Benoit v. Allstate Ins. Co.

773 So. 2d 702, 2000 La. LEXIS 3045, 2000 WL 1755118
CourtSupreme Court of Louisiana
DecidedNovember 28, 2000
Docket00-CC-0424
StatusPublished
Cited by36 cases

This text of 773 So. 2d 702 (Benoit v. Allstate Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benoit v. Allstate Ins. Co., 773 So. 2d 702, 2000 La. LEXIS 3045, 2000 WL 1755118 (La. 2000).

Opinion

773 So.2d 702 (2000)

David BENOIT
v.
ALLSTATE INSURANCE COMPANY.

No. 00-CC-0424.

Supreme Court of Louisiana.

November 28, 2000.
Rehearing Denied January 5, 2001.

*703 Paul Michael Donovan, Vance William Ott, Donovan & Lawler, Metairie, Counsel for Applicant.

Darryl Michael Breaux, Rene Brierre deLaup, New Orleans, Counsel for Respondent.

Marc Hale Conrad, New Orleans, Counsel for Amicus Curiae United Automobile Services Assn.

John J. Weigel, New Orleans, Counsel for Amicus Curiae Louisiana Association Defense Counsel.

LEMMON, Justice

La.Code Civ. Proc. art. 1732(1) specifies a minimum monetary threshold for the availability of a jury trial. Prior to 1989, the statutory standard for determining the monetary threshold for a jury trial was the "amount in dispute." La. Acts 1989, No. 107, changed the standard to the amount of at least one "individual petitioner's cause of action."[1] The present case, *704 which involves a personal injury claim by a single individual plaintiff against his own uninsured/underinsured motorist (UM) insurance carrier, raises the issue of whether the amount plaintiff received in settlement from another insurer must be taken into consideration in determining the amount of his "cause of action" against the lone defendant in this suit at the time the right to jury trial is litigated.

Facts

After plaintiff was seriously injured in a rear-end collision, the tortfeasor's liability insurer paid its $100,000 policy limits, and plaintiff executed a settlement releasing his claims against the tortfeasor and the tortfeasor's insurer. Thereafter, plaintiff commenced this action against his own UM insurer, Allstate Insurance Company, to collect Allstate's $10,000 policy limits. In its answer, Allstate requested a jury trial.

At a June 3, 1999 status conference, the trial court, sua sponte, struck the jury demand, stating:

The Court struck the defendant's jury demand because [the tortfeasor's insurer] has paid $100,000, and, thereafter, plaintiff has stipulated that his remaining demand is for the $10,000 uninsured/underinsured motorist limits afforded by the Allstate policy which, accordingly, deems the amount in dispute to be $10,000. (emphasis added).

The Court of Appeal for the Fifth Circuit denied defendant's application for supervisory writs, stating:

On the showing made we see no error in the trial court ruling striking the defendant's jury demand where defendant's liability is limited to the $10,000 limits of the policy and plaintiff is seeking no more than that. See Thibert v. Smith, 560 So.2d 553 (La.App. 1st Cir.1990); Deterville v. Impastato, 539 So.2d 1013 (La.App. 4th Cir.1989).

This court granted defendant's application for certiorari and remanded the case to the intermediate court for briefing, argument and opinion. 99-2665 (La.11/19/99), 749 So.2d 660.

On remand, the Fifth Circuit again affirmed the trial court's decision to strike the jury demand. In so doing, the Fifth Circuit declined to follow the Fourth Circuit's recent decision in Hurst v. Louitt, 99-1120 (La.App. 4th Cir.9/24/99), 745 So.2d 687, which held that the Legislature's selection of the phrase "petitioner's cause of action" was intended to mean "the total recovery the plaintiff expects to receive, including pre-trial settlements and tenders." The Fifth Circuit distinguished the present case factually from Hurst, noting that Hurst involved a suit originally filed against several defendants (some of whom settled prior to trial) asserting a claim in excess of $50,000, while the present case from the outset has been against only one defendant and has never involved a claim for over $50,000. An additional distinction was that the UM policy limits in Hurst were $100,000, while the plaintiff's recovery in the present case is limited to a fixed amount of the policy limits of $10,000. Finally, the Fifth Circuit opined that the two cases cited in its earlier writ denial were still "good law" and were not affected by the 1989 amendment to La.Code Civ. Proc. art. 1732(1). In effect, the Fifth Circuit held that amounts received by a petitioner in settlement are not considered in calculating whether at least one "individual petitioner's cause of action exceeds" the monetary threshold.

We granted defendant's application for certiorari to resolve this conflict between the Fourth and Fifth Circuits. 99-2559 *705 (La.1/7/00), 758 So.2d 143. See La. S.Ct.R. X § 1(a)(1).

Applicable Statutes

The statutory source of the right to a jury trial in civil cases is La.Code Civ. Proc. art. 1731 A, which provides:

Except as limited by Article 1732, the right of trial by jury is recognized.

La.Code Civ. Proc. art. 1732, as presently written, provides several limitations on the right to a jury trial, including a monetary limitation setting (in negative terms) the statutory minimum dollar amount, as follows:

A trial by jury shall not be available in:

(1) A suit where the amount of no individual petitioner's cause of action exceeds fifty thousand dollars exclusive of interest and costs.

The statutory language "must be interpreted as having the meaning that best conforms to the purpose of the law." La. Civ.Code art. 10. In determining the purpose for the Legislature's use of the phrase "individual petitioner's cause of action" in the present statutory standard, we analyze the various legislative amendments that have both increased the monetary threshold for jury trials and reworded the statutory standard.

History of Article 1732(1)

When the Code of Civil Procedure was adopted in 1960, La.Code Civ. Proc. art. 1733(1) (1963) denied a jury trial, based on a monetary threshold, in "[a] suit demanding less than one thousand dollars exclusive of interest and costs." By La. Acts 1983, No. 534, the Legislature made three changes: (1) the enumeration of cases in which a jury trial is unavailable was moved to Article 1732(1); (2) the statutory standard for determining the monetary threshold for a jury trial was changed from "suit demanding" to "amount in dispute is"; and (3) the monetary threshold was increased to $5,000.[2] Revision Comment (b) to the 1983 amendment, which was proposed by the Louisiana State Law Institute, stated:

This increase [in the monetary threshold] is appropriate in the light of the increasing cost of jury trials and is in keeping with the expanded jurisdiction of city courts and parish courts in which there is no right to a jury trial. See Arts. 4842, 4843, and 4871. In addition, the phrase "amount in dispute" is used to emphasize that it is the amount demanded in good faith by the plaintiff which shall determine whether there is a right to a trial by jury and not simply the amount of plaintiff's demand. See Arts. 4 and 4841 and cases decided thereunder.

This court discussed the 1983 amendment in Cambridge Corner Corp. v. Menard, 525 So.2d 527 (La.1988). In Cambridge Corner, the plaintiff filed suit for accelerated rent and other items totaling $10,074, plus attorney fees. At the time suit was filed, the monetary threshold for a jury trial was $10,000, and the defendant demanded a jury trial.

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Cite This Page — Counsel Stack

Bluebook (online)
773 So. 2d 702, 2000 La. LEXIS 3045, 2000 WL 1755118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benoit-v-allstate-ins-co-la-2000.