Bourque v. Bailey

643 So. 2d 236, 1994 WL 513269
CourtLouisiana Court of Appeal
DecidedSeptember 21, 1994
Docket93-1657
StatusPublished
Cited by12 cases

This text of 643 So. 2d 236 (Bourque v. Bailey) 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
Bourque v. Bailey, 643 So. 2d 236, 1994 WL 513269 (La. Ct. App. 1994).

Opinion

643 So.2d 236 (1994)

Sheryl BOURQUE, et al., Plaintiffs-Appellants,
v.
Michael BAILEY, et al., Defendants-Appellees.

No. 93-1657.

Court of Appeal of Louisiana, Third Circuit.

September 21, 1994.

Andre F. Toce, Lafayette, for Sheryl Bourque Etc.

M. Candice Hattan, Lafayette, for Michael Bailey et al.

Dennis Ray Stevens, New Iberia, for Tops Landing, Inc.

Leon Elzear Roy, III, New Iberia, for State Farm Ins.

James Buckner Doyle, Lake Charles, for Food & Fun, Etc.

Matthew Joseph Hill, Jr., Lafayette, for Scott Lopez Etc.

*237 Before KNOLL, THIBODEAUX and SAUNDERS, JJ.

SAUNDERS, Judge.

Plaintiffs appeal a summary judgment absolving defendants, a bar owner, a store proprietor and a minor, of exemplary damages under LSA-C.C. art. 2315.4 for their alleged fault in providing alcoholic beverages to a minor whose subsequent driving under the influence resulted in an accident. None of these parties were driving at the time of the accident. Additionally, they appeal the trial judge's conclusion that the defendants could not be held responsible in solido for the penal sums. We affirm these conclusions.

FACTS

Late Friday night, July 19, 1991, the 1988 Ford Aerostar van driven by Sheryl Bourque and occupied by Ms. Bourque's daughters, Shanda and Nicole, was rear-ended by a 1989 Dodge Dynasty automobile driven by minor John D. Edwards, Jr., and owned by his stepfather, Michael Bailey.

The Bourques' lawsuit claims that exemplary damages are warranted against those connected with the provision of alcohol to the minor John Edwards, including another minor, Scott Lopez, who purchased beer for Edwards; the store that sold Scott Lopez the beer; and the owner of Top's Landing, a bar alleged to have also sold alcohol to Edwards through an unnamed third party of legal age.[1]

At issue in this appeal is plaintiffs' prayer for exemplary or punitive damages against all of the non-driving defendants based upon LSA-C.C. art. 2315.4. An additional issue concerns whether the non-driving defendants, in the event they are held liable for general damages, may be cast in solido with the minor for any exemplary or punitive damages that may be assessed against him.

The trial court held in favor of the defendants on both questions, granting their Motions for Summary Judgment.

STANDARD OF REVIEW

"The analytical process properly used to consider whether to grant a summary judgment is outlined in Sanders v. Hercules Sheet Metal, Inc., 385 So.2d 772, 775 (La.1980). On a motion for summary judgment, the court first must determine whether the supporting documents presented by the moving party are filed in compliance with the Code of Civil Procedure and are sufficient to resolve all material fact issues in favor of the mover. The pleadings, affidavits, and documents of the mover must be scrutinized closely, while those of the opponent to the motion are to be indulgently treated. Indus. Sand and Abrasives v. L. & N.R. Co., 427 So.2d 1152, 1153 (La.1983); Vermilion Corp. v. Vaughn, 397 So.2d 490 (La.1981). If they are not sufficient from either an evidentiary or substantive legal standpoint, summary judgment must be denied. Only if they are sufficient does the burden shift to the opposing party, who may no longer rest on the allegations and denials contained in his pleadings, to present evidence showing that material facts are still at issue. In deciding whether all material issues have in fact been disposed of, any doubt is to be resolved against the granting of summary judgment and in favor of trial on the merits. LSA-CCP arts. 966-967. South Louisiana Bank v. Williams, 591 So.2d 375, 377 (La.App. 3d Cir.1991), writ denied, 596 So.2d 211 (La.1992); Evangeline Farmers Co-op v. Fontenot, 565 So.2d 1040, 1044-1045 (La.App. 3d Cir. 1990)."

Hopkins v. Sovereign Fire & Cas. Ins., 626 So.2d 880, 884 (La.App. 3d Cir.1993), writs denied, 634 So.2d. 390, 402 (La.1994).

EXEMPLARY DAMAGES AS TO NON-DRIVER DEFENDANTS

Plaintiffs maintain that LSA-C.C. art. 2315.4 permits exemplary damages against *238 any party that contributes to a negligent driver's intoxication. That provision, with plaintiffs' emphasis, states as follows:

In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.

Plaintiffs maintain that the emphasized language permits them to obtain exemplary damages from any defendant, including one not operating a vehicle at the time of the accident, provided they are able to carry the requisite burden of proof. Defendants on the other hand maintain that the provision limits recovery of exemplary damages to the defendant "whose intoxication while operating a motor vehicle was a cause-in-fact of the resulting injuries." They argue that LSA-C.C. art. 2315.4 limits punitive damages to the one who actually operates the motor vehicle while intoxicated.

When the wording of a Section is clear and free of ambiguity, the letter of it shall not be disregarded under the pretext of pursuing its spirit. LSA-R.S. 1:4. On the other hand, when a statute contains latent ambiguity despite superficial clarity, an appellate court may turn to the statute's legislative history for guidance. State Dept. of Social Services v. Parker, 595 So.2d 815, 817 (La.App. 2d Cir.1992).

Out of an abundance of caution, we have reviewed transcripts from the legislative hearings leading to the provision's enactment. Neither the minutes of the Senate Judiciary Committee meeting of June 19, 1984, nor the transcript of the House Civil Law and Procedure Committee meeting of June 4, 1984, support the expansive interpretation of LSA-C.C. art. 2315.4 advanced by plaintiffs. To the contrary, they lead us to an interpretation consistent with the traditional view of this state, that penal provisions are to be narrowly construed to punish only those whose conduct society seeks to influence.

"The term `damages,' unmodified by penal terminology such as `punitive' or `exemplary,' has been historically interpreted as authorizing only compensation for loss, not punishment. Vincent v. Morgan's La. T.R. & S. Co., 140 La. 1027, 1051, 74 So. 541, 549 (1917); 2 Planiol, Treatise on the Civil Law Sec. 221 (La.State Law Inst.Translation 1959). Under Louisiana law, punitive or other `penalty' damages are not allowable unless expressly authorized by statute. Ricard v. State, 390 So.2d 882 (La.1980); Killebrew v. Abbott Laboratories, 359 So.2d 1275 (La.1978); Alexander v. Burroughs Corp., 359 So.2d 607 (La.1978). Additionally, when a statute does authorize the imposition of a penalty, it is to be strictly construed. State v. Peacock, 461 So.2d 1040, 1044 (La.1984); Crowe v. Equitable Life Assurance Society of the United States, 179 La. 444, 452-53, 154 So. 52, 55 (1934); Turner v. Metropolitan Life Insurance Company, 189 La. 342, 354, 179 So. 448, 451 (1938)."

International Harvester Credit v. Seale, 518 So.2d 1039, 1041 (La.1988). This is the case even where it is arguable that exemplary damages are within the spirit of the law. Gibbs Const. v. Dept. of Labor, 540 So.2d 268, 269 (La.1989); Matter of Woodrow Wilson Const. Co., Inc.,

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Bluebook (online)
643 So. 2d 236, 1994 WL 513269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourque-v-bailey-lactapp-1994.