Conner v. American Druggists Insurance Co.

495 So. 2d 990, 1986 La. App. LEXIS 7763
CourtLouisiana Court of Appeal
DecidedOctober 8, 1986
DocketNo. 85-937
StatusPublished
Cited by2 cases

This text of 495 So. 2d 990 (Conner v. American Druggists Insurance 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
Conner v. American Druggists Insurance Co., 495 So. 2d 990, 1986 La. App. LEXIS 7763 (La. Ct. App. 1986).

Opinion

YELVERTON, Judge.

Sharon Conner, widow of Roy Conner, sued James R. Savoie, Sheriff of Cameron Parish, and his insurer, Southern American Insurance Company (erroneously named in the caption), for damages for the death of her husband, alleging that a cause in fact of his death was the failure of certain deputy sheriffs to carry out their duty of rescue. The petition alleged that on the night of January 13, 1984, Sharon and her intoxicated husband were at home when he took a bottle of pills; that she called the sheriff’s office for help; that two deputies came but refused to take Roy to the hospital; and that he died later that night from the overdose.

The case was presented to a jury on interrogatories. The jury found in favor of the defendants on the threshold interrogatory, finding that neither the sheriff nor his deputies were negligent in the events leading to the death of Roy Conner. The plaintiff appeals. We affirm.

FACTS

Roy Conner, 34, died in his sleep in his home in the early morning hours of January 14, 1984. According to the coroner, death was caused by a combination of alcohol and the drug Darvon. A laboratory blood concentration analysis showed alcohol of .18 percent, and a urine specimen contained dextropropozyphene, a product of Darvon. The coroner’s estimated time of death was 3:30 A.M.

The events of the hours preceding Conner’s death were thoroughly presented to the jury, and there is surprisingly little dispute about what happened. Roy and Sharon attended the Wildlife & Fur Festival in Cameron on the evening of January 13. Not long before midnight they left to go to their trailer home in the Sweetlake community, Sharon driving. Roy was drunk, according to Sharon. En route home they argued and there was a struggle over the steering wheel.

Sharon went to bed when they got home, but Roy put something to eat in the microwave oven. He then came to her bed and got her attention (she had been faking sleep to avoid further argument). Holding a vial full of pills in one hand and a glass of milk in the other, he said to her, “You’re going to watch this!”, and then he consumed both pills and milk. Tossing the empty pill container into the bedroom, Roy went to the kitchen and ate. He told Sharon to bury him in his blue jeans, otherwise, he would haunt her; after eating, he told her if he died he would die happy because he had a full stomach. He then went to the other bedroom and went to bed.

When the trailer became quiet, Sharon got up and examined the empty bottle, discovered that the label read Darvocet, a pain killer prescribed for Roy in 1982, remembered what the druggist had said then about the danger of drinking and taking that medication at the same time, and became worried. Roy had been drinking heavily daily for months, and he was drunk then. She began making phone calls.

First she called St. Patrick Hospital in Lake Charles. The hospital did not provide ambulance service. Next she called a pharmacist in Cameron, from whom she confirmed the danger of alcohol and Darvocet in combination. She then called Roy’s mother in Cameron, who suggested that she call the law. She did.

The Cameron Sheriff’s Office log shows the call came in at 12:31 A.M. to Deputy Lowery, who wrote down that Sharon Con[992]*992ner “adv. husband took overdose of pills, had been drinking, was violent.” Deputy Lowery called Deputy Aguillard, who was on patrol in the area, and dispatched him to the scene. Aguillard asked Lowery to call another deputy, Budgie Precht, who lived in the Sweetlake area, to help him. Lowery responded by calling Precht, telling him of Sharon’s call, and dispatching him to join Aguillard.

Precht got there first at 12:40 A.M. Before Aguillard joined him three minutes later, Precht was already in the bedroom, waking Roy. Sharon showed the deputies the empty pill container. Roy woke up when a deputy shook him. He was groggy, still drunk, but responded. At first he denied taking any pills, then admitted that he took only two antibiotics for a cold. He repeatedly denied taking Darvocets. When offered their help to take him to the hospital, Roy refused, saying there was nothing the matter with him. The deputies stayed there 30 minutes. Sharon asked them to take him to the hospital. She asked Roy to go. He refused, indicating there was no reason to go. All four talked in the living room for awhile, then the officers left, telling Sharon as they went that if anything happened, she should call them.

Roy soon went to bed again, and went to sleep. It was 2:30 A.M. Sharon lay beside him awhile, checking his pulse and breathing. Seemingly reassured, sometime before 3:00 A.M. she turned out the light and went to sleep.

A few minutes before 5:00 A.M. Sharon awoke and checked on Roy. He was dead.

The Arguments of Counsel

Using the duty-risk approach, the plaintiff argues the deputies had a duty to protect the deceased from his unwillingness to get treatment. This duty, she says, has a statutory source in La.-R.S. 28:53, which allows a peace officer to take a person suffering from substance abuse into protective custody and transport him to a treatment facility if the officer has reasonable grounds to believe the person is dangerous to himself or to others, is gravely disabled, or is in need of immediate hospitalization. She also argues that, based on the testimony of her expert in police standards, there existed a duty owed by the sheriff and his deputies to at least know what their rights and duties are when confronted with a substance abuse victim who is unwilling to save himself.

Relying on Harris v. Pizza Hut of La., Inc., 455 So.2d 1364 (La.1984), plaintiff urges that there was both a violation of the sheriff’s duty and substandard conduct. The breach of duty was in not taking Roy to the hospital. The substandard conduct was in not knowing they could take him, even against his will, and in not recognizing from the circumstances that he needed to go to the hospital.

Appellant also complains of certain charges to the jury.

Underscoring the appellees’ argument in support of the jury verdict is that, whatever may have been the duty owed by the sheriff’s office and the deputies, and even if there was a breach thereof, the conduct of the deputies was reasonable under all the circumstances, not substandard, and that therefore the jury was correct in not allowing recovery.

Were the Sheriffs Actions Negligent, Substandard or Blameworthy ?

The specific interrogatory answered by the jury, thereby ending the case, was addressed to whether the deputies were negligent. Unless we find manifest error in that determination, we are required to affirm, Canter v. Koehring, 283 So.2d 716 (La.1973), and no purpose would be served in this opinion by addressing the purely theoretical question of whether the sheriff’s department owed the deceased a duty of rescue. Besides, it appears certain from the log entry that at least one reason why the deputies went to Roy’s trailer that night was because of the report that he had taken an overdose of pills. We can assume that they went there to see about him and help him. Having undertaken to help him, they were under a duty to do it right. So whether the law did or did not impose a duty upon them, they undertook such a [993]*993duty. The ultimate issue, then, is whether their conduct was negligent, substandard, or blameworthy. As stated in Harris v. Pizza Hut of La., Inc.,

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Related

Rielly v. Town of Church Point
673 So. 2d 1348 (Louisiana Court of Appeal, 1996)
Conner v. American Druggists Insurance Co.
497 So. 2d 1020 (Supreme Court of Louisiana, 1986)

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Bluebook (online)
495 So. 2d 990, 1986 La. App. LEXIS 7763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conner-v-american-druggists-insurance-co-lactapp-1986.