-lactapp-1987.