Conner v. Florida Farm Bureau Cas. Ins.

446 So. 2d 383, 1984 La. App. LEXIS 8039
CourtLouisiana Court of Appeal
DecidedFebruary 1, 1984
Docket83-336
StatusPublished
Cited by18 cases

This text of 446 So. 2d 383 (Conner v. Florida Farm Bureau Cas. Ins.) 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. Florida Farm Bureau Cas. Ins., 446 So. 2d 383, 1984 La. App. LEXIS 8039 (La. Ct. App. 1984).

Opinion

446 So.2d 383 (1984)

Charles CONNER, Plaintiff-Appellant,
v.
FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, et al., Defendants-Appellees.

No. 83-336.

Court of Appeal of Louisiana, Third Circuit.

February 1, 1984.

*385 Raleigh Newman, Lake Charles, for plaintiff-appellant.

Plauche, Smith and Nieset, Frank M. Walker, Jr., Lake Charles, for defendants-appellees.

Stockwell, Sievert, Viccellio, Clements & Shaddock, Robert S. Dampf, Lake Charles, for third party plaintiff-appellee.

Before GUIDRY, CUTRER and STOKER, JJ.

GUIDRY, Judge.

Charles Conner brought this suit to recover damages for personal injuries allegedly sustained by him in an automobile collision which occurred on October 17, 1980. Named as defendants were Patricia Ouzts; Florida Farm Bureau Casualty Insurance Company (hereafter Florida Farm Bureau), Ms. Ouzts' insurer; and, State Farm Mutual Automobile Insurance Company (hereafter State Farm), plaintiff's underinsured motorist carrier. State Farm filed a third party demand against Patricia Ouzts and Florida Farm Bureau for contribution and indemnity. After trial on the merits, the jury returned a special verdict, finding that both the defendant, Patricia Ouzts, and the plaintiff, Charles Conner, were negligent, which negligence proximately caused the accident; attributing 60% of the fault to the defendant and 40% to the plaintiff; and, finding that the total amount of damages sustained by the plaintiff was $25,000.00. The trial judge entered judgment on November 12, 1982, in accord with the jury's verdict, in favor of Charles Conner and against Florida Farm Bureau and Patricia Ouzts in solido in the principal sum of $15,000.00. Plaintiff and defendants were cast for costs at the trial level in the proportions of 40% and 60%, respectively. The judgment made no specific disposition of State Farm's third party demand. Plaintiff thereafter filed a motion seeking reformation of the jury verdict or additur or new trial which motion was denied by the trial judge on January 12, 1983.

Plaintiff appeals devolutively from the denial of his motion and from the judgment. The defendants neither appeal nor answer the appeal.

The issues on appeal concern the correctness of the trial court's ruling which denied plaintiff's motion for reformation of the jury verdict, new trial or additur; quantum; and, whether the jury clearly erred in finding plaintiff 40% negligent.

FACTS

The accident occurred one mile south of Sulphur in Calcasieu Parish, at the intersection of Louisiana Highway 27 and Carlyss Drive at approximately 6:40 a.m. on October 17, 1980. Carlyss Drive is a two lane, blacktop road which runs east and west. Louisiana Highway 27 runs north and south. A "T" intersection is formed at the point where Carlyss Drive and Highway 27 meet. There is a stop sign controlling east bound traffic on Carlyss Drive at this intersection. Louisiana Highway 27, also known as the "Hackberry Highway", is a blacktop two lane road. There are no traffic controls for Highway 27 at this intersection other than a solid yellow no passing line. The posted speed limit on Highway 27 is 55 m.p.h. It had been raining earlier that morning and the roads were wet and slick.

Immediately prior to the accident, the defendant, Patricia Ouzts, was operating a vehicle heading east on Carlyss Drive on her way to work at PPG, accompanied by Mike McCray and Fred Fell. The plaintiff, Charles Conner, was driving a pickup truck traveling south on Highway 27 following a van. The right turn signal had been activated on the van which had pulled at least partially onto the right apron indicating a right turn onto Carlyss Drive. Ms. Ouzts, intending to turn left on Louisiana Highway 27, had brought her vehicle to a stop *386 at the intersection. As the van commenced its right turn onto Carlyss Drive, Ms. Ouzts proceeded into the intersection, at which time her passenger, Mr. Fell, observed plaintiff's vehicle and shouted a warning. Ms. Ouzts applied her brakes but skidded halfway into the southbound lane of Highway 27 where the left front portion of her car was struck by the front of the Conner truck.

As a result of the accident, plaintiff sustained certain injuries to his neck and was treated by several physicians and a chiropractor. The extent and causation of plaintiff's claimed disabilities are vigorously contested by the parties.

The plaintiff requested that this matter be tried to a jury. Counsel for plaintiff submitted several requests for special jury instructions to the court but none relative to an award of damages under comparative negligence. The trial judge gave, among others, the following instructions relative to damages before the jury retired:

"If you find that Charles Conner in part caused his injury that will not prevent recovery by him, it only reduces the amount of his recovery. In other words, if you find that this accident was due partly to the fault of Charles Conner, then you would write in that percentage as your finding on the special verdict form I will give to you. Such a finding would not prevent the plaintiff from recovering. The Court would merely reduce the plaintiff's total damages by the percentage that you insert. If you find that Charles Conner was negligent, you might find any percentage from 1 to 100....
If you find, in accordance with the instructions I have given you, that any injuries which are subject to this action were a result of the negligence of Charles Conner and also the fault of Patricia Ouzts, you should assign a percentage of such negligence to plaintiff's conduct and assign a percentage of such fault to defendants' conduct without reference to the total amount of damages which may have been sustained in this accident."

Counsel for plaintiff failed to object to the sufficiency of these charges. Nor did he object to the form or substance of the special verdicts submitted to the jury.

The jury returned the following interrogatory verdict sheet:

"VERDICT SHEET (1) Was the defendant, Patricia Ouzts negligent, and, if so, was this negligence a cause-in-fact of the accident? ANSWER: Yes ✓ No ___ If your answer is "Yes", proceed to Question Number 2. If your answer is "No", you need not proceed any further. Have your foreman sign and date the end of this verdict sheet and notify the bailiff. (2) Was the plaintiff, Charles Conner negligent, and, if so, was this negligence a cause-in-fact of the accident? ANSWER: Yes ✓ No ___ If your answer is "Yes", proceed to Question Number 3. If your answer is "No", proceed to Question Number 4. (3) If your answer to Question Numbers 1 and 2 are "Yes", then, taking the combined fault or negligence of Patricia Ouzts and Charles Conner that caused the damages if any, of the plaintiff, as One Hundred Percent (100%)—What percentage of that fault or negligence is attributable to the defendant, Patricia Ouzts, and what percentage if any, is attributable to the plaintiff, Charles Conner?
                   ANSWER:
      (a) Percentage of fault or negligence
          attributable to the defendant,
          Patricia Ouzts:                            60 %
                                                    _____
      (b) Percentage of fault or negligence
          attributable to the plaintiff, Charles     +
          Conner:                                    40 %
                                                    _____
                    TOTAL                           100 %

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Bluebook (online)
446 So. 2d 383, 1984 La. App. LEXIS 8039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conner-v-florida-farm-bureau-cas-ins-lactapp-1984.