Classert v. Butler

746 So. 2d 787, 1999 WL 1025260
CourtLouisiana Court of Appeal
DecidedNovember 5, 1999
Docket98 CA 1991
StatusPublished
Cited by5 cases

This text of 746 So. 2d 787 (Classert v. Butler) 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
Classert v. Butler, 746 So. 2d 787, 1999 WL 1025260 (La. Ct. App. 1999).

Opinion

746 So.2d 787 (1999)

Donald G. CLASSERT
v.
John BUTLER, et al.

No. 98 CA 1991.

Court of Appeal of Louisiana, First Circuit.

November 5, 1999.

*788 C. Jerome D'Aquila, New Roads, LA, for Plaintiff-Appellee Donald G. Classert.

William H. Justice, Baton Rouge, LA, for Defendant-Appellant State Farm Fire & Casualty Company.

W. Ransom Pipes, Baton Rouge, LA, for Defendant-Appellant Ronn Rodney.

BEFORE: CARTER, C.J., LeBLANC, and PETTIGREW, JJ.

PETTIGREW, J.

In this case, defendants appeal a judgment by the trial court finding in favor of the plaintiff and awarding damages for injuries sustained by plaintiff in a stabbing incident. For the reasons that follow, we affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

On October 20, 1990, plaintiff, Donald G. Classert, was working at the Woodmen of the World fair in New Roads, Louisiana. He was attempting to get some rowdy fair patrons to leave the premises when an altercation began involving his son. According to Mr. Classert, his son was on the ground with a group of "black fellows" beating on him. Mr. Classert "jumped in the pile" in order to help protect his son. Approximately 10 to 15 minutes later, when Mr. Classert was showing a security officer the individuals who were involved in the first altercation, he was rushed by "a whole bunch of guys" who began beating on him. Mr. Classert sustained "multiple cuts, bruises, contusions and a stab wound to the abdomen" during this second incident. Mr. Classert sought treatment at the New Roads Hospital and was later transferred by ambulance to a hospital in Baton Rouge, Louisiana.

Approximately one year later, Mr. Classert filed the instant suit for damages naming as defendants Joseph E. Butler, Byron Johnson, Ronn Rodney (Rodney), Ethel Rayford, the City of New Roads, Pointe Coupee Parish Police Jury, and State Farm Fire & Casualty Company (State Farm), in its capacity as Rodney's homeowner's insurer.[1]

Rodney and State Farm each filed a motion for summary judgment. Thereafter, they filed a joint motion for summary judgment. All of the motions were denied by the trial court, and the matter proceeded to a trial on the merits on June 5, 1997. At the beginning of the trial, the parties stipulated that Mr. Classert sustained a stab wound to the abdomen and that if liability were proven, damages would total $17,500.00, plus interest and costs. They also agreed to leave the record open for the taking of the deposition of Louis Seither, a friend of Mr. Classert's who witnessed the altercation in question. Judgment was rendered by the trial court on February 4, 1998, finding in favor of Mr. Classert and against Rodney and State Farm, in solido, for the sum of $17,500.00, plus interest and costs. However, the trial court did not issue either written or oral reasons for judgment.

Rodney has appealed the trial court's judgment, assigning the following specifications of error:

1. The trial court clearly erred, as a matter of fact, in finding that defendant, Ronn Rodney, inflicted a stab wound to the plaintiff.
*789 2. The trial court erred, as a matter of law, in finding that plaintiff carried its burden of proof that defendant, Ronn Rodney, inflicted a stab wound upon the plaintiff.

In a separate appeal of the trial court's judgment, State Farm asserts the following assignments of error:

1. The trial court committed manifest error in failing to find that defendant, Ronn Rodney, committed an "intentional act" within the meaning of the subject policy, which intentional acts are excluded from coverage under the policy.
2. The trial court committed manifest error in failing to find that defendant, Ronn Rodney, committed a willful and malicious act within the meaning of the subject policy, which willful and malicious acts are excluded from coverage under the policy.
3. The trial court committed manifest error in failing to find that a stabbing and/or "attack" is not an "occurrence" which is defined in the policy as an "accident." Coverage is only provided for bodily injury which is the result of an "occurrence." Because a knifing is not an occurrence, there is no coverage.

I. APPEAL BY RONN RODNEY

The issues raised by Rodney on appeal concern whether Mr. Classert satisfied his burden of proving negligence by a preponderance of the evidence. Negligence is conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. It is the breach of a duty, statutory or non-statutory, owed to another to protect that person from the particular harm that ensued. Callais v. Allstate Insurance Co., 334 So.2d 692, 700 (La.1975) (on rehearing). Negligence is not presumed. The burden of proving negligence by a preponderance of the evidence rests upon the party alleging it. Starks v. Kelly, 435 So.2d 552, 556 (La.App. 1 Cir.1983). This court has previously recognized the well-settled principle that once the applicable standards of care are established, negligence is a question of fact to be determined by the judge or jury. Negligence must be determined on a case by case basis according to the particular facts and circumstances therein. Schoonmaker v. Capital Towing Company, 512 So.2d 480, 484 (La.App. 1 Cir.), writ denied, 514 So.2d 458 (1987).

The Louisiana Supreme Court has developed a two-part test for reviewing factual issues on appeal. As an appellate court, we cannot set aside the trial court's factual findings unless we determine that there is no reasonable factual basis for the findings and the findings are clearly wrong (manifestly erroneous). Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). If the findings are reasonable in light of the record reviewed in its entirety, an appellate court may not reverse even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Furthermore, when factual findings are based on the credibility of witnesses, the fact finder's decision to credit a witness's testimony must be given "great deference" by the appellate court. Rosell v. ESCO, 549 So.2d 840, 844 (La. 1989). Thus, when there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, although the appellate court may feel that its own evaluations and inferences are as reasonable. Id.

The trial court's factual findings in the present case are based on credibility determinations and must be afforded great deference. After reviewing the record in its entirety, we conclude that the trial court was not manifestly erroneous in finding that Mr. Classert had satisfied his burden of proof.

Among the witnesses who testified at the trial of this matter was Detective John R. Jarreau, who was working for the New Roads Police Department at the time of the incident in question. He investigated *790 the stabbing incident and ultimately arrested Rodney and Joseph Butler in connection with the battery of Mr. Classert. When asked how many people were involved in the altercation with Mr. Classert, Detective Jarreau indicated that "[i]t could have been as many as ten to twelve people."

Detective Jarreau indicated that he questioned Rodney Smith (Smith) and Byron Johnson (Johnson) regarding Rodney's involvement in the stabbing of Mr. Classert.

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Cite This Page — Counsel Stack

Bluebook (online)
746 So. 2d 787, 1999 WL 1025260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/classert-v-butler-lactapp-1999.