Hampton v. State

496 So. 2d 452, 1986 La. App. LEXIS 7903
CourtLouisiana Court of Appeal
DecidedOctober 15, 1986
DocketNos. CA 85 0690, CA 85 0835
StatusPublished
Cited by2 cases

This text of 496 So. 2d 452 (Hampton v. State) 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
Hampton v. State, 496 So. 2d 452, 1986 La. App. LEXIS 7903 (La. Ct. App. 1986).

Opinion

JOHN S. COVINGTON, Judge.

This is the fourth time this case has been before us on appeal. We submit, but for a stipulation made by Department of Corrections’ original counsel, one appeal would have sufficed. Earlier decisions are reported at 361 So.2d 257 (La.App. 1st Cir.1978); 376 So.2d 980 (La.App. 1st Cir.1979), writ denied, 378 So.2d 432 (1979); and 434 So.2d 433 (La.App. 1st Cir.1983). In CA 85 0690, defendant State of Louisiana, through the Department of Corrections, hereafter DOC, appealed the trial court judgment reviving the much discussed stipulation. See previous decisions. Plaintiff-appellee’s motion to dismiss the appeal of CA 85 0690 on the basis of prematurity was denied. 476 So.2d 815 (La.App. 1st Cir.1985).

Both plaintiff and defendant appealed the judgment fixing the amount of general and special damages in CA 85 0835. On the court’s own motion, CA 85 0690 and CA 85 0835 have been consolidated for purposes of argument and decision because both appeals arose out of the same litigation with the same facts common to each. Plaintiff’s mother has been substituted as plaintiff-appellee in CA 85 0690 and as plaintiff, first appellant in CA 85 0835.1

FACTS

On March 13, 1975, Eugene Hampton, an inmate at Louisiana State Penitentiary, Angola, Louisiana, a facility operated by DOC, was moved to Cell Block A Lockdown and placed in a cell with Joe Ferrell. Shortly after midnight inmate Bertrand Brown, another occupant of Cell Block A, threw some acid on Hampton, the lone occupant of the cell at the time because Ferrell had been admitted to the prison hospital soon after Hampton was transferred to the cell. Brown expressed surprise that he had thrown acid on Hampton and apologized for doing so when he realized he had not thrown the acid on the person intended. No animosity or ill will existed between Hampton and Brown, at least before the acid throwing incident. The acid, mixed with syrup, produced disfiguring burns on Hampton’s head, face, neck and upper torso. Some reconstructive surgery was done during the approximate four months be[454]*454tween Hampton’s release from Angola in February, 1979 and his subsequent re-entry to Angola in June, 1979 for a felony committed after his release from prison. No reconstructive surgery was done between the date of his injuries and his release in February, 1979 or during the time of his subsequent prison term of June, 1979 to June, 1984 because DOC had a policy not allowing reconstructive surgery on inmates.

PREVIOUS APPELLATE DECISIONS

For the sake of completeness and understandability, we will briefly review the three previous decisions of this court in this litigation which has doubtlessly been protracted because of a stipulation made by DOC’s original counsel, via amendment to the pre-trial order, the effect of which stipulation was to admit liability on the part of DOC.

HAMPTON I

DOC’s controversial and much litigated stipulation is as follows: “The plumber’s acid in question in this case was distributed to inmates by Angola Officials for the purpose of cleaning commodes. Only a quarter of a cup of cleaner was distributed at any one time and inspections were made to determine if the commodes had been cleaned.”

At the opening of the first trial, DOC stated its desire to withdraw the stipulation on the ground that it had been made as the result of an error in fact and, over objection of Hampton, produced testimony which contradicted the stipulation by showing that no acid had been distributed to inmates in Cell Block A Lockdown. Relying on the stipulation as the bedrock of his claim of DOC’s liability, Hampton argued that he was not prepared to prove the facts set forth in the stipulation because those facts had been admitted by DOC. From the trial court’s judgment in favor of DOC which was held free of negligence, plaintiff appealed.

The trial court judgment was reversed and the matter remanded for an evidentia-ry hearing so “the trial judge can then determine if the stipulation was made by the State through an error in fact, and, if so, can permit the State to withdraw therefrom, and make a finding as to whether the State was negligent in its handling of acid.” 361 So.2d 257, 259. Additionally, we reasoned, in part, as follows: “ ... [W]e are of the opinion that if the State, in fact, distributed acid to the inmates without supervising them closely in the use thereof, that it was guilty of negligence. The stipulation ..., coupled with the fact that this incident occurred, necessarily lead to that conclusion.” 361 So.2d 257, 259.

HAMPTON II

On remand, the trial court heard the testimony of three officials and employees of DOC as well as that of DOC’s original counsel and held the stipulation was made in error of fact and allowed DOC to withdraw it and used the same unrebutted testimony as being dispositive of DOC’s alleged negligence, finding none, and again dismissed plaintiff’s suit.

Plaintiff again appealed. In affirming the trial court’s holding that the stipulation was made in error of fact, we reasoned, in part, as follows: “The trial court obviously accepted this testimony at its face value and concluded the stipulation was entered into in error. Our independent review of the record leads to the same conclusion.” 376 So.2d 980, 982-983.

Finding merit in plaintiff’s argument that it was error to use the same testimony alluded to in the above excerpt to be dispos-itive of the negligence issue, we reasoned, as follows:

The testimony offered by the State was not offered to prove its lack of negligence but solely to establish its contention that the stipulation was entered into in factual error. After concluding that the stipulation was indeed entered into through error, the trial court should have given [plaintiff] Appellant a continuance to prepare the presentation of his case on the merits of Defendants’ alleged negligence, inasmuch as Appellant could no longer rely upon the stipulation. Under [455]*455the circumstances, Appellant could not have expected to anticipate the court’s ruling on the stipulation. We deem it elementary that Appellant must be afforded a fair opportunity to present whatever evidence he can, especially since the testimony produced by the State on the question of error as to the stipulation, indicates that certain employees of the State, who were not called by the State when the matter was on remand, have information concerning the manner in which the acid was distributed.
376 So.2d 980, 983. (Brackets supplied.)

We reversed the judgment dismissing plaintiffs suit and remanded to the trial court “with instructions to proceed to the trial of this case on the merits.” 376 So.2d at 983.

HAMPTON III

After the remand ordered in Hampton II, “plaintiff exercised his procedural prerogatives as provided in La.C.C.P. art. 1421, et seq., and [on March 20, 1980] propounded five interrogatories to defendant.” 434 So.2d 433 at 434. “These interrogatories were quite broad in nature, and apparently were designed to help plaintiff discover facts which would aid him in proving his case.” 434 So.2d at 434-435. The interrogatories are set out verbatim at pages 434 and 435 of 434 So.2d and are too lengthy to repeat here.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Horton v. McCary
635 So. 2d 199 (Supreme Court of Louisiana, 1994)
Hampton v. State ex rel. Department of Corrections
497 So. 2d 1389 (Supreme Court of Louisiana, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
496 So. 2d 452, 1986 La. App. LEXIS 7903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hampton-v-state-lactapp-1986.