Bruce v. Rogers Oil Tool Services, Inc.

556 So. 2d 922, 1990 La. App. LEXIS 229, 1990 WL 9684
CourtLouisiana Court of Appeal
DecidedFebruary 7, 1990
Docket88-1110
StatusPublished
Cited by12 cases

This text of 556 So. 2d 922 (Bruce v. Rogers Oil Tool Services, Inc.) 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
Bruce v. Rogers Oil Tool Services, Inc., 556 So. 2d 922, 1990 La. App. LEXIS 229, 1990 WL 9684 (La. Ct. App. 1990).

Opinion

556 So.2d 922 (1990)

Sharon C. BRUCE & John W. Bruce, Plaintiffs-Appellees,
v.
ROGERS OIL TOOL SERVICES, INC., et al., Defendants-Appellants.

No. 88-1110.

Court of Appeals of Louisiana, Third Circuit.

February 7, 1990.

*923 Sonnier & Hebert, Paul J. Hebert, Abbeville, and Daniel M. Barbato, Lafayette, for plaintiffs/appellees.

Juneau, Hill, Judice & Adley, P.L.C., Kraig Strenge, Lafayette, for defendant/appellant.

Hurlburt, Privat & Monrose, George R. Privat, Lafayette, for defendant/appellee, Dairyland.

Allen, Gooch, Bourgeois, Breaux, Robison & Theunissen, Thomas A. Budetti, Lafayette, for defendant/appellee, State.

Before DOMENGEAUX, C.J., and FORET and LABORDE, JJ.

FORET, Judge.

This action involves the issue of uninsured motorist coverage in an alleged "hit and run" accident. Petitioners, Sharon C. Bruce and her husband, John W. Bruce, brought this action against defendants, *924 Rogers Oil Tool Services, Inc. (Rogers Oil) and National Union Fire Insurance Company (National Union) for injuries sustained on January 9, 1986.

Defendants, Rogers Oil and National Union, moved for summary judgment against the Bruces on the basis that the uninsured or underinsured motorist coverage of the policy issued by National Union, insuring the 1980 Ford pickup involved in the accident, did not provide coverage for the damages sought. National Union contended that there was no actual contact between the insured truck and the unidentified vehicle as required in order to provide uninsured motorist coverage under the policy.

The Bruces also filed a motion for partial summary judgment as to the issue of uninsured motorist coverage.

Both motions for summary judgment were denied by the trial court. The Third Circuit granted writs on the issue and dismissed Rogers Oil from the lawsuit. Rogers Oil was dismissed because the pleadings did not allege that Rogers Oil was negligent or in any way caused injury to the plaintiffs. On writs, we found that the trial court was correct in denying summary judgment in favor of either the Bruces or National Union.

After trial by jury, judgment was awarded in favor of Sharon and John Bruce and against National Union. National Union appeals, contending that the trial court erred based upon several assignments of error, which are set forth below. Sharon and John Bruce answered the appeal, contending that the damages awarded by the jury were inadequate. We find no error in the judgment of the trial court and thus, we affirm.

FACTS

On January 9, 1986, at approximately 6:00 P.M., John and Sharon Bruce were traveling to the grocery store in a pickup truck owned by John's employer, Rogers Oil. It was dusk and rainy. They noticed a truck approaching from the opposite direction traveling very near or partially in their lane of traffic. John noticed, as the two vehicles began to pass in opposite directions, that the approaching truck was pulling a trailer which exceeded the truck in width. As John's pickup truck passed the midpoint of the trailer being pulled by the other vehicle, John and Sharon Bruce heard an explosion. Almost simultaneously, the pickup driven by John Bruce lost its brakes and steering and landed in a ditch on the right side of the road.

It was later determined that the explosion was the result of a twenty-pound metal disc slamming through the windshield of the Bruce vehicle. Sharon Bruce was severely injured as a result of the "buzz saw" action of the disc on the right side of her face. The driver of the oncoming truck and trailer did not stop and was never identified.

ASSIGNMENTS OF ERROR

National Union assigns the following as error:

A) WHETHER THE TRIAL COURT ERRED IN DENYING NATIONAL UNION'S MOTION FOR A DIRECTED VERDICT AND/OR MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT, OR IN THE ALTERNATIVE, MOTION FOR NEW TRIAL.

B) WHETHER THE TRIAL COURT ERRED IN DENYING NATIONAL UNION'S REQUESTED JURY INTERROGATORIES.

C) WHETHER THE TRIAL COURT ERRED IN DENYING NATIONAL UNION'S REQUESTED JURY CHARGES.

D) WHETHER THE TRIAL COURT ERRED IN DENYING NATIONAL UNION'S MOTION IN LIMINE.

E) WHETHER THE TRIAL COURT ERRED IN SEVERING NATIONAL UNION'S THIRD PARTY DEMAND AGAINST THE STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

F) WHETHER THE TRIAL COURT ERRED IN GRANTING PRE-JUDGMENT INTEREST ON THE JURY'S AWARD FOR FUTURE LOSSES.

Prior to considering the issue of uninsured motorist coverage on its merits, we *925 will first dispose of the procedural issues urged by National Union.

VERDICT FORM

National Union proffered special jury interrogatories at trial, requesting specific factual findings. These were denied by the trial judge, who utilized general verdict forms with findings either in favor of the defendant or the plaintiffs, with special interrogatories for damage awards.

At trial and through appellate brief, National Union objects to the failure of the trial court to tender special interrogatories to the jury as to the negligence of the drivers of the two vehicles; the origin of the object which injured Sharon and/or; whether there was any direct contact between the two vehicles.

The issue as to any potential negligence on behalf of John Bruce, as driver of the vehicle involved in the accident, was not clearly raised by the pleadings[1] nor was there any evidence of such negligence presented at trial. See Streeter v. Sears, Roebuck & Co., Inc., 533 So.2d 54 (La.App. 3 Cir.1988), writ denied, 536 So.2d 1255 (La.1989). Therefore, any special interrogatory to the jury regarding the comparative negligence of John Bruce would have been misleading to the jury and unsupported by the record.[2]

As to the negligence of the "hit and run" driver, the trial court's charges to the jury clearly set forth that the Bruces had the burden of proof to show by a preponderance of the evidence that it was more probable than not that "the operator of the hit and run vehicle was at fault;" and "that such fault gave rise to damages." This instruction, together with a general verdict form, was sufficient.

As to National Union's objection that special interrogatories should have been propounded requiring the jury to make specific findings of fact as to the origin of the metal plate which injured Sharon and as to any contact between the vehicles, we find no error on the part of the trial judge. Again, the charges to the jury by the trial court were very clear in instructing the jury that, in order to find coverage, there must be an actual collision or the plate must have originated from the cargo of the hit and run vehicle. The instructions were also clear in stating that "[i]f you find that the object which struck Mrs. Bruce was not a part of the hit and run vehicle nor part of its load but was upon the roadway and was propelled into the insured vehicle, then there would be no `hit' as required by the provisions of the insurance policy."

It is implicit in the verdict of the jury that they found either an actual collision between the vehicles or found the plate to have originated from the cargo of the hit and run vehicle, or both. Therefore, we find special interrogatories unnecessary and find that this assignment of error is without merit.

JURY CHARGES

National Union contends that the trial court incorrectly charged the jury as to the law with regard to the physical contact requirement of National Union's policy. The court charged the jury as follows:

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Bluebook (online)
556 So. 2d 922, 1990 La. App. LEXIS 229, 1990 WL 9684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-v-rogers-oil-tool-services-inc-lactapp-1990.