Boudreaux v. State, Department of Transportation

906 So. 2d 695, 2004 La.App. 1 Cir. 0985, 2005 La. App. LEXIS 1602
CourtLouisiana Court of Appeal
DecidedJune 10, 2005
DocketNo. 2004 CA 0985
StatusPublished
Cited by2 cases

This text of 906 So. 2d 695 (Boudreaux v. State, Department of Transportation) 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
Boudreaux v. State, Department of Transportation, 906 So. 2d 695, 2004 La.App. 1 Cir. 0985, 2005 La. App. LEXIS 1602 (La. Ct. App. 2005).

Opinion

LGUIDRY, J.

The State of Louisiana, through the Department of Transportation and Development (the State), appeals a damage award to members of a class who were victims of a devastating flood that occurred in April 1983. Considering the evidence presented, we amend the judgment, and as amended, affirm.

[699]*699FACTS AND PROCEDURAL HISTORY

On April 6-9,1983, floodwaters damaged several homes and businesses in Tangipa-hoa Parish. On April 6, 1984, Jean Bou-dreaux and “the victims of the flood on April 6, 1983” (“class plaintiffs”) filed a petition for damages against various defendants, including the State, wherein they alleged that the State designed and built the Interstate 12 bridge over the Tangipa-hoa River in such a negligent and improper manner that it disrupted the natural flood plain, causing the rising waters of the river to flood their homes and properties in April 1983. The parties agreed to a bifurcated trial, with the issue of liability being heard on April 26-28, 1999. A judgment on the issue of liability was rendered in favor of the class plaintiffs against the State, and the State appealed. This court affirmed the judgment, and a writ granted by the Louisiana Supreme Court was later dismissed, making that judgment final and conclusive as to the liability of the State. Boudreaux v. State, Department of Transportation and Development, 00-0060 (La.App. 1st Cir.2/16/01), 780 So.2d 1163, writ dismissed, 01-1329 (La.2/26/02), 815 So.2d 7.

In the meantime, the parties proceeded to trial on the issue of damages. The damages trial was held on several dates in the months of February, March, and April 2002, before a special master appointed by the trial court. On November 15, 2002, the special master issued a written report of his findings and recommendations, which were adopted by the trial court in a judgment rendered August 6, 2003. Both parties filed motions for new trial, and following a hearing Ron the motions, the trial court rendered a revised judgment on November 5, 2003. The State suspensively appeals the November 5, 2003 judgment, and the class plaintiffs have answered the appeal.

ASSIGNMENTS OF ERROR

The State contends that the following errors resulted in the trial court improperly awarding damages to the class plaintiffs:

ASSIGNMENT OF ERROR NUMBER 1.
The lower court erred in denying the State’s exception of prescription under La. R.S. 49:112.
ASSIGNMENT OF ERROR NUMBER 2.
The lower court erred in its calculations of the number of claimants in the class and the various parts of the class claim including arithmetic errors, errors of improperly including claims that should have been excluded (e.g., claimant born after flood) and duplicate claims.
ASSIGNMENT OF ERROR NUMBER 3.
The lower court erred in failing to require even minimal levels of competent evidence to support the claims.
ASSIGNMENT OF ERROR NUMBER 4.
The lower court erred in awarding damages to persons who have no legal right of recovery.
ASSIGNMENT OF ERROR NUMBER 5.
The lower court erred in awarding certain damages for loss of homes and personal property.
ASSIGNMENT OF ERROR NUMBER 6.
The lower court erred in awarding certain damages for loss of income.
ASSIGNMENT OF ERROR NUMBER 7.
The lower court erred in awarding damages for diminution of value of the real estate despite the stipulation of counsel and the evidence.
[700]*700 \ ASSIGNMENT OF ERROR NUMBER 8.
The lower court erred in awarding damages for mental anguish, in fixing the quantum of such awards, in not requiring adequate proof, in awarding damages to persons who made no claims, and in awarding damages to persons who legally have no claims.
ASSIGNMENT OF ERROR NUMBER 9.
The lower court awarded damages for certain business losses that were not supported by the record and are contrary to law.

The class plaintiffs answered the appeal seeking an increase in the awards for mental anguish and lost wages.

DISCUSSION

In its first assignment of error, the State contends that the trial court erred in denying the peremptory exception raising the objection of prescription pursuant to La. R.S. 49:112. That statute provides:

No claim or debt against the state shall be allowed by the state auditor or paid by the state treasurer after the lapse of ten years from the happening of the event or of the facts upon which any suit is founded or judgment rendered or of the execution of the contract under which the claim is made. No interruption or suspension whatsoever of this prescription shall be allowed. The provisions of this Section shall not apply to the claims, or the judgment rendered thereon, listed in Section 2 of Act No. 110 of 1946.

The trial court overruled the exception, finding that pursuant to La. R.S. 13:5108, the State was not entitled to file a plea of prescription or preemption barring the suit if the claim was filed within the time fixed by law for such suits against private persons. See Tenorio v. Automotive Casualty Insurance, 04-0393 (La.App. 4th Cir.1/5/05), 893 So.2d 115.

A plain reading of the statute in question reveals that it is not directed at the authority of a court to hear and decide an action filed against the State; rather, the statute is clearly directed to the state auditor and state treasurer, expressly proscribing their authority to allow or pay a claim or debt against the State “after the lapse of ten years from the happening of the event or of the facts upon which | Bany suit is founded or judgment rendered ... under which the claim is made.” See Church Point Wholesale Beverage Co., Inc. v. Tarver, 614 So.2d 697, 707 n. 20 (La.1993). In so observing, we find no error in the trial court’s decision to overrule the exception.

In assignments of error numbers two, three, and four, the State again raises arguments that it urged in a motion to compel filed with this court.1 In both instances, the State contends that the special [701]*701master failed to examine and evaluate each individual claim form, and based on this failure, awarded damages to individuals who submitted invalid, incomplete, or multiple claim forms, or who did not request the specified relief granted, such as for mental anguish. Although we find merit in the State’s contention that the trial court erred in the calculation of the total number of individual claimants in the class, based on the Damages Procedure Order agreed to by the parties, we find no error in the special master’s failure to examine and evaluate each of the individual claim forms.

By the plain wording of the Damages Procedure Order, the necessity of the special master to personally examine and evaluate each individual claim form was eliminated.

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Related

Lemoine v. Mike Munna, L.L.C.
148 So. 3d 205 (Louisiana Court of Appeal, 2014)
Boudreaux v. STATE, DEPT. OF TRAN. AND DEV.
906 So. 2d 695 (Louisiana Court of Appeal, 2005)

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906 So. 2d 695, 2004 La.App. 1 Cir. 0985, 2005 La. App. LEXIS 1602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boudreaux-v-state-department-of-transportation-lactapp-2005.