Fletcher v. Langley

631 So. 2d 693, 1994 WL 30371
CourtLouisiana Court of Appeal
DecidedFebruary 2, 1994
Docket93-624
StatusPublished
Cited by15 cases

This text of 631 So. 2d 693 (Fletcher v. Langley) 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
Fletcher v. Langley, 631 So. 2d 693, 1994 WL 30371 (La. Ct. App. 1994).

Opinion

631 So.2d 693 (1994)

Everett W. FLETCHER, Mable Melba Fletcher, and Debbie Ann Fletcher, Plaintiffs-Appellees,
v.
Ray LANGLEY, Superior Tire, Inc., Hughes Pumpelly, Allstate Insurance Company, and State Farm Mutual Automobile Insurance Company, Defendants-Appellees.

No. 93-624.

Court of Appeal of Louisiana, Third Circuit.

February 2, 1994.

*694 James J. Cox, Terrell DeWight Fowler, Lake Charles, for Everett W. Fletcher et al.

Maurice L. Tynes, Lake Charles, for Ray Langley et al.

Before DOUCET and KNOLL, JJ., and CULPEPPER[*], J. Pro Tem.

DOUCET, Judge.

This is an appeal from a suit for damages arising from an automobile accident.

On October 28, 1988, Everett Fletcher was driving his 1979 Mercury northward on Louisiana Highway 14 in Lake Charles. He was accompanied by his wife, Mable Fletcher, and his two mentally handicapped adult children. As Mr. Fletcher began to make a right hand turn off Highway 14, his car was struck on the left rear bumper by a Ford F-150 half-ton truck operated by Ray Langley and owned by Superior Tire, Inc. The truck was traveling at about 10 miles per hour. As a result of the accident, Everett Fletcher, 61 years of age, claimed aggravation of a previous back injury and a ruptured disc in his neck. He claims $15,106.75 in medical bills. Mable Fletcher, 71 years of age, alleged neck and back strain, and aggravation of an arthritic condition and a previous surgery. She claims medical bills incurred as a result of the accident totaling $3,783.50. Suit was filed on June 30, 1989, against Ray Langley, Superior Tire, Inc., Hughes-Pumpelly, Allstate Insurance Company, and State Farm Mutual Automobile Insurance Company. The case was tried before a jury on May 30, 1991. The jury awarded the plaintiffs $400 in property damages. No personal injury damages were awarded. Plaintiffs then filed a Motion for New Trial. The motion was granted and a second jury trial was held on *695 December 7, 1992. The second jury found defendants liable and awarded $288.23 in property damage. The jury found no injuries were incurred by the Fletchers as a result of the accident. Plaintiffs appeal.

Plaintiffs argue they were denied their right to a fair and impartial jury. After the second jury returned a verdict against the plaintiffs' personal injury claims, plaintiffs filed a Motion for New Trial averring that the jury foreman, Luther Dupuis, falsely answered voir dire questions as to whether or not he had ever been sued. After a hearing where the juror testified, the trial court denied the motions. The trial court found the juror was not dishonest and the verdict was not affected.

The question presented for our review is whether the trial court committed manifest error when it denied the motion for new trial based on prejudicial error. LSA-C.C.P. art. 1972 states, in pertinent part, the following:

A new trial shall be granted, upon contradictory motion of any party, in the following cases:
* * * * * *
(3) When the jury was bribed or has behaved improperly so that impartial justice has not been done.

At the hearing, Luther Dupuis testified he forgot about a lawsuit filed by plaintiffs' counsel when he turned the claim over to his insurance company. The claim was compromised and dismissed. Mr. Dupuis testified that the suit against him was of little consequence to him, not a source of bias, and that he did not intentionally mislead the court.

The denial of a motion for new trial is discretionary with the trial court and should not be reversed absent an abuse of that discretion. Perkins v. Fontenot, 548 So.2d 369 (La.App. 3 Cir. 1989). We cannot say the trial court erred when it found no intentional juror misconduct. Louisiana jurisprudence does not favor new trials especially when the judgement is supported by the record. Brown v. State Through DOTD, 572 So.2d 1058 (La.App. 5 Cir.1990), on rehearing clarified, 577 So.2d 1226 (La.App. 5 Cir.), writ denied, 581 So.2d 710 (La.1991).

In their answer to plaintiffs' appeal, defendants allege the trial court manifestly erred when it granted plaintiffs' Motion for New Trial following the first jury trial based upon the grounds that the verdict was clearly contrary to the law and the evidence. The trial court, in granting the motion, found that the jury responses in the jury interrogatories were impossible to reconcile with the facts presented at the trial where the jury failed to find someone at fault in causing the accident.

The grant of a motion for new trial is discretionary with the trial court. LSA-C.C.P. art. 1978.

The discretionary power to grant a new trial must be exercised with considerable caution for a successful litigant is entitled to the benefits of a favorable jury verdict. Fact-finding is the province of the jury and a trial court must not overstep its duty in overseeing the administration of justice and unnecessarily usurp the jury's responsibility. A motion for new trial solely on the basis of being contrary to the evidence is directed squarely at the accuracy of the jury's factual determinations and must be viewed in that light. Thus the jury's verdict should not be set aside if it is supportable by any fair interpretation of the evidence.

Gibson v. Bossier City General Hosp., 594 So.2d 1332, 1336 (La.App. 2 Cir.1991).

It is not clear from the verdict sheet whether the jury found negligence on the part of Ray Langley. However, the jury awarded property damages to the plaintiffs. In light of the above stated principles we find the trial court did not abuse its discretion in granting the motion.

Plaintiffs next aver the trial court failed to properly instruct the jury that, if plaintiffs sustained some injuries in the accident, the degree of the injury sustained cannot be measured by the minimal force of the collision.

We have held that the minimal or minor nature of an automobile accident is a fact which may be considered by the jury. Coleman v. U.S. Fire Ins. Co., 571 So.2d 213 (La.App. 3 Cir.1990); Delahoussaye v. State *696 Farm Mutual Auto. Ins. Co., 520 So.2d 891 (La.App. 3 Cir.1987), writ denied, 522 So.2d 561 (La.1987). Therefore, we find the trial court did not err by failing to give plaintiffs' requested jury instruction.

Lastly, plaintiffs urge that the jury committed manifest error in not finding they were injured as a result of the accident. Our evaluation of causation involves consideration of the Fletchers' medical conditions prior to the accident in question and following the accident.

Everett Fletcher suffered from the lumbar disc disease which ultimately required surgery on his lower back in 1974 or 1975. After the surgery he became disabled. Subsequently, his back problems worsened and he was placed on social security disability. He also qualified for and received a handicapped license plate. Mr. Fletcher's preaccident medical history also includes treatment for diabetes, arterial fibrillation, high blood pressure, hypertension, and ulcers. Mr. Fletcher claims the afternoon following the accident he began having pains in his lower back and neck. The evening of the accident he was seen by the emergency room doctor at St. Patrick's Hospital where he received a surgical collar.

On November 9, 1988, he was seen by Dr. Bernauer, an orthopaedic surgeon. He complained of pain in his neck and lower back which radiated into his hip. He informed Dr. Bernauer of his involvement in a vehicular accident and that he had had back surgery. Dr.

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