Brantley v. General Motors Corp.

573 So. 2d 1288, 1991 La. App. LEXIS 160, 1991 WL 6388
CourtLouisiana Court of Appeal
DecidedJanuary 23, 1991
Docket21860-CA
StatusPublished
Cited by12 cases

This text of 573 So. 2d 1288 (Brantley v. General Motors Corp.) 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
Brantley v. General Motors Corp., 573 So. 2d 1288, 1991 La. App. LEXIS 160, 1991 WL 6388 (La. Ct. App. 1991).

Opinion

573 So.2d 1288 (1991)

James D. BRANTLEY, Plaintiffs-Appellants,
v.
GENERAL MOTORS CORPORATION, et al., Defendants-Appellees.

No. 21860-CA.

Court of Appeal of Louisiana, Second Circuit.

January 23, 1991.
Writ Denied March 28, 1991.

*1289 Hudson, Potts & Bernstein by Jesse D. McDonald, Gold Law Firm by Edward E. Rundell, for plaintiffs-appellants.

McLeod, Swearingen, Verlander, Dollar by David E. Verlander, III, Robert P. McLeod, for defendants-appellees.

Before BAILES, FOOTE and SCOTT, JJ. Pro Tem.

SCOTT, Judge Pro Tem.

Plaintiff and defendants appeal the judgment and ruling of the trial court following a jury verdict in this personal injury action. The jury returned a verdict finding defendants General Motors (G.M.) and Kelsey-Hayes at fault in the accident in which plaintiff was injured and assigned 75% fault to the plaintiff. The jury verdict included an award of $55,000 for special damages.

Plaintiff assigns as error the 75% fault assessed against him by the jury. Defendants assign as error the actions of the trial judge in granting a judgment notwithstanding the verdict wherein the trial judge increased the special damages which had been awarded by the jury and granted general damages, which had been denied by the jury.

STATEMENT OF THE CASE

Plaintiff brought this action to recover special and general damages resulting from bodily injuries he sustained when a tire exploded. Plaintiff was working at a service station attempting to mount the tire on a rim (wheel). It is not disputed that the plaintiff was injured on June 18, 1983 while attempting to mount a 16-inch tire on a 16.5-inch wheel.

The wheel in question was manufactured by Kelsey-Hayes Corporation for G.M. and designed pursuant to G.M. specifications for use on General Motors vehicles. The wheel involved in this accident had been taken by plaintiff from a ¾ ton Chevrolet truck belonging to Rowe, Inc. The tire which exploded had been manufactured by Universal Cooperatives, Inc. and purchased from plaintiff by William Rowe, Jr., the operator of the truck. The jury found no fault on the part of William Rowe, Jr. or *1290 Universal Cooperative and no assignment of error is raised as to those defendants.

At the time of the accident and for several years prior thereto, plaintiff had been employed full time in the offshore oil drilling business. He customarily worked on rotating shifts of 14 days offshore and 14 days at home. While at home he assisted his son, James Lee Brantley, in the operation of an automobile service station at Marion, Louisiana. Plaintiff's duties at the service station customarily consisted of pumping gasoline, dispensing oil, selling automobile supplies and tires, and mounting tires. He had no special training in the mounting of tires. His knowledge was acquired through observation and experience while working at the station since its purchase. Plaintiff contends that the wheel was defectively designed and lacked proper size warnings, which contention was denied by defendants.

When the tire exploded it struck the right side of plaintiff's body, propelling him approximately eight feet backwards where he landed flat on his back. A physician who happened to be on the premises of the service station rendered first-aid to plaintiff. Plaintiff was then transported to St. Francis Medical Center in Monroe where he was attended by Dr. Myron Bailey, an orthopedic surgeon who treated plaintiff's injuries to his right arm, wrist, forearm, elbow and shoulder. Dr. Bailey immediately performed an open reduction of fractures to the radius and ulna bones of the right forearm with fixation of a steel plate with screws into the bone. Additionally, plaintiff sustained a crushing of the proximal bone of the right thumb and a severed tendon. In February, 1984, the thumb required additional surgery at which time there was the insertion of a Silastin implant.

Initially, the plaintiff was hospitalized for a period of four days, then released to his home. He remained under the care and treatment of Dr. Bailey for a period of 15 months. Although plaintiff received no medical treatment between September 17, 1984 and November 16, 1986, he testified and the evidence supports that he was daily in pain due to his injuries. He returned to work in the oil field during this time and was assigned lighter duty work through a promotion, resulting in his work being supervisory in nature. In November, 1986, plaintiff was treated by Dr. Bailey for pain in his shoulder and finally in February, 1987, a surgical intervention was made on the right shoulder for a fracture of the acromion.

ASSIGNMENTS OF ERROR

Plaintiff in this appeal argues that the trial court fell into error in not reducing the jury's finding of 75% fault on plaintiff. Plaintiff contends the finding of fault on his part should not exceed 25%.

Defendants' specification of errors are:

1. The trial court erred in granting judgment n.o.v. and by doing so substituted its own judgment for that of the $55,000 jury verdict;
2. Alternatively, if this court finds judgment n.o.v. was proper, the trial court erred in its award for special damages by exceeding the lowest amount within the discretion of the jury;
3. Defendants acknowledged to the trial court, and do so in brief to this court that judgment n.o.v. was proper as to the jury award of no general damages but that the trial court exceeded the permissible extent of change in the award; and
4. The trial judge abused his discretion in conditionally granting a new trial limited to damages only in the event judgment n.o.v. on the damage awards are reversed on appeal.

DISCUSSION

The jury, according to the answers to the special verdict form, made the following findings of negligence or fault, to-wit:

a. No fault or negligence on the part of William Rowe, Jr. or Universal Cooperatives, Inc.;
b. Finding of fault or negligence on defendants, Kelsey-Hayes Corporation and General Motors Corporation, and *1291 the plaintiff, fixing the percentage of fault, as follows:
James D. Brantley, plaintiff, 75%
Kelsey-Hayes Corporation, defendant, 15%;
General Motors Corporation, defendant, 10%;

and made the following awards:

a. Special damages (past lost income, loss of future earning capacity, past and future medical expenses): $55,000.00;
b. General Damages (past and future physical pain and suffering; past and future mental anguish and distress): $-0-.

Judgment was signed in favor of plaintiff awarding a money judgment of $5,500 against General Motors Corporation; and $7,750 against Kelsey-Hayes Corporation, with legal interest from date of judicial demand until paid, and also judgment in favor of William Rowe, Jr., and Rowe, Inc. (owner of the truck), dismissing all claims against them.

Plaintiff moved for a judgment notwithstanding the verdict (non obstante veredicto). The trial court granted the motion, reasoning that on considering all the evidence and the reasonable inferences to be drawn therefrom in the light most favorable to the defendants, reasonable persons could not arrive at a contrary decision, citing Zeagler v. Dillard Department Stores, Inc., 521 So.2d 766 (La. 2nd Cir., 1988) and Blum v. N.O.P.S. Inc., 469 So.2d 1117 (La. 4th Cir.1985).

The trial court was of the opinion the allocation of fault was correct.

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Bluebook (online)
573 So. 2d 1288, 1991 La. App. LEXIS 160, 1991 WL 6388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brantley-v-general-motors-corp-lactapp-1991.