Budget Rent-A-Car v. Gradnigo

611 So. 2d 147, 1992 WL 364348
CourtLouisiana Court of Appeal
DecidedDecember 9, 1992
Docket91-1125
StatusPublished
Cited by11 cases

This text of 611 So. 2d 147 (Budget Rent-A-Car v. Gradnigo) 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
Budget Rent-A-Car v. Gradnigo, 611 So. 2d 147, 1992 WL 364348 (La. Ct. App. 1992).

Opinion

611 So.2d 147 (1992)

BUDGET RENT-A-CAR OF NEW ORLEANS, et al., Plaintiffs-Appellants,
v.
Jeffery J. GRADNIGO, et al., Defendants-Appellees.

No. 91-1125.

Court of Appeal of Louisiana, Third Circuit.

December 9, 1992.

*148 James Donovan, Jr., Metairie, for plaintiff-appellant —Budget.

Nicholas Gachassin, Lafayette, for plaintiff-appellee —Watts.

Robert M. Mahony, Lafayette, for defendant-appellee —CUI.

Nan Landry, New Iberia, for defendant-appellee —Nationwide Ins.

Before GUIDRY, DOUCET and WOODARD, JJ.

WOODARD, Judge.

The issues on appeal are whether the trial court erred (1) in accepting an expert witness; (2) in failing to allow a deposition of a witness who was allegedly unavailable; (3) in the assessment of fault between defendants; (4) in refusing to hold the record open for further testimony; and (5) in awarding excessive damages.

This suit arises from a claim for property damages sustained when Wendel N. Butler (Butler), while driving a rental van, almost collided with a left turning motorist, Jeffrey Gradnigo (Gradnigo) and then lost control of his vehicle which overturned. Suit was filed by Budget Rent A Car of New Orleans (Budget), the rental agency, against Gradnigo's employer, Gary Ruddick Construction Company, Inc. (Ruddick), and Commercial Union Insurance Company (Commercial Union), Ruddick's insurer. Later, suit was filed by Sarah L. Watts (plaintiff, a guest passenger), against Butler, Butler's insurer, Nationwide Insurance Company (Nationwide), Budget, Gradnigo, Ruddick and Commercial Union for personal injuries she sustained in the accident. *149 Upon motion by Budget, the cases were consolidated for trial.[1]

Trial was held on May 7, 1991, and judgment was rendered on June 18, 1991. The trial judge set forth his reasons orally, apportioning Butler, Budget and Nationwide with 65% fault and Ruddick and Commercial Union with 35%. Damages were assessed, including an award to Watts for loss of wages, past medical expenses, and pain and suffering.

Budget and Butler timely appeal this judgment.

FACTS

On March 20, 1989, Watts was a guest passenger in a Dodge van owned by Diversified Services, Inc., which was being leased by its subsidiary corporation, Budget Rent A Car of New Orleans, Inc. Wendel N. Butler, Jr. was driving the van in a northerly direction on U.S. Highway 167 in Vermilion Parish, Louisiana. Watts, who lived in Pennsylvania, was en route to Louisiana to watch her son play in a basketball tournament.

Jeffrey Gradnigo, who was driving a Dodge 6000 truck owned by his employer Ruddick Construction Company, Inc., was ahead of Butler and traveling in the same direction on Highway 167.

Conflicting testimony was given as to whether Gradnigo properly activated his left turn signal before executing a left turn onto Parish Road 3-26. As Gradnigo began his left turn maneuver, Butler had started to pass Gradnigo and had to apply his brakes to avoid a collision. As a result, the van Butler was driving skidded approximately 145 feet across the south bound lane and through the intersection into an embankment. The van flipped over, landed on its right side and traveled approximately 58 more feet before it came to rest in an adjacent field.

As a result of the accident, Watts' arm was pinned under the van and the van had to be lifted to free her. Besides injury to her arm, Watts hit her head on top of the van while the van was rolling, and her shoulder and neck were sore and bruised. Watts was taken to the emergency room where she was examined and was given a cervical collar to wear.

Watts had come to Louisiana from her home in Pennsylvania to watch her son play in a basketball tournament. Because of her injuries, she was confined to a hotel room for three days and was unable to see her son play in the tournament.

Watts returned home by train and stayed out of work for four days. There, she was under the care of Dr. Paul Epstein for about four months and was given physical therapy. She was placed on light duty work on her job as a nurses aid for approximately ten months. At the time of trial, Watts was still suffering from headaches and her arm is permanently scarred as a result of the accident.

EXPERT WITNESS

Appellants first contend that the trial court erred in accepting the investigating officer, Trooper Glenn M. Stutes as an expert witness due to his insufficient training or experience in accident reconstruction.

In Jaffarzad v. Jones Truck Lines, Inc., 561 So.2d 144, at page 151 (La.App. 3 Cir. 1990), writ denied 565 So.2d 450 (La.1990). This court stated the criteria to be considered when deciding whether to permit the use of expert testimony:

"`To warrant the use of expert testimony, two elements are required; these concern the subject of the expert's opinion or inference, and the qualifications of the tendered witness, respectively. First, "the subject of the inference must be so distinctly related to some science, profession, business or occupation as to be beyond the understanding of the average laymen". State v. Wheeler, 416 So.2d 78, 80 (La.1982) (emphasis added.) *150 Second, "the witness must have sufficient skill, knowledge or experience in that field or calling as to make it appear that his opinion or inference will probably aid the trier of fact in his search for truth." Id.; McCormick on Evidence § 13 at 33 (Cleary 3d ed. 1984). The inquiry is: "On this subject can a jury receive from this person appreciable help?" J. Wigmore, Evidence § 1923 at 29 (Chadbourn rev. 1978) (emphasis in original). If not, the testimony is superfluous, and is excluded to save time and avoid confusion. Id., § 1918 at 11.
* * * * * *
"A trial judge has broad discretion in determining who should or should not be permitted to testify as an expert and whether expert testimony is admissible; his judgment will not be disturbed on appeal unless manifestly erroneous. See State v. Trosclair, 443 So.2d 1098, 1105 (La.1983); Brown v. Morgan, 449 So.2d 606, 608 (La.App. 1st Cir.1984)." (Footnotes omitted.) Schwamb v. Delta Air Lines, Inc., 516 So.2d 452, at pages 458-459 (La.App. 1 Cir.1987), writ den., 520 So.2d 750 (La.1988).'"

The general rule as to qualification and allowance of experts was set out in Carvell v. Winn, 154 So.2d 788, at page 791 (La. App. 3 Cir.1963), as follows:

"[W]hether or not a witness meets the qualifications to testify as an expert is largely within the discretion of the trial judge. In our opinion, it is also largely within the discretion of the trial judge to determine the competency of expert witnesses to testify to specialized areas of inquiry not necessarily within his general competency to give an opinion as an expert, or at least not shown to be so by the facts of the record. That is, the trial court is not under a mandatory duty to permit an expert witness to testify to any matter upon which the expert himself says he is qualified to give an expert opinion; the court must have some discretion to limit the witness's testimony as an expert to the actual field of his expertise and as applicable to the facts of the particular litigation, then before it (subject of course to a showing that the court abused its discretion in this regard, State v. Carter, 217 La. 547, 46 So.2d 897.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lennard v. Champaign
917 So. 2d 1134 (Louisiana Court of Appeal, 2005)
Moraus v. Frederick
916 So. 2d 474 (Louisiana Court of Appeal, 2005)
Joseph Moraus v. Jennifer Frederick
Louisiana Court of Appeal, 2005
Roberts v. Robicheaux
896 So. 2d 1232 (Louisiana Court of Appeal, 2005)
Timothy Roberts v. Kevin F. Robicheaux
Louisiana Court of Appeal, 2005
Amoco Production Co. v. Texaco, Inc.
838 So. 2d 821 (Louisiana Court of Appeal, 2003)
Duncan v. Safeway Ins. Co. of Louisiana
799 So. 2d 1161 (Louisiana Court of Appeal, 2001)
Chacon v. Lykes Bros. Steamship Co.
797 So. 2d 105 (Louisiana Court of Appeal, 2001)
Coleman v. Parret
716 So. 2d 463 (Louisiana Court of Appeal, 1998)
Jones v. Hawkins
708 So. 2d 749 (Louisiana Court of Appeal, 1998)
Hammons v. City of Tallulah
705 So. 2d 276 (Louisiana Court of Appeal, 1997)
Maddox v. Omni Drilling Corp.
698 So. 2d 1022 (Louisiana Court of Appeal, 1997)
Watts v. Gradnigo
611 So. 2d 153 (Louisiana Court of Appeal, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
611 So. 2d 147, 1992 WL 364348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budget-rent-a-car-v-gradnigo-lactapp-1992.