Barbara v. Cronvich

379 So. 2d 867, 1980 La. App. LEXIS 4161
CourtLouisiana Court of Appeal
DecidedJanuary 10, 1980
DocketNo. 10803
StatusPublished
Cited by1 cases

This text of 379 So. 2d 867 (Barbara v. Cronvich) 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
Barbara v. Cronvich, 379 So. 2d 867, 1980 La. App. LEXIS 4161 (La. Ct. App. 1980).

Opinion

HOOD, Judge.

Gertrude Barbara, widow of the late Terrance B. McDermott, seeks to recover workmen’s compensation benefits alleged to be due as the result of the death of her husband. One of the defendants, Alwynn J. Cronvich, Sheriff of Jefferson Parish, filed a Motion for Summary Judgment, and in response to that motion a summary judgment was rendered by the trial court dismissing plaintiff’s suit insofar as it is directed against that defendant. Plaintiff appealed. We reverse and remand.

The issue presented is whether the trial court erred in refusing to permit plaintiff to file a supplemental and amended petition while a motion for summary judgment was pending.

Terrance P. McDermott died on December 15, 1977, while he was employed as a Deputy Sheriff for the Parish of Jefferson. His widow instituted this suit for workmen’s compensation benefits on November 28, 1978, alleging that her husband’s death occurred during the course of his employment. She named as one of the defendants Alwynn J. Cronvich, Sheriff of Jefferson Parish. Sheriff Cronvich filed a motion for summary judgment in January, 1979, and a supplement to that motion in March of that year. In his motion he alleged that plaintiff’s husband was a Deputy Sheriff at the time of the incident and death, and that under LSA-R.S. 23:1034 as deputy sheriff is not covered by the provisions of the workmen’s compensation law of the State of Louisiana.

The record contains a copy of a minute entry signed by a Deputy Clerk of the trial court, dated April 9, 1979, stating that the Motion for Summary Judgment was to be submitted on briefs by April 13. The minute entry reads: “Mot for Sum. Judg. to be submitted on briefs by Friday, Ap. 13, 1979.”

On April 12,1979, plaintiff filed a Second Supplemental and Amended Petition, in which she alleged, among other things, that LSA-R.S. 23:1034 is unconstitutional in that it deprives her of the equal protection of the laws, in violation of the equal protection guaranties contained in our Federal and State constitutions. The record indicates that this supplemental petition was presented to the court for an order permitting it to be filed, but that the trial judge declined to sign the order. Actually, the signature of the trial judge appears to have been affixed to the order authorizing the amended petition to be filed, but his signature there was lined out or partially obliterated and the following notation appears at the end of that pleading:

“4/12/79
Denied — filed after submission of case
Patrick E. Carr, Judge”

On April 19, plaintiff filed a “Memorandum in Opposition to Motion for Summary Judgment,” in which she stated that she had filed a supplemental petition on April 12 attacking the constitutionality of LSA-R.S. 23:1034. She submitted arguments in that memorandum or brief to support her allegations of unconstitutionality.

On April 20, 1979, the trial judge rendered and signed a summary judgment in favor of defendant Cronvich, and against plaintiff, dismissing plaintiff’s suit as to that defendant at her costs. On the same day he handed down written reasons for judgment. Plaintiff appealed from that summary judgment, and that appeal is before us now.

In his written reasons for judgment, the trial judge stated that there are no material issues of law or fact, that R.S. 23:1034 and the jurisprudence interpreting it establish that deputy sheriffs of the parishes around the state are not covered by the Louisiana Workmen’s Compensation Act, and that defendant Cronvich thus is entitled to a summary judgment dismissing the suit as to [869]*869him. The trial judge did not consider the constitutional question which was raised in the Supplemental and Amended Petition offered by plaintiff.

Plaintiff contends that the trial court erred in denying her the right to file her Supplemental and Amended Petition on April 12, 1979. She and defendant Cron-vich agree that the constitutional questions raised by plaintiff in her Second Supplemental and Amended Petition are not before us on this appeal. The sole issue presented is whether plaintiff should have been permitted to file the above supplemental and amended petition at the time and under the circumstances presented here.

LSA-R.S. 23:1315, relating to workmen’s compensation suits, contains the following provision:

“The court may in its discretion grant further time for filing the answer or hearing the petition and allow amendments of the petition and answer at any stage of the proceedings.” (Emphasis added).

LSA-R.S. 23:1317 states that “The court shall not be bound by technical rules of evidence or procedure other than .as herein provided . . . ”

In applying the above quoted provisions of the Workmen’s Compensation Act, our courts have held consistently that: (1) In compensation eases the court should not be bound by technical rules of procedure; and (2) amendments to pleadings should be liberally granted. Courts have stated in some instances that amendments to pleadings in compensation cases are permissible at any stage of the proceedings. James v. Acme Window Cleaners, 139 So.2d 586 (La.App. 4th Cir., 1962); Schiro v. Maryland Casualty Company, 193 So.2d 289 (La.App. 4th Cir., 1966); Tate v. Gullett Gin Company & Liberty Mutual Ins. Company, 86 So.2d 698 (La.App. 1st Cir., 1956); Brewton v. L. L. Brewton Lumber Co., Inc., 349 So.2d 1364 (La.App. 2nd Cir., 1977); Ryan v. Aetna Casualty and Surety Company, 161 So.2d 286 (La.App. 2nd Cir., 1964).

In James v. Acme Window Cleaners, supra, the plaintiff made an oral request for leave to amend his petition in a workmen’s compensation case while the suit was being tried on its merits. His request was denied by the trial court, and judgment was rendered about two months later. Three days after that judgment was rendered plaintiff presented to the court a formal supplemental and amended petition alleging additional injuries and causes of disability, but the trial court refused to allow the supplemental petition to be filed. On appeal, we reversed the decision of the trial court and remanded the case with instructions to permit the amendment requested by plaintiff. In so holding, we said:

“Without expressing any opinion on the merits of the controversy at this stage we are of the opinion that in the interest of justice the amendment should have been allowed when first requested during the trial. In compensation cases the paramount duty of the courts is to learn the true facts without too much regard for technical rules of evidence or procedure. Amendments to pleadings in compensation cases are permissible at any stage of the proceedings.” (Emphasis added).

In Schiro v. Maryland Casualty Company, supra, the plaintiff and defendant filed a joint petition for approval of a compromise settlement of a workmen’s compensation claim, but the trial judge rendered judgment rejecting the proposed compromise settlement. About ten months after that judgment was rendered, plaintiff submitted a supplemental and amended petition to the original joint compromise agreement, in which he asserted a cause of action against defendant.

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Bluebook (online)
379 So. 2d 867, 1980 La. App. LEXIS 4161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbara-v-cronvich-lactapp-1980.