Connecticut Fire Insurance v. Lavergne

224 So. 2d 479, 1969 La. App. LEXIS 5759
CourtLouisiana Court of Appeal
DecidedJune 27, 1969
DocketNo. 2734
StatusPublished
Cited by3 cases

This text of 224 So. 2d 479 (Connecticut Fire Insurance v. Lavergne) 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
Connecticut Fire Insurance v. Lavergne, 224 So. 2d 479, 1969 La. App. LEXIS 5759 (La. Ct. App. 1969).

Opinion

HOOD, Judge.

The plaintiff, Connecticut Fire Insurance Company, as subrogee of its insured, Carroll Chiasson, instituted this action against Dominic Lavergne and his employer, Percy L. Breaux, to recover damages resulting from a fire which allegedly was caused by the negligence of defendant Lavergne. Judgment on the merits was rendered by the trial court in favor of defendants, and plaintiff has appealed.

The principal question presented is: Was the fire which occurred in the Chias-son home on August 11, 1966, caused by the negligence of Dominic Lavergne? Another related issue which must be considered and resolved is whether the doctrine of res ipsa loquitur is applicable.

The evidence shows that the home of Carroll Chiasson, in Duson, Louisiana, was damaged by fire about 10:00 a.m. on August 11, 1966. At that time defendant Lavergne, a carpenter employed by Percy L. Breaux, was completing the construction of a snack bar in the kitchen of the home, and he was engaged in putting a formica top on that bar. The contact glue which was being used to stick the formica to the bar top was highly flammable, and this glue in some manner caught fire with the result that considerable fire damage was done to the rear portion of the house.

Lavergne and Mrs. Chiasson were in the kitchen when the fire started, but they gave conflicting accounts of what occurred at that time. Lavergne’s son also was present, but he did not testify at the trial. Several persons visited the house shortly after the fire occurred, and some of them testified as t'o what they observed on those visits. Among the witnesses who saw the house after the damage was done were two volunteer firemen who assisted in putting out the blaze, and two repairmen who assisted in repairing the damage a few days after the fire occurred. At least three reasonable, but different, accounts have been given as to the cause of the fire.

About three hours after the building caught fire Lavergne signed a written statement for the insurance adjuster which recites, in substance, that at that time he was holding a sheet of formica and a lighted electric light bulb on an extension cord, and that as he reached for another sheet of formica which his son, handed to him he dropped the light bulb on the counter and broke it. The statement then recites that the broken bulb caused some glue on the counter to ignite, that the fire spread to a can of glue which he had placed on a nearby table, and that Lavergne then picked up the burning can of glue and threw it out of the kitchen onto a breezeway which was located in the back of the house near the kitchen.

This account of the fire, as given in Lavergne’s written statement, is supported by the statements of other witnesses who testified to the effect that Lavergne was using an electric light on an extension cord at that time, and that the light bulb was found to be broken after the fire was extinguished. Also, a charred and burned can, of the type used to contain formica glue, was found on the breezeway of the house where the worst fire damage occurred, and at the place where Lavergne supposedly threw the burning can. The [481]*481fire was so intense at that point that it caused the concrete floor of the breezeway to blister and crack, indicating that some highly inflammable substance was on the floor of the breezeway at that time.

At the trial, however, Lavergne denied that he ever made any such statement to the insurance adjuster. He admitted his signature, but he is illiterate and he contends that the statement was not read back to him and that it does not recite what he told the adjuster. He testified that he had not spread any glue on top of the counter before the fire started, and that he was engaged in planing the counter top at that time. He stated that the can of glue on the nearby table had never been opened, that it did not catch fire, that he did not throw a can of any kind out of the house, and that the fire actually started at an air conditioning unit which was located in a window between the breezeway and a glassed-in porch located adjacent to the kitchen. He testified that Mrs. Chiasson had closed all of the windows and doors of the kitchen and had turned the air conditioner on just “seconds” before the air conditioner “blew up” or caught fire. He takes the position that the fire started from a spark or defect in the air conditioning unit.

The account of the accident given by Lavergne at the trial is supported by evidence establishing that the major portion of the fire occurred at the place where this air conditioner was located. The unit itself was burned beyond repair, and the window in which it had been installed, together with the wall and the ceiling in that immediate vicinity, were badly burned, all of which tends to show that the fire originated at that point. The fire damage in the kitchen where Lavergne was working was not nearly as bad as it was near the air conditioning unit. The counter top, where plaintiff contends the fire originated, was damaged very little, so little in fact that it did not need to he replaced. The carpenter who repaired the fire damage. testified that he merely wiped the counter top off and covered it with formi-ca, without even having to sand the top of the counter before doing so.

The third explanation of how the fire started was given by Mrs. Chiasson, who witnessed the entire incident while standing within four feet of the counter on which Lavergne was working. She testified that at that time Lavergne was spreading glue on the counter top with a roller and a flat pan, that the counter top was located very near her kitchen stove, that two pilot lights were burning in the stove at that time, and that the fire started suddenly “all over the counter.” She conceded that she could not determine where the fire came from, but she implied that it started from the pilot lights in the stove. She stated that before the fire started she had asked Lavergne if the pilot lights should be turned off, and that he had indicated that that was not necessary. She also testified that the fire did not occur until at least 30 minutes after she had turned on the air conditioning unit.

As we have already indicated, La-vergne’s version of the accident is considerably different from that given by Mrs. Chiasson. In addition to the part of his testimony which we have reviewed above, he also stated that he cut off the gas and removed the stove from the kitchen early that morning, before he began covering the counter with formica. He maintains strongly that the stove was not even in the kitchen when the fire started, and thus that the fire could not have originated from the pilot lights in that stove. His testimony to that effect is supported by that of Alton Breaux, one of the carpenters who repaired the fire damage, who stated that the. stove was not in the kitchen when he went to the house to make the repairs three or four days after the fire. Also, Mrs. Chiasson acknowledged that at the time of the fire there was a stove on a dolly in the breezeway of the house, and that the dolly and the stove were damaged [482]*482by the fire. In that connection Mrs. Chiasson stated:

“I don’t have one [a dolly], but there was a stove tied on to one out there. I believe it was still on there because he moved the stove with one. He had brought it at the end of the building way outside.”
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Cite This Page — Counsel Stack

Bluebook (online)
224 So. 2d 479, 1969 La. App. LEXIS 5759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connecticut-fire-insurance-v-lavergne-lactapp-1969.