Henderson v. Nissan Motor Corp.

835 So. 2d 919, 2003 WL 118237
CourtLouisiana Court of Appeal
DecidedJanuary 14, 2003
Docket02-CA-337
StatusPublished
Cited by2 cases

This text of 835 So. 2d 919 (Henderson v. Nissan Motor Corp.) 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
Henderson v. Nissan Motor Corp., 835 So. 2d 919, 2003 WL 118237 (La. Ct. App. 2003).

Opinion

835 So.2d 919 (2003)

Yolanda Griffin HENDERSON, et al.
v.
NISSAN MOTOR CORPORATION, et al.

No. 02-CA-337.

Court of Appeal of Louisiana, Fifth Circuit.

January 14, 2003.
Rehearing Denied February 3, 2003.

*921 Thomas G. Wilkinson, Michael P. Ciaccio, Gretna, LA, and Jay M. Napolitano, New Orleans, LA, for plaintiffs-appellants—Fred and Yolanda Henderson.

Richard P. Ieyoub, Attorney General, Kathi Vernaci Logan, G. Scott Vezina, Special Assistant Attorney Generals, Appeal Counsel for State of Louisiana, Department of Transportation & Development, Vezina And Gattuso, Gretna, LA, for defendant-cross-appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.

CLARENCE E. McMANUS, Judge.

FACTS

On June 26, 1993, Fred Henderson ("Fred") was operating a 1998 Nissan 2000 SX on I-10 Eastbound in the left lane. Yolanda Henderson ("Yolanda") was a passenger in that vehicle. Christiane Schwartz ("Schwartz") was operating a 1992 Honda Accord on I-10 eastbound in the right lane. Fred was traveling about 55 miles per hour. He had just reduced his speed in anticipation of crossing the "Three Mile Bridge" just north of Laplace, Louisiana. Schwartz was traveling between 55 and 65 miles per hour. Before approaching the bridge, Schwartz crossed a portion of the roadway that had been repaired by the Louisiana Department of Transportation and Development just 4 months earlier. She testified at trial that she felt like her car had been struck from behind and she had run over something. She then lost control and veered into the left lane. She struck the right rear bumper of the Hendersons' car, causing his car to strike the guardrail and ricochet into the path of Schwartz's car. The passenger, Yolanda, was ejected from the car. As a result, she sustained serious, life threatening injuries. Yolanda and Fred filed a petition for damages naming Nissan, Schwartz, Schwartz's father as owner of the vehicle, two insurance companies and the Louisiana Department of Transportation and Development ("DOTD"). Barriere Construction ("Barriere") was later added as a defendant.

Barriere filed a motion for summary judgment arguing no liability because it had performed the work in accordance with plans furnished by the DOTD and DOTD had supervised and accepted the work. The trial court granted the motion for summary judgment. All other parties, except for the DOTD, settled with plaintiffs prior to trial.

A jury trial was then held and the jury found the highway to be unreasonably dangerous and the defect was a cause of the plaintiff's injuries. The jury also found Schwartz to be at fault in the cause of the accident. Fault was apportioned at 5% for the DOTD and 95% for Schwartz. The jury awarded Fred $125,000.00 for past mental anguish, $125,000.00 for past medicals and $125,000.00 for future medicals for a total award of $375,000.00. The jury awarded Yolanda a total of $3,200,000.00. This award included $1,000,000.00 for past pain and suffering and $1,000,000.00 for past mental anguish, $200,000.00 for past medicals, $500,000.00 for physical disability, and $500,000.00 for disfigurement.

Plaintiffs, Fred and Yolanda, then filed a motion for judgment notwithstanding the verdict arguing that the jury erred in allocating 95% fault to Schwartz and the jury erred in failing to award damages for future pain and suffering, past and future *922 loss of enjoyment of life, future mental anguish, past and future wage loss, loss of earning capacity, and future medical expenses. The trial court found that the allocation of fault and assessment of damages were questions of fact and that there was evidence upon which the jury may have concluded that Schwartz was negligent and the award of damages was within the jury's discretion. Therefore, the trial court denied the plaintiffs' motion and the jury verdict became the judgment of the court.

Plaintiffs now appeal the judgment arguing that the DOTD should have been held 100% at fault and Yolanda should have been awarded damages for future pain and suffering, future mental anguish, future medicals, past lost wages, loss of future earning capacity, and loss of enjoyment of life. They also argue that Fred should have been awarded damages for past pain and suffering, future pain and suffering, loss of enjoyment of life, and future mental anguish. The DOTD appeals arguing that it is not at fault in the cause of the accident.

DISCUSSION

A jury verdict is a factual finding and cannot be disturbed on appeal unless the trial court committed manifest error or a finding of fact is clearly wrong. Mart v. Hill, (La.1987) 505 So.2d 1120, citing Arceneaux v. Domingue, 365 So.2d 1330 (La. 1979).

Apportionment of Fault

At trial, the jury heard evidence from varying expert witnesses, who testified for both the defense and plaintiff. Those witnesses each formulated different opinions as to the cause of the accident. The plaintiff's expert, James Clary, testified that the "dip" in the highway could be unreasonably dangerous. Plaintiffs also presented the testimony of an accident reconstructionist, Dale Moore. The DOTD argues on appeal that Clary's testimony was not credible. He had no personal knowledge of the area and had only visited the site twice. The DOTD further argues that Moore's opinions were not supported by scientific evidence and his conclusions were vague. The DOTD presented Maurice Jordan as an expert in Highway Maintenance. Jordan testified that the road was not defective or hazardous to the motoring public after the patch was placed. The DOTD also presented David Hall as an expert in highway maintenance, design, safety, signing and accident reconstruction. Hall testified that there was no scientific evidence that the patch would have caused Schwartz to lose control of her vehicle and no evidence that the bouncing up and down would have caused her vehicle to move left. Hall further testified that the condition of the interstate was not unreasonably dangerous.

Deputy Blaine Wear of the St. John the Baptist Sheriff's office investigated the accident and testified at trial that there was an indentation or dip in the patch on the roadway. On his accident report, he noted this patch work was a contributing cause of the accident because it could cause someone to lose control of their vehicle.

After reviewing the testimonies presented at trial, we find the jury's verdict as to the apportionment of fault to be manifestly erroneous. We believe the DOTD's patch on the highway was a substantial cause of the accident. Therefore, we find the DOTD and Schwartz to each be 50% at fault in the cause of the accident.

Damages

Plaintiffs argue that the jury erred by not awarding the damages listed previously. First, Yolanda claims she is entitled to damages for past and future loss of enjoyment of life. She argues she is unable *923 to participate in those things she enjoyed before the accident, including sports. We find Yolanda is entitled to an award for loss of enjoyment of life and the jury was manifestly erroneous in failing to award damages for this loss. Yolanda testified at trial that she is unable to participate in activities like she did before the accident. She testified that she and Fred used to jog for exercise, but she is unable to do that now because of her injuries. Dr. Chad Millet, an orthopedic surgeon, testified that Yolanda has a permanent restriction in the motion of her left forearm and a permanent limp in her right leg, which could cause future arthritis in her lower back and/or hip. Dr.

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Related

Seals v. SHELTER INS. COMPANIES
894 So. 2d 1259 (Louisiana Court of Appeal, 2005)
Henderson v. Nissan Motor Corp.
869 So. 2d 62 (Supreme Court of Louisiana, 2004)

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Bluebook (online)
835 So. 2d 919, 2003 WL 118237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-nissan-motor-corp-lactapp-2003.