Cobb v. Insured Lloyds

387 So. 2d 13, 15 A.L.R. 4th 896, 1980 La. App. LEXIS 4193
CourtLouisiana Court of Appeal
DecidedJune 25, 1980
Docket7716
StatusPublished
Cited by35 cases

This text of 387 So. 2d 13 (Cobb v. Insured Lloyds) 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
Cobb v. Insured Lloyds, 387 So. 2d 13, 15 A.L.R. 4th 896, 1980 La. App. LEXIS 4193 (La. Ct. App. 1980).

Opinion

387 So.2d 13 (1980)

Clara Sue COBB et al., Plaintiffs-Appellees,
v.
INSURED LLOYDS et al., Defendants-Appellants.

No. 7716.

Court of Appeal of Louisiana, Third Circuit.

June 25, 1980.
Rehearing Denied August 22, 1980.

*14 Milling, Benson, Woodward, Hillyer & Pierson, Charles D. Marshall, New Orleans, for defendants-appellants.

Provosty, Sadler & deLaunay, William H. deLaunay, Alexandria, for plaintiffs-appellees.

Stafford, Stewart & Potter, Grove Stafford, Jr. and Russell L. Potter, Gold, Little, Simon, Weems & Bruser, Henry B. Bruser, III, Alexandria, for defendant-appellee.

Rivers & Willson, Larry Rivers, Alexandria, for plaintiff-appellant.

Before CULPEPPER, SWIFT and STOKER, JJ.

*15 CULPEPPER, Judge.

Clara Sue Cobb was injured by the accidental discharge of a revolver, located behind the front seat of an automobile in which she was a passenger. In the present suit, she and her father, Howell Cobb, sue Gabriel Bell, owner and operator of the automobile and owner of the revolver, and Insured Lloyds, Bell's automobile liability insurer. In a companion suit, they sue J. P. Sauer & Sohn, manufacturer of the revolver, and Hawes Firearms Company, distributor of the revolver. A jury awarded Howell Cobb $85,000 and to Clara Sue Cobb $700,000 against defendants, Gabriel Bell, Insured Lloyds, J. P. Sauer & Sohn and Hawes Firearms Company, in solido. Defendants Sauer and Hawes appeal. Clara Sue Cobb answered the appeal, seeking loss of earnings and an increase in general damages.

On appeal, appellants contend the jury was manifestly erroneous in finding (1) the revolver was in normal use, (2) the revolver was unreasonably dangerous for normal use, either because the design was defective or warnings inadequate, (3) defective design or failure to warn was a legal cause of the accident, (4) Clara Sue Cobb's damages are $700,000, and (5) Hawes Firearms Company is liable. Defendants contend the trial judge erred in (1) instructing the jury on the use of a product manufactured by a third party, (2) in allowing the jury to know Bell's insurance policy limits, and (3) in denying defendants' motion for directed verdict.

The general facts giving rise to the accident are undisputed. On the night of February 12, 1976, Gabriel Bell drove to the Howell Cobb residence, intending to take Clara for a ride. On the front seat of his car, Bell had the fully loaded revolver in a holster with the hammer "flush to the cylinder."

Bell arrived at the Cobb residence at approximately 10:30 P.M. Before Clara entered the automobile, Bell placed the holstered revolver on the rear floorboard on the driver's side. Bell and Clara drove around for approximately an hour and a half. Near midnight, they were driving on Highway 28, heading towards Alexandria. Immediately after crossing a small bridge, Bell heard a loud explosion and instantaneously determined that the revolver had discharged, wounding Clara. The bullet went up through the passenger seat, entered Clara's body through the left flank and passed through her body, transecting the spinal cord and exiting near the right shoulder.

Bell proceeded to the emergency room at St. Frances Cabrini Hospital in Alexandria. Clara was examined by Dr. Harry Brian, who determined her spinal cord had been severed. He directed that she be transferred to Baton Rouge for surgical assistance. In Baton Rouge, she was treated by Drs. Adrian Kell McInnis and John Robert Clifford for ten days before being transferred to Houston.

Clara's first period of treatment in Houston was from February 23 to June 6, 1976. Dr. Roy Edward Carter, director of rehabilitation, gave the following summary of her treatment and condition:

"Diagnosis was spinal cord lesion secondary to gunshot wound at approximately T-11 . . . she was thought to have a T-9 paraplegia, neurogenic bladder, neurogenic bowel, pulmonnary congestion, left renal contusion by history, atelectasis the right upper lobe, acute respiratory failure, pneumonitis of the left lower lobe, diagnosis of obesity, bronchitis, a left femoral thrembophlebitis, urinary tract infection and previous history of spleenectomy (performed in Baton Rouge)."

Clara returned to Alexandria in June to gain strength for rehabilitation therapy, which began in Houston in November, 1976. Upon discharge in January, 1977, Dr. Carter gave the following report:

"She was doing very well at the time of discharge, which on second admission was January 15th, 1977 . . . . She was medically doing well. Her general nutrition was much higher than it had been, her blood count had returned to normal. She was doing her [intermittent] cath., *16 had been taught this and taught all of her nursing activities, the urine was sterile with no evidence of bacteria. She was independent in all of her wheelchair activities, which meant that her transfers back and forth as we mentioned before were done without assistance. She completed her driving training program. She was finishing homemaking activities which basically consist of fixing simple meals and fixing bed covers and so forth, and was subsequently discharged then on January, 15th."

Clara returned to Houston for a third extended period of treatment from November 27, 1977 to approximately January 9, 1978, during which she completed rehabilitation training. Although Clara has made remarkable progress, she will require medication and treatment for the rest of her life. According to Dr. Carter, the primary problems of the paraplegic are as follows:

"The major problems that would face any paraplegic would be two very significant ones. One, of course, is urinary tract infection, which may ascend from the bladder to the kidneys and compromise the kidneys' function, and/or result in kidney stones, which may result in the same type of thing. The second major problem is that of involving the skin, which because of the anesthesia and alteration of its own circulation is more sensitive to thermal injury from either severe hot sun or external heat of any type, hot water, et cetera, as well as an increase sensitivity to pressure, that the individual cannot feel, to pressure ulceration as we mentioned before. The third area, not quite as common as the first two, depending on the level of the spinal injury, would be that of a lowered resistance where the patient may get a respiratory infection, which then has to be treated with a little more vigor and a little more intelligence than in the normal individual, because of some impairment of ability to cough and clear secretions out of the lung."

The weapon which caused Clara's injuries is a Hawes "Western Marshal" single-action revolver. It was manufactured in Germany by J. P. Sauer & Sohn in December of 1974 and shipped to California to the Hawes Firearms Company, sole distributor for Sauer at that time. As required by U. S. law, the name of both the manufacturer and the distributor is forged onto the gun by the manufacturer. Under an agreement existing between the two companies, Hawes was responsible for operating instructions and provided a warranty certificate with the following instructions and information:

THE HAWES "WESTERN MARSHAL" ORIGINAL SIX-SHOOTER REVOLVER LOADING—FIRING—CORRECT CARE

GENERAL. The Hawes "Original" Western Marshal Six-Shooter is one of the most simple, rugged and dependable handguns ever manufactured. Used correctly it will serve you indefinitely without ever requiring major repairs.

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387 So. 2d 13, 15 A.L.R. 4th 896, 1980 La. App. LEXIS 4193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobb-v-insured-lloyds-lactapp-1980.