Everett v. Intorbus of New Orleans, LLC

262 So. 3d 332
CourtLouisiana Court of Appeal
DecidedDecember 19, 2018
DocketNO. 2017-CA-0643; NO. 2017-CA-0644; NO. 2017-CA-0645
StatusPublished

This text of 262 So. 3d 332 (Everett v. Intorbus of New Orleans, LLC) 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
Everett v. Intorbus of New Orleans, LLC, 262 So. 3d 332 (La. Ct. App. 2018).

Opinion

Judge Joy Cossich Lobrano

In this automobile accident case, plaintiff/appellant, Frederick Everett ("Everett"), appeals the November 18, 2016 judgment of the district court dismissing with prejudice all claims against defendants/appellees, Intorbus of New Orleans, LLC ("Intorbus"), Japerlet Wilson ("Wilson"), and Occidental Fire and Casualty Company of North Carolina (collectively "Appellees"). For the reasons that follow, we reverse and remand this matter to the district court for further proceedings.

This litigation arises from the claims of three plaintiffs - Everett, his brother Kevin Everett ("Kevin"), and passenger Sequin Brimmer ("Brimmer")(collectively "plaintiffs"). Each plaintiff was represented by separate counsel, and each filed a separate lawsuit. These three lawsuits *334were consolidated and scheduled for a jury trial.

This case concerns the second of two alleged accidents. In the first accident, Everett was operating an automobile in which Brimmer was a passenger when the automobile was rear-ended by a vehicle operated by Jesse Conrad ("Conrad"). Everett, thereafter, settled his claims against Conrad. Following the first accident, Kevin came to the scene to assist Everett. Next, a second accident allegedly occurred in which a double decker tour bus, owned by Intorbus and operated by Wilson, sideswiped the Everett automobile. As discussed herein, there was conflicting testimony about which of the three plaintiffs were inside the automobile during the second accident and about whether the bus collided with the automobile at all.

A four-day jury trial began on October 24, 2016. On October 27, 2016, the jury finished its deliberations and found that Wilson was not negligent. Accordingly, on November 18, 2016, the district court rendered judgment dismissing all claims against Appellees. Everett filed a motion for judgment notwithstanding the verdict and/or new trial, which was denied. Everett was the only plaintiff to appeal.

On appeal, Everett raises the following assignments of error, arguing that the district court erred as follows:

(1) in refusing to admit the deposition of an independent witness, Gilbert White;
(2) in refusing to either grant plaintiffs' motion for continuance or permit plaintiffs to take the trial deposition of the investigating officer;
(3) by rigidly enforcing trial management restrictions in a manner which deprived plaintiffs of a reasonable opportunity to present their case;
(4) in excluding the photographs taken at the scene by defendant's supervisor and produced by defendant during discovery; and
(5) in prohibiting plaintiffs' treating physicians from offering opinions on medical causation and in requiring all references to causation to be deleted from Everett's medical records.

The primary issue before this Court implicates Everett's first and third assignments of error: whether the district court erred as a matter of law in not permitting plaintiffs sufficient time to present evidence in support of their respective cases. Everett attests that, had the district court allowed him more time, he would have called Gilbert White ("White") to testify by deposition. White was the only nonparty witness who testified that all three plaintiffs were in the Everett vehicle when it was sideswiped by the bus.

Ordinarily, a district court's evidentiary and docket-management rulings are subject to the abuse of discretion standard of review. Bell v. Mid City Printers, Inc. , 2010-0818, p. 9 (La. App. 4 Cir. 12/22/10), 54 So.3d 1226, 1233 ; Cooper v. Lacorte , 99-1726, p. 3 (La. App. 4 Cir. 5/17/00), 775 So.2d 4, 7, opinion amended on reh'g , 99-1726 (La. App. 4 Cir. 1/31/01), 775 So.2d 704. If, however, a district court's ruling is "based on its erroneous interpretation or application of law, rather than a valid exercise of discretion," such incorrect ruling "is not entitled to deference" by the appellate court. Billieson v. City of New Orleans , 2002-1993, p. 4 (La. App. 4 Cir. 9/17/03), 863 So.2d 557, 560 (citation omitted). The appellate court reviews questions of law to determine whether the district court was legally correct or legally incorrect. Driscoll v. Mazaleski , 2011-1719, p. 6 (La. App. 4 Cir. 5/30/12), 95 So.3d 1140, 1144.

*335This Court has examined whether a district court violated a plaintiff's due process rights and prevented the plaintiff from properly presenting all necessary and relevant evidence and explained as follows:

We begin with La. Const. Art. I, § 22, which reads as follows:
All courts shall be open, and every person shall have an adequate remedy by due process of law and justice, administered without denial, partiality, or unreasonable delay, for injury to him in his person, property, reputation, or other rights.
La. C.C.P. art. 1631 A also has bearing on this issue, and states in relevant part:
The court has the power to require that the proceedings shall be conducted with dignity and in an orderly and expeditious manner, and to control the proceedings as the trial, so that justice is done.
We recognize a trial court has the discretion to control its docket and, thus, place reasonable time limits on the amount of time allotted to try a case so that all litigants have fair access to the court. However, that limit must allow a party to present evidence to support the litigant's case.
While this precise issue of time limits has never [before] been addressed by this court, our brethren in the Second Circuit have considered the issue of time limitations on the presentation of evidence by a party. In Goodwin v. Goodwin , 618 So.2d 579, 583-84 (La. App. 2nd Cir. 1993), writ denied , 623 So.2d 1340 (La. 1993), the court identified certain non-exclusive guidelines to be followed by a trial court should it decide to place such time limitations. These are: (1) litigants have a general right to present all evidence he/she possesses with regard to the contested issue at trial that is relevant, admissible, and not cumulative, tempered by La. C.E. art.

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Related

Cooper v. Lacorte
775 So. 2d 704 (Louisiana Court of Appeal, 2001)
Goodwin v. Goodwin
618 So. 2d 579 (Louisiana Court of Appeal, 1993)
Billieson v. City of New Orleans
863 So. 2d 557 (Louisiana Court of Appeal, 2003)
Bell v. Mid City Printers, Inc.
54 So. 3d 1226 (Louisiana Court of Appeal, 2010)
Plaia v. Stewart Enterprises, Inc.
229 So. 3d 480 (Louisiana Court of Appeal, 2016)
Driscoll v. Mazaleski
95 So. 3d 1140 (Louisiana Court of Appeal, 2012)
Cooper v. Lacorte
775 So. 2d 4 (Louisiana Court of Appeal, 2000)

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Bluebook (online)
262 So. 3d 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everett-v-intorbus-of-new-orleans-llc-lactapp-2018.