Bell v. Whitten

722 So. 2d 1057, 1998 WL 781864
CourtLouisiana Court of Appeal
DecidedNovember 6, 1998
Docket97 CA 2359
StatusPublished
Cited by5 cases

This text of 722 So. 2d 1057 (Bell v. Whitten) 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
Bell v. Whitten, 722 So. 2d 1057, 1998 WL 781864 (La. Ct. App. 1998).

Opinion

722 So.2d 1057 (1998)

Chris BELL
v.
Janet WHITTEN, Peter Brown, Peter Brown, Jr. and XYZ Insurance Company (State Farm).

No. 97 CA 2359.

Court of Appeal of Louisiana, First Circuit.

November 6, 1998.

*1059 Charles N. Branton, Slidell, for plaintiff/appellant Chris Bell.

William H. Voigt, New Orleans, for defendants/appellees Janet Whitten and State Farm Fire And Casualty Company.

Before SHORTESS, C.J., and CARTER and WHIPPLE, JJ.

WHIPPLE, Judge.

This is an appeal by plaintiff from a judgment in conformity with the jury's verdict, in which plaintiff was awarded damages against one defendant, but plaintiff's claims against the remaining defendants were dismissed. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

In late December of 1992, Janice Whitten and her husband had to leave Louisiana to attend a family funeral in Alabama. Ms. Whitten's seventeen-year-old son, James Stowe, III, was living with her at the time and was employed at Schwegmann's Supermarket. Because he was scheduled to work that week, Ms. Whitten decided to leave him home alone for the first time.

On the evening of December 26, 1992, while the Whittens were out of town, James had someone purchase Budweiser beer and Cisco for him at the end of his work shift at Schwegmann's. James then invited several teenagers to his mother's house, including Peter Brown, Jr. ("Peter"), whom James did not know very well.

A group of approximately seven teenagers arrived at James' house at approximately 11:45 p.m. or midnight. Upon arriving at home, James placed the Budweiser beer and the Cisco in the refrigerator in the garage and told the others, "[i]f you want one, it's in the refrigerator." The minors then drank alcohol and listened to music at James' house.

At some point that night, Peter became argumentative and got into an argument with a boy named Jonathon, which resulted in "a punch [being] thrown." James told Peter to "step outside" because he did not want Peter fighting in the house. Peter, Jonathon and Peter's friend, Jamie Taylor, all went outside.

At about that time, the Whittens' next door neighbor, Edward Buelle, Jr., noticed kids out in the yard. Buelle went out into the yard to investigate and noticed one boy on the median of the street who "was wanting to fight everybody." Knowing that the Whittens had left James home alone, Buelle told his wife to call the police. Buelle remained outdoors until the police arrived, and when the police unit turned down the street, Peter and Jamie Taylor ran across a vacant lot to the next street.

The officers who first arrived on the scene were Lieutenants Donald Sharp and Nancy Dean of the St. Tammany Parish Sheriff's Office. They arrived at the Whitten residence at 2:47 a.m., at which time they were informed by Buelle that two young men who had been involved in an altercation had run over to the next street. Sharp and Dean proceeded to the next street where they encountered Peter and Jamie Taylor. When Lt. Sharp attempted to question Peter, Peter became very combative, and a struggle between the two ensued.

During that time, Deputy Chris Bell arrived at the scene. Deputy Bell observed the struggle between Lt. Sharp and Peter, and Bell went over to assist Sharp. Lt. Sharp was able to get Peter to the back of his unit, and he then told Peter to place his hands on the car. Deputy Bell offered to cuff Peter, so Lt. Sharp stepped back. At that point, Peter pushed off of the police unit with his feet and began kicking and screaming. Bell fell to the ground while holding Peter, and Bell heard a "snap." Because he was in great pain, Bell was unable to continue to assist Lt. Sharp in subduing Peter. Thus, he rolled out of the way so the other officers could handcuff Peter.

Eventually, Deputy Bell limped over to his unit and drove himself to the hospital. Bell sustained a fracture to the left ankle, which required surgery to close the fracture and set it with surgical screws and a plate. Bell later underwent a second surgery to have the plate and screws removed.

Bell filed suit against Peter; Peter's father, Peter Brown, Sr.; James' mother, Janice *1060 Whitten; and her homeowner's insurer, State Farm Fire and Casualty Insurance Company ("State Farm").[1] Preliminary judgments by default were taken against Peter Brown, Jr. and Peter Brown, Sr., and neither appeared at or participated in the trial.

Following trial, the jury returned a verdict, finding that James did not owe a duty to Deputy Bell under the facts of this case and that Peter Brown, Jr. was 100% at fault in causing the injuries to Deputy Bell. Judgment was rendered in accordance with the jury's verdict, in favor of Bell and against Peter Brown, Sr. in the amount of $82,565.95.[2] The judgment further provided that Bell's claims against Whitten and State Farm were dismissed with prejudice.

From this judgment, plaintiff appeals, averring that: (1) the jury was clearly wrong in finding that Janice Whitten and State Farm were not responsible for plaintiff's injuries; (2) the jury instructions were misleading and not in accordance with the law; (3) the jury clearly erred in not finding Janice Whitten responsible for the actions of her minor child in accordance with LSA-C.C. art. 2318; and (4) the trial court erred in denying plaintiff's motion in limine.

PLAINTIFF'S MOTION IN LIMINE

(Assignment of Error No. 4)

Plaintiff contends that the trial court erred in denying his motion in limine to exclude the psychiatric records of Peter Brown, Jr. Plaintiff's theory of liability as to Janice Whitten was that James' actions in supplying alcohol to Peter caused Peter to react as he did when approached by the police, thereby establishing fault on the part of James and, consequently, his mother. To rebut this evidence, defendants planned to introduce the psychiatric records of Peter, establishing that Peter was admitted by his father to Southeast Louisiana Hospital on the night of the incident, where he was diagnosed with "intermittent explosive disorder" and "conduct disorder, solitary aggressive."

Plaintiff filed a motion in limine, arguing that the evidence should be excluded under LSA-C.E. art. 404(A), which provides that evidence of a character trait is not admissible for the purpose of proving that the person acted in conformity with that trait on a particular occasion. The trial court ruled that it would allow the medical records, but excluded all portions of the records which referred to prior bad acts. At trial, the medical records were introduced, and plaintiff again objected on the basis that the evidence was prohibited by LSA-C.E. art. 404.

Code of Evidence article 404(A) provides, in pertinent part, as follows:

Evidence of a person's character or a trait of his character, such as a moral quality, is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion....

Because the view is that character evidence has only minimal value to prove conduct of a particular person on a particular occasion, and there are substantial risks in its use, this article greatly limits its admissibility for the purpose of proving actions in conformity therewith. Pugh, Force, Rault & Triche, Handbook on Louisiana Evidence Law, 305 (1998). However, the issue presented in this case is whether evidence of a psychiatric disorder or diagnosis of a psychiatric condition is included in the terms "character" or "trait of ... character" within the meaning of this article.

In State v. Eishtadt, 531 So.2d 1133, 1135 (La.App.

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Cite This Page — Counsel Stack

Bluebook (online)
722 So. 2d 1057, 1998 WL 781864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-whitten-lactapp-1998.