Faulk v. Schlumberger Well Services

412 So. 2d 162, 1982 La. App. LEXIS 6952
CourtLouisiana Court of Appeal
DecidedMarch 10, 1982
Docket8625
StatusPublished
Cited by11 cases

This text of 412 So. 2d 162 (Faulk v. Schlumberger Well Services) 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
Faulk v. Schlumberger Well Services, 412 So. 2d 162, 1982 La. App. LEXIS 6952 (La. Ct. App. 1982).

Opinion

412 So.2d 162 (1982)

Diane FAULK, Plaintiff-Appellee,
v.
SCHLUMBERGER WELL SERVICES, et al., Defendants-Appellants.

No. 8625.

Court of Appeal of Louisiana, Third Circuit.

March 10, 1982.

*163 Woodley, Barnett, Cox, Williams & Fenet, E. E. Woodley, Lake Charles, Harold T. Buckley, Jr., New Orleans, for defendants-appellants.

Jones, Jones & Alexander, J. B. Jones, Jr., Cameron, Raleigh Newman, Stockwell & Associates, Robert Dampf, Lake Charles, for plaintiff-appellee.

Before GUIDRY, SWIFT and STOKER, JJ.

STOKER, Judge.

These three consolidated actions arise out of the death of Michael K. Faulk in an intersectional collision. Primary issues are the alleged negligence of the defendant Robert Trosclair and the alleged contributory negligence of the deceased, Michael K. Faulk. Other issues are raised, including as an alternative the complaint of appellants that the quantum of the awards is excessive.

The accident and death took place on December 8, 1979, in Cameron Parish, Louisiana. At the time Michael K. Faulk (Faulk) was married to Diane Faulk who brought this suit on her own behalf and on behalf of her minor son, Michael John Faulk, born of the marriage. Faulk had two daughters by a prior marriage to Sherry Ann Dinger who brought suit on behalf of the two daughters who are minors, Melanie Michelle and Mia Margaret. We render a separate opinion in that suit on this same day.[1] A third suit was brought by State Farm Mutual Automobile Insurance Company and the estate of Faulk for the automobile damages sustained by the Faulk vehicle and the medical expenses incurred. We also render a separate opinion in that suit on this same day.[2]

The defendants are Robert Trosclair (Trosclair), his employer, Schlumberger Offshore Well Services, Inc. (Schlumberger), and their liability insurer, Travelers Indemnity Company.

Aside from the negligence of the two drivers, the appeals bring up issues relating to the refusal of the trial court to grant defendants a change of venue, objections to the jury selection, and the jury's answers to specific interrogatories in which the jury found that the deceased, Faulk, had been negligent but that his negligence played no part in causing the accident.

*164 FACTS

The accident occurred during dark hours at a T-intersection in marsh country at the intersection of Louisiana State Highway 82 and a private road which enters Highway 82 from the South. Traffic approaching the state highway from the south is faced with a stop sign granting the right of way to the state highway. The state highway is a standard two-lane highway which runs generally east and west. The private road is a shell road leading south from Highway 82 to the off-shore dock facilities of Crain Brothers. Defendant Trosclair was employed by Schlumberger and was driving a long wheel base truck which was blue in color at approximately 2:00 o'clock AM on the morning of December 8, 1980. Trosclair drove north on the shell road and made a left turn into Highway 82 to proceed west. Faulk crashed into the right rear of the Schlumberger truck and was apparently killed immediately. Faulk had been traveling west on Highway 82 prior to the crash and was being followed at some distance by James Duhon. Faulk was driving a 1979 Ford pickup truck which belonged to him and he was alone. Therefore, Duhon is the only known witness to the accident. State Farm Mutual Automobile Insurance Company was the insurer of the Faulk pickup truck and is subrogated for all damages to the truck less the deductible portion and for all medical expenses.

Prior to the accident Faulk had been drinking. Defendants produced the testimony of experts who expressed the opinion that Faulk was speeding.

The jury returned a verdict for all the plaintiffs.

ASSIGNMENTS OF ERROR

One brief has been filed in this appeal on behalf of the defendants and is submitted by both counsel for the defendants. No assignment of error is listed challenging the jury's finding that Robert Trosclair was negligent and that his negligence was a cause of the accident.

The listed assignments urge that the trial court erred in the following respects:

1. In not granting defendant's motion for change of venue.

2. In not answering a question from the jury concerning the preponderance of the evidence relative to the alleged contributory negligence of the deceased Michael K. Faulk.

Defendants allege that the jury erred in the following aspects:

1. In finding that the negligence of Michael K. Faulk was not a legal cause of the accident.

2. The jury awards are excessive and beyond the highest range the evidence can justify.

MOTION FOR CHANGE OF VENUE

Prior to trial Schlumberger filed a motion for a change of venue under LSA-C.C.P. art. 122 seeking to have the trial of the case transferred from Cameron Parish. The motion was apparently denied.[3] Various reasons were given to justify the change. Defendant alleged that an indictment for negligent homicide had been sought from the Grand Jury in Cameron Parish and that, although a no true bill was returned, the presentation of the matter to the Grand Jury was given wide media coverage in the Cameron Parish area. Schlumberger also alleged that the deceased was a police jury member in Cameron Parish and his widow, Diane Faulk, had campaigned extensively for election to Faulk's police jury seat which became vacant upon his death. This campaign resulted in further publicity being given to Faulk's death. It was then alleged that, because the population of Cameron Parish was small, most if not all the members of the jury venire had been exposed to publicity relating to the accident which caused Faulk's death and to the candidacy of plaintiff Diane Faulk in seeking to succeed her husband.

*165 During the jury selection process, counsel probed particularly into the relationships of all prospective jurors subjected to voir dire examination which might indicate close friendship with plaintiffs' counsel, the deceased, or any of the plaintiffs. Several were challenged for cause, and the trial court excused all but one of five jurors so challenged by Schlumberger's counsel. Throughout voir dire examination, the trial judge was alert to discover any close relationships or friendships between the prospective jurors and the parties and counsel. Many were excused by the court on its own motion without the necessity of counsel having to challenge the prospective jurors either for cause or peremptorily. The trial court was quite diligent in screening the jury of jurors who might possibly have been unable to be objective and fair.

At the end of the jury selection process counsel for Schlumberger again renewed its motion for a change of venue on the ground that the jury selection had shown that it was impossible to obtain a jury in Cameron Parish which would be fair to non-residents (or little known residents) of Cameron Parish which involved local plaintiffs, particularly those represented by local counsel.

We have carefully read the transcript of the record covering the jury selection including the voir dire examination. We are not convinced that the trial court committed error in denying a change of venue. It may be that the situation in Cameron Parish is unique because of the fact that it is largely marsh land and has a small population. However, it is not the only parish in Louisiana whose population is sparse and where the number of local lawyers is small.

LSA-C.C.P. art.

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Bluebook (online)
412 So. 2d 162, 1982 La. App. LEXIS 6952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulk-v-schlumberger-well-services-lactapp-1982.