Andrepont v. Naquin

345 So. 2d 1216
CourtLouisiana Court of Appeal
DecidedMay 9, 1977
Docket11254
StatusPublished
Cited by30 cases

This text of 345 So. 2d 1216 (Andrepont v. Naquin) 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
Andrepont v. Naquin, 345 So. 2d 1216 (La. Ct. App. 1977).

Opinion

345 So.2d 1216 (1977)

Duane ANDREPONT
v.
James NAQUIN et al.

No. 11254.

Court of Appeal of Louisiana, First Circuit.

May 9, 1977.

*1217 Max G. LaBranche, Baton Rouge, of counsel, for plaintiff appellant.

John S. White, Jr., Baton Rouge, of counsel, for defendants appellees.

*1218 Before LANDRY, EDWARDS and COLE, JJ.

COLE, Judge.

The plaintiff-appellant, Duane Andrepont, brought suit against the defendant-appellee, James Naquin, for a battery allegedly committed on April 12, 1974, at approximately 11:30 P.M., in which the plaintiff sustained personal injuries. The jury held for the plaintiff and against the defendant and awarded $600 in damages. The plaintiff appeals from this judgment claiming that the amount awarded was inadequate. The defendant answers the appeal disclaiming any liability to the plaintiff.

On the night of April 12, 1974, the plaintiff and several of his friends, all approximately seventeen to eighteen years old and high school seniors, went to an establishment called "The Fooseball Center" on Florida Boulevard in Baton Rouge. This commercial establishment was in the nature of a pool or game hall which served beer and catered to the young. Plaintiff and his friends were frequent customers at the establishment. The cause of the altercation giving rise to this suit was never understandably explained at trial. It appears from the record that the participants did not really know, nor can they coherently explain, the cause of the incident. Apparently, the fight was precipitated by a previous altercation the night before involving the defendant (and his friends) and a friend or acquaintance of the plaintiff (and his friends). In any event, on the night of the incident the plaintiff and his four companions were outside of The Fooseball Center when a car load of boys rode by shouting obscenities at the plaintiff's group and urging the plaintiff's group to follow the car to a fight. The plaintiff and several companions got into a car and commenced a high speed pursuit of the vehicle. The lead vehicle was unable to maintain control in a curve and flipped over in a ditch. The car in which the plaintiff was riding stopped at the scene and a short fight ensued. After the plaintiff's group had evidently gotten the best of the battle, the group from the disabled vehicle told the plaintiff's group that if they wanted to continue fighting they could go to Shamrock Acres Subdivision on the Comite River.

The plaintiff and his companions then drove to the designated location. On a deserted cul-de-sac surrounded by a mostly wooded area the plaintiff's group found a car in the middle of the neutral area in the circle with five or six youths standing beside the car. This group was obviously waiting for and anticipating the altercation that was to follow. Allies of the plaintiff's group began arriving in other cars shortly thereafter. Evidently words were exchanged (the nature of which one can only leave to conjecture) and a fight ensued.

The plaintiff claims that he saw someone of undetermined identity chasing and hitting a compatriot, one Woody Day, with a baseball bat and that he and others jumped on the back of the assailant causing him to drop the bat. After a scuffle, the plaintiff stood up and was met with a blow from the bat across his mouth. The plaintiff claims that he did not see who hit him. However, one of the plaintiff's friends who was close-by asserts that he looked as soon as he heard the blow and saw the defendant holding the bat.

The defendant denies that he struck the plaintiff in the mouth with a baseball bat. Instead, he claims to have been the one chasing and hitting Woody Day with the bat. Incidentally, Day suffered a fractured elbow from the blows delivered. The defendant pled guilty to criminal charges arising from the attack upon Woody Day.

This case was submitted to the jury on written interrogatories, together with appropriate forms for a general verdict. The only fact issues to be resolved by answers to the interrogatories, and which were presumably necessary to a verdict, were whether the defendant caused the injuries to the plaintiff in a fight with a baseball bat; whether the force used by the defendant was reasonably necessary to protect himself against threatened injury; and whether the plaintiff was a willing participant *1219 in a physical fight "involving a weapon which could cause injury." The fourth and last interrogatory called for a quantum determination which, under the format used, would have been tantamount to a verdict in favor of the plaintiff. The instructions were not to answer this last interrogatory if the jury answered "yes" to the preceding interrogatory concerning the plaintiff's willing participation.

The jury found that the defendant did cause the injuries to the plaintiff in a fight with a baseball bat; that the force used by the defendant was not reasonably necessary to protect himself against threatened injury; and that the plaintiff was a willing participant in a fight involving a weapon which could cause injury. Having found that the plaintiff was a willing participant, the jury, in accordance with the instructions on the interrogatory form, did not answer the fourth interrogatory establishing quantum. However, it returned a general verdict in favor of the plaintiff for the sum of $600.

The court, in its charge to the jury, included instructions on the affirmative defense of assumption of risk. The jury was explicitly told that it must determine whether the defendant proved that the plaintiff relieved the defendant of the responsibility for the harm caused to the plaintiff by assuming the risk of the harm suffered. In the main body of the charge, the court instructed: "If you find that plaintiff assumed the risk of harm that happened to him then you must render a verdict for the defendant." Later, the court summarized:

"* * * The plaintiff has the burden of proving all of the essential elements of his case by a preponderance of the evidence. He must demonstrate that the injury which he says he suffered was in fact caused by the conduct of the defendant; that the conduct of the defendant was below the standards which I have told you applied to the defendant's conduct; and that there was actual damage to the plaintiff's person or his property. If you're satisfied that the plaintiff has established these three elements and that the defendant has failed to establish that the plaintiff assumed the risk of injury then you should return a verdict for the plaintiff. If on the other hand, plaintiff has failed to establish these elements or if the defendant has proved that plaintiff did assume the risk of injury then you should return a verdict for the defendant. * * *" (Emphasis supplied)

LIABILITY

The factual dispute as to whether or not the defendant delivered the blow to the plaintiff can only be resolved on the basis of an evaluation of the credibility of the witnesses. After a review of the record, we do not find the jury's determination that the defendant struck the plaintiff to be manifestly erroneous. Canter v. Koehring Company, 283 So.2d 716 (La.1973). Nor does the record permit this Court to assess manifest error with respect to the jury's finding that the force used by the defendant was not reasonably necessary to protect himself against threatened injury.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Justin Irwin v. John Bradley Brent
Supreme Court of Louisiana, 2025
Guillot v. Guillot
161 So. 3d 841 (Louisiana Court of Appeal, 2014)
Wayne Guillot, Et Ux. v. Reece Guillot, Et Ux.
Louisiana Court of Appeal, 2014
Kennedy-Fagan v. Estate of Graves
993 So. 2d 255 (Louisiana Court of Appeal, 2008)
Cole v. Department of Public Safety
825 So. 2d 1134 (Supreme Court of Louisiana, 2002)
Landry v. Bellanger
813 So. 2d 598 (Louisiana Court of Appeal, 2002)
Robins v. Harris
740 N.E.2d 914 (Indiana Court of Appeals, 2000)
Fricke v. Owens-Corning Fiberglas Corp.
571 So. 2d 130 (Supreme Court of Louisiana, 1990)
Ricky Mark Graham v. David P. Davis
880 F.2d 1414 (D.C. Circuit, 1989)
Harris v. Doucette
539 So. 2d 997 (Louisiana Court of Appeal, 1989)
Richard v. Mangion
535 So. 2d 414 (Louisiana Court of Appeal, 1988)
Laughlin v. Breaux
515 So. 2d 480 (Louisiana Court of Appeal, 1987)
Harris v. Pineset
499 So. 2d 499 (Louisiana Court of Appeal, 1986)
Bourque v. Gulf Marine Transp., Inc.
480 So. 2d 337 (Louisiana Court of Appeal, 1985)
Turner v. Safeco Ins. Co. of America
472 So. 2d 43 (Louisiana Court of Appeal, 1985)
Rose v. State Farm Mut. Auto. Ins. Co.
468 So. 2d 833 (Louisiana Court of Appeal, 1985)
House v. Thompson
452 So. 2d 1195 (Louisiana Court of Appeal, 1984)
Garsee v. WESTERN CAS. & SUR. CO., INC.
437 So. 2d 933 (Louisiana Court of Appeal, 1983)
Downey v. Clark
426 So. 2d 331 (Louisiana Court of Appeal, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
345 So. 2d 1216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrepont-v-naquin-lactapp-1977.