Cheramie v. Brunet

510 So. 2d 700
CourtLouisiana Court of Appeal
DecidedMay 27, 1987
Docket86 CA 0932
StatusPublished
Cited by7 cases

This text of 510 So. 2d 700 (Cheramie v. Brunet) 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
Cheramie v. Brunet, 510 So. 2d 700 (La. Ct. App. 1987).

Opinion

510 So.2d 700 (1987)

Deeanna Joan CHERAMIE, et al.
v.
Billy BRUNET, et al.

No. 86 CA 0932.

Court of Appeal of Louisiana, First Circuit.

May 27, 1987.
Rehearing Denied July 20, 1987.

*701 James G. Derbes, Derbes & Derbes, and Ronald Rakosky, New Orleans, for Deeanna Joan Cheramie, et al.

Grady Weeks, Weeks & Stark, Houma, for State of La., Dept. of Transp. and Development.

Robert B. Butler, III, Schwab & Butler, Houma, for State Farm Mut. Auto. Ins. Co.

Before EDWARDS, WATKINS and LeBLANC, JJ.

LeBLANC, Judge.

This is a wrongful death and survival action arising from a collision between a vehicle driven by decedent and a boat trailer which had detached from the truck pulling it.

FACTUAL BACKGROUND

On August 7, 1982, Billy Brunet, Kirby Adams and Jade Blanchard, all of whom were then minors, decided to go water skiing using a boat and trailer owned by Billy's father. Since neither of the family vehicles were available to Billy, the boys decided to use a 1976 Ford pick-up truck owned by Kirby's father to pull the trailer. In preparation for their excursion, Kirby backed the truck up to the trailer and Jade placed the trailer coupler over the tow ball on the rear bumper. Billy then joined the others and finished attaching the trailer to the truck. He stated that he first placed a bolt through the coupler's safety latch and put a nut at the end of it, then wrapped the safety chains around the ball and coupler, hooking the S-shaped hooks on either end of the chain into links on the opposite side. Finally, he pulled up on the tongue of the trailer to check whether the connection was tight. It was revealed at trial that the safety chains were not properly attached to the trailer and that the coupler and tow ball were incompatible, the coupler being 2" and the tow ball being 1 7/8" in size.

In any event, with Billy driving, the boys proceeded north on Louisiana Highway 1 approximately a mile. As Billy slowed down to turn into a gas station, the boys felt a sharp jerk and were thrown forward. Looking to the rear, they saw that the trailer had become detached and its tongue had risen in the air. Within a few seconds, the trailer veered across the center line into the southbound lane, crashed through the windshield of an oncoming van and struck the driver, Carl LeBlanc, Sr., in the forehead. Mr. LeBlanc subsequently died from complications which developed during the treatment of his severe injuries. Three of Mr. LeBlanc's minor children, Carl, Jr., Toni and Shelley, were also in the van, but received only minor cuts and bruises.

The point at which the boys first became aware of the trailer's detachment was almost immediately after the truck had crossed a rut extending across most of the northbound lane of Highway 1. The deepest point of this rut was approximately 3 inches. Its width varied from approximately 3 inches to 7 3/16 inches, although it appears most probable that the portion of the rut over which the truck and trailer passed was closer to 3 inches in width than to 7 inches. A short distance south of this rut the truck had also crossed a "dip" six to ten feet long, where the highway had settled four to six inches below the rest of the roadway. Although there was testimony *702 that other ruts existed in this section of the highway, no specific details were given regarding them.

PROCEDURAL BACKGROUND

Deeanna Cheramie, widow of Carl LeBlanc, filed a wrongful death and survival action on behalf of herself and the minor children born of her marriage to decedent. She also filed personal injury claims on behalf of the three children present in the van at the time of the collision. Named as defendants were: Kirby Adams and his father, Wilbert Adams, their liability insurer, Louisiana Farm Bureau Insurance Company (Louisiana Farm Bureau); Billy Brunet and his father, Bobby Brunet, their liability insurer, State Farm Mutual Automobile Insurance Company (State Farm); and, the Louisiana Department of Transportation and Development (DOTD)[1]. Jade Blanchard, his father and their liability insurer were also named as defendants, but the claim against them was compromised and settled before trial.

A bifurcated trial was held as to the remaining defendants, with the trial court hearing the claim against DOTD and a jury hearing the claims against all other defendants. Following trial, the jury returned a special verdict in favor of plaintiffs finding Billy Brunet 34 percent negligent, Kirby Adams 22 percent negligent and DOTD 44 percent negligent. In response to special interrogatories, the jury found that although Jade Blanchard was at fault, his fault was not a legal cause of the plaintiffs' injuries. The jury awarded damages in favor of the various plaintiffs as follows:

Deeanna Cheramie, as administratrix of the estate of
Carl LeBlanc, Sr.
Pain and suffering ..................  $10,000.00
Loss of income from date of accident
to death ............................    2,000.00
Medical expenses ....................   40,137.15
Burial and funeral expenses .........    2,926.45
Property damage to van ..............    2,350.00
                                       __________
                                       $57,413.60
Deeanna Cheramie
Loss of economic support from date
of death ...........................   $40,000.00
Loss of love and affection .........    10,000.00
                                       __________
                                       $50,000.00
Angelia LeBlanc
Loss of economic support from date
of death ............................  $10,000.00
Loss of love and affection ..........   20,000.00
                                       __________
                                       $30,000.00
Carl LeBlanc, Jr.
Loss of economic support from date
of death ............................. $12,000.00
Loss of love and affection ...........  20,000.00
Pain and suffering ...................   2,000.00
                                       __________
                                       $34,000.00
Toni LeBlanc
Loss of economic support from date
of death ............................  $14,000.00
Loss of love and affection ..........   20,000.00
Pain and suffering ..................    2,000.00
Medical expenses ....................       48.00
                                       __________
                                       $36,048.00
Shelley LeBlanc
Loss of economic support from date
of death ............................  $16,000.00
Loss of love and affection ..........   20,000.00
Pain and suffering ..................    2,000.00
                                       __________
                                       $38,000.00

After the jury returned its verdict, the trial court ruled that DOTD was also liable to plaintiffs and assessed its fault at 50 percent.

Subsequently, several motions for judgment notwithstanding the verdict (JNOV) were filed by defendants, complaining that the jury erred in finding that the "fault" of Jade Blanchard was not a legal cause of the plaintiffs' damages. Following a hearing on May 2, 1985, the court granted defendants' request for a JNOV. In accordance therewith, the jury verdict was amended to provide that Jade Blanchard's fault was a legal cause of plaintiffs' injuries. The percentages of fault attributable to each party were reassessed as follows: Jade Blanchard—10 percent; Kirby Adams —15 percent; Billy Brunet—25 percent; and, DOTD—50 percent.

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Bluebook (online)
510 So. 2d 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheramie-v-brunet-lactapp-1987.