Cannon v. Pennzoil Co.

520 So. 2d 941, 1987 La. App. LEXIS 10630, 1987 WL 1247
CourtLouisiana Court of Appeal
DecidedNovember 4, 1987
Docket86-969
StatusPublished
Cited by3 cases

This text of 520 So. 2d 941 (Cannon v. Pennzoil Co.) 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
Cannon v. Pennzoil Co., 520 So. 2d 941, 1987 La. App. LEXIS 10630, 1987 WL 1247 (La. Ct. App. 1987).

Opinion

520 So.2d 941 (1987)

Steve CANNON, Plaintiff-Appellant,
v.
PENNZOIL CO., et al., Defendants-Appellees.

No. 86-969.

Court of Appeal of Louisiana, Third Circuit.

November 4, 1987.

*942 Poteet & Landry, Walter Landry, Lafayette, for plaintiff-appellee.

Allen, Gooch, Bourgeois, Breaux & Robison, P.C., (St. Paul Bourgeois), Lafayette, Gibbens & Blackwell (John Blackwell and Dennis Stevens), New Iberia, Jeansonne & Briney, (Katherine Loos), Lafayette, Onebane Donohoe, Bernard, Torian, Diaz, McNamara & Abell, (Rebecca Doherty and Roger Ishee), Lafayette, for defendants-appellees.

Before GUIDRY, FORET and YELVERTON, JJ.

GUIDRY, Judge.

This appeal, which arises out of an accident which occurred on May 27, 1982, at the Pennzoil Company (hereinafter Pennzoil) dock in Intracoastal City, Louisiana, can be divided into two distinct parts: (1) the appeals of plaintiff, Steve C. Cannon, and the intervenor, Insurance Company of North America, worker's compensation insurer of Burner Fire Control, Inc., from a judgment rendered June 24, 1986, denying Cannon's claim for damages for the injuries he sustained in the accident; and, (2) the appeal of Pennzoil from a judgment rendered July 14, 1986, in the same suit, which denied its third party demands for defense and/or indemnity from Production Welding, Inc. (hereafter Production), Burner Fire Control, Inc. (hereinafter Burner), and their respective insurers, United States Fire Insurance Company (hereinafter USF IC) and National Union Fire Insurance Company of Pittsburg, Pennsylvania (hereinafter National Union).

FACTS

Prior to May 1982, Pennzoil contracted with two independent contractors, Production to provide crane crews for its Intracoastal City, Louisiana, docking facility; and, Burner to furnish trucks and drivers.

On May 27, 1982, plaintiff, Steve Cannon, who was employed by Burner as a roustabout and driver, had occasion to deliver a 5,000 pound compressor to the Pennzoil dock yard. Upon arrival at the yard, Cannon was directed to the site of a large crane so that the compressor could be off-loaded to the ground. Plaintiff positioned his truck and trailer under the crane and climbed on the back of the trailer to unhitch the chain binders which held the compressor firmly to the truck bed. Thereafter, he connected the crane cable to a *943 padeye located on the top of the compressor. Cannon then signaled the crane operator, Chris Toups, an employee of Production, to take up the slack in the crane line. Cannon moved away from the load toward the right rear corner of the trailer. He testified that he was on his way off the trailer at that time. On the other hand, Chris Toups, the crane operator, and Bobby Toups, a member of the crane crew, both testified that Cannon stopped, turned toward the compressor and gave the lift signal. In either event, Chris Toups started to life the load to move it away from the "head-ache rack" at the front of the trailer and toward the left rear. Just as the load started to move, Cannon placed his hands on the compressor. Responding to this gesture, the crane operator stopped and lowered the compressor to the trailer bed and Cannon exited the trailer, landing on his feet some six to ten feet from the vehicle.

At trial, Cannon claimed that when Toups lifted the load, the compressor struck him, at approximately knee height, knocking him off the trailer bed. Both the crane operator and his helper, Bobby Toups, testified that the compressor never hit plaintiff and that it was resting on the bed of the trailer when Cannon jumped off the trailer bed. The Pennzoil accident report, prepared the same day and signed by plaintiff, agrees with the crane crew's version of what happened.

Cannon subsequently filed suit against Pennzoil, Production and USFIC claiming that: (1) Toups was negligent in lifting the load while he was still on the truck bed and in not having his crew attach a "tag" line to the load; (2) Production was negligent in hiring a crane operator with no formal training and in not properly supervising Toups; and, (3) Pennzoil was negligent in not training and/or supervising Toups. Pennzoil third-partied Production, Burner and their insurers seeking defense and/or indemnification under master service agreements executed by the parties and insurance contracts provided by the contractors naming Pennzoil as an additional insured. Insurance Company of North America, the provider of worker's compensation insurance to Burner, intervened seeking recovery of benefits it had paid to Cannon.

The case was tried to a jury of twelve persons over a period of three days. During trial, conflicting testimony was presented by expert witnesses as to whether or not it was safe to off-load a compressor from a truck with the driver on the truck bed and without the use of a "tag" line. The jury also heard the conflicting testimony of the crane crew and the plaintiff as to whether plaintiff gave a lift signal to the crane operator and whether the load ever struck plaintiff. The jury also considered the accident report, prepared at the time of the accident, which indicated that plaintiff was not struck by the compressor but had jumped off the truck. Finally, the jury considered the medical evidence, none of which corroborated, i.e., abrasion, cut, bruise, etc., that plaintiff was struck by the compressor. As aforestated, the jury found defendants free from negligence and, pursuant to their verdict, judgment was rendered dismissing plaintiff's suit.

Appellants, Cannon and INA, urge that the jury clearly erred when it found defendants to be without fault. We find no merit in this contention.

It is well established that where there is conflicting testimony, reasonable evaluations of credibility and reasonable inferences of fact reached by a jury should not be disturbed by an appellate court unless they are manifestly erroneous or clearly wrong, even if the court feels its own evaluations or inferences are just as or more reasonable. Boullion v. Romero, 490 So.2d 788 (La.App. 3rd Cir.1986); Vermilion Parish Policy Jury v. Landry, 485 So.2d 253 (La. App. 3rd Cir.1986). Our review of the record fails to convince us that the jury's finding that defendants were not negligent was clearly wrong or manifestly erroneous.

Appellants next contend that the trial judge committed reversible error when he required the jury to find defendant Toups "negligent" rather than "at fault" in causing Cannon's injury, suggesting that the word "fault" is more likely to be understood *944 by a jury than the word "negligence". La.C.C. art. 2315; La.C.C.P. art. 1812(C).

The only theory of liability in this case was one of negligence under La.C.C. art. 2315. In such a case, the terms "negligence" and "fault" are synonymous. The trial judge defined and explained the negligence theory in clear and concise terms in his charge to the jury. We find no error in his use of the term "negligent" in the jury interrogatories.

Finally, plaintiff contends that the trial judge erred when he failed to permit the jury to reach the question of fault on the part of Pennzoil and/or Production without first finding Toups negligent. The only people involved in the actual unloading of the compressor were the crane operator and the plaintiff. There was no issue or question of equipment failure or malfunction. The only possible alleged active tortfeasor was Toups. Pennzoil and/or Production could only be found to be vicariously liable through the crane operator. Since the crane operator was found free of fault, no liability attaches to Pennzoil and Production.

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

Related

Burns v. McDermott, Inc.
665 So. 2d 76 (Louisiana Court of Appeal, 1995)
Alleman v. Brownie Drilling Co.
647 So. 2d 371 (Louisiana Court of Appeal, 1994)
Palmer v. General Health, Inc.
552 So. 2d 750 (Louisiana Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
520 So. 2d 941, 1987 La. App. LEXIS 10630, 1987 WL 1247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cannon-v-pennzoil-co-lactapp-1987.