Fontenot v. Laperouse

774 So. 2d 278, 0 La.App. 3 Cir. 130, 2000 La. App. LEXIS 2743, 2000 WL 1693167
CourtLouisiana Court of Appeal
DecidedNovember 2, 2000
DocketNo. 00-130
StatusPublished
Cited by2 cases

This text of 774 So. 2d 278 (Fontenot v. Laperouse) 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
Fontenot v. Laperouse, 774 So. 2d 278, 0 La.App. 3 Cir. 130, 2000 La. App. LEXIS 2743, 2000 WL 1693167 (La. Ct. App. 2000).

Opinions

| WOODARD, Judge.

Ms. Thelma Fontenot, individually and as the natural tutrix for the minor child, Claudia Fontenot, and Shivone Hamilton filed suit for damages, arising out of an automobile accident, against Mr. James J. Laperouse and his insurer, Allstate Insurance Company (Allstate). Claudia later amended the petition to permit her to prosecute the action individually, as she [280]*280had reached the age of majority. A jury found Claudia to be 40% at fault in causing the accident and Mr. Laperouse to be 60% at fault. It awarded Claudia past medical expenses and $20,000.00 in general damages. Then, Claudia filed a motion for a judgment notwithstanding the verdict (JNOV) and, alternatively, a new trial. She alleged errors in the jury’s allocation of fault and award of damages. The trial court granted the JNOV and, in the alternative, a new trial as to the allocation of fault, finding Mr. Laperouse to be 100% at fault in causing the accident, and denied Claudia’s request to increase the damages which the jury had awarded. Claudia appeals, asserting that the jury erred in failing to award adequate damages for her injuries. Mr. Laperouse answered the appeal, alleging that the trial court erred in granting the JNOV and apportioning him with 100% of the fault. We affirm, modify the general damage award, and deny an award for damages for loss of future earning capacity.

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This appeal concerns an automobile accident that occurred on November 20, 1995, when a car, which Claudia operated, collided with Mr. Laperouse’s vehicle at the intersection of East Dale and Weldon Streets in New Iberia, Louisiana. As Claudia traveled west on East Dale Street, she approached the Weldon Street intersection. Traveling in a northerly direction on Weldon Street, Mr. Laperouse attempted to cross the intersection. Claudia struck his vehicle in the side. Her passengers included Shivone Hamilton and her son.

On November 19, 1996, Ms. Thelma Fontenot, individually and as natural tutrix of her minor child, Claudia, and Shivone filed suit against Mr. Laperouse and his insurer, Allstate, for the injuries which the accident allegedly caused. Claudia alleged that she had sustained injuries to her left elbow and back, including a herniated disc pat L3-4 with displacement at the L3 root and a bulging disc at L4-5. The petition requested general damages, loss of past wages and future earning capacity, and past and future medical expenses. Ms. Fontenot, individually, asserted a claim for loss* of consortium.

A jury heard the case on February 9, 1999. It found Mr. Laperouse to be 60% at fault and Claudia to be 40% at fault in causing her damages. It awarded her $20,000.00 in general damages and $4,781.00 in past medical expenses but made no award for future medical expenses, disability, past and future lost earnings, or loss of earning capacity, nor did it award Ms. Fontenot any loss of consortium damages.

On April 27, 1999, Claudia filed a motion for JNOV, or, in the alternative, for an additur or a new trial. She asserted a claim for a JNOV on the issues of liability and damages and argued that the jury erred in its findings of fault and failed to award an adequate amount of damages. The trial court granted her motion for a JNOV on the issue of liability but denied the motion as to damages. It determined that Claudia had no responsibility for the accident and re-allocated 100% of the fault to Mr. Laperouse.

Claudia appeals, asserting error in the jury’s award of damages and seeking an increase in quantum. Mr. Laperouse answered the appeal, asserting that the trial court erred in granting Claudia’s JNOV on the issue of liability.

Judgment Notwithstanding the VeRdict

The Louisiana Supreme Court, in Peterson v. Gibraltar Sav. & Loan,1 explained the circumstances under which it is appropriate for the trial court to grant a motion for JNOV. The court stated:

[281]*281JNOV is warranted only when the facts and inferences, viewed in the light most favorable to the party opposing the motion, is [sic] so strongly and overwhelmingly in favor of the moving party that reasonable men could not arrive at a contrary verdict; the motion should be granted only when evidence points so strongly in favor of the moving party that reasonable men could not reach different conclusions, not merely when there is a preponderance of evidence for the mover.

lain reviewing a JNOV on appeal, an appellate court determines whether the trial court erred in granting a JNOV by applying the same criteria as required of the trial court in deciding whether or not to grant the motion.2

At trial, several witnesses explained their version of the events leading up to the automobile accident. Claudia testified first. The trial transcript contains the following colloquy between Claudia and her counsel:

Q Okay. Tell us what happened as you drove ... down East Dale Street headed towards Weldon?
A Well, we were driving down Dale Street to go to the bank; and, like, all of a sudden, there was a car in front of us,—
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A —and we hit him.
Q Okay. And what direction was he coming from?
A The left.
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Q Okay. How much notice did you have that he was going to do this?
A None. He just all of a sudden was in front of us.
Q How fast were you going at the time?
A About 20 to 25 miles per hour.
Q What did you do when he pulled out in front of you?
A I didn’t have time to do anything.

Claudia testified that she did not have time to apply her brakes or take evasive action to avoid the accident. When questioned on cross-examination, she explained that she did not see, nor did she know, if Mr. Laperouse stopped at the stop sign prior to entering the intersection. Shi-vone, a passenger in the Fontenot vehicle, | ¿corroborated Claudia’s version of the accident by testifying that they were traveling on East Dale Street at approximately twenty-five miles per hour when Mr. La-perouse’s vehicle pulled “right out in front” of them. She further stated that the first time she saw Mr. Laperouse’s vehicle was as it pulled into the intersection from her left.

Also, Claudia presented Ms. Toyla Gilbert Charles’ testimony. Ms. Charles testified that, while stopped on Weldon Street at its intersection with East Dale waiting for the traffic to pass, she saw Mr. Laper-ouse’s vehicle traveling toward the stop sign on the opposite corner and go through the sign without stopping. Mr. Laper-ouse’s counsel cross-examined Ms. Charles as to whether or not she really saw Mr. Laperouse run the stop sign, by questioning her about her statement in a prior deposition in which she indicated that, while she was stopped at the stop sign, she was flipping through papers with her head down. Nevertheless, Ms. Charles simply repeated that she saw Mr. Laperouse fun the stop sign.

Next, Mr. Laperouse presented his version of events leading up to the accident, as follows:

Q Okay. Did you stop at the stop sign facing Weldon as you came to Dale Street?

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Bluebook (online)
774 So. 2d 278, 0 La.App. 3 Cir. 130, 2000 La. App. LEXIS 2743, 2000 WL 1693167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fontenot-v-laperouse-lactapp-2000.