Hollier v. Lay Down Service, Inc.

554 So. 2d 746, 1989 La. App. LEXIS 2517, 1989 WL 151410
CourtLouisiana Court of Appeal
DecidedDecember 13, 1989
DocketNo. 88-929
StatusPublished
Cited by3 cases

This text of 554 So. 2d 746 (Hollier v. Lay Down Service, Inc.) 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
Hollier v. Lay Down Service, Inc., 554 So. 2d 746, 1989 La. App. LEXIS 2517, 1989 WL 151410 (La. Ct. App. 1989).

Opinion

KNOLL, Judge.

A jury found Lay Down Service, Inc. liable to Francis Hollier for personal injuries he received when a 1500 to 2000 pound trough it used to lay down pipe fell and struck Hollier in the back. The jury awarded Hollier $625,000 damages. In the formal judgment the trial court recognized the entitlement of Cliffs Drilling, Hollier’s employer, to reimbursement of worker’s compensation benefits it paid.

Lay Down appeals, contending the trial court erred: (1) in applying an incorrect standard of review when it denied its motion for JNOV on the issue of liability; (2) in refusing to grant its motion for JNOV because it found that reasonable men could not conclude other than that Lay Down’s actions were the legal cause of Hollier’s injury; (3) in refusing to’ grant Lay Down’s motion for JNOV on the issue of the extent of Hollier’s entitlement to damages for the future loss of wages, and future medical expenses. We affirm.

FACTS

On June 26, 1983, Hollier was working for Cliff’s Drilling as the derrickman on a surface drilling rig. Shortly before 3:00 a.m., Lay Down personnel, John Hinson [748]*748and Frank Butcher, commenced lay down operations. After the lay down operation was started, Hinson and Butcher suspended their operation just after laying down the first joint of pipe, and went to the lower section of the rig to straighten the sleeve that holds the gin pole to which the lay down equipment is connected. Hinson and Butcher left the trough resting on the two 2 inch “ears” on its stand, and slacked the cable which pulled the trough to and from the rig. The record does not show how high above Hollier’s head the trough was, but the trough was on a catwalk and the trough stand is approximately two and one half to three feet in height; therefore, the trough was several feet above Hollier’s head. While Hinson and Butcher were straightening the gin pole sleeve, Hollier began rolling pipe at the pipe rack about eight feet from the trough. Hollier testified that as he was rolling pipe, he saw the trough falling toward him. As Hollier attempted to flee, the trough struck him in the back and knocked him to the ground.

As a result of the accident, Hollier injured his neck, back, and wrist. Eventually he underwent a lumbar fusion at the L4-5 level, and surgery on his left hand was required to relieve a carpal tunnel syndrome.

The jury found Lay Down totally at fault for causing the accident, and awarded Hol-lier $200,000 for general damages, $350,000 for loss of earnings, past and future, and $75,000 for medical expenses, past and future.

JUDGMENT NOTWITHSTANDING THE VERDICT

Lay Down contends that, considering all of the evidence in light of and with reasonable inferences most favorable to Hollier, reasonable minds could not conclude other than that Lay Down did not act negligently. On this basis, Lay Down argues that the trial court applied an incorrect standard of review and should have granted its motion for JNOV or, in the alternative, its motion for new trial.

The standard for determining the propriety of granting a JNOV is the same as used to determine whether a directed verdict should be granted. Rougeau v. Commercial Union Ins. Co., 432 So.2d 1162 (La.App. 3rd Cir.1983), writ denied, 437 So.2d 1149 (La.1983). In Rougeau, at page 1166, we stated:

“Louisiana courts adopted the standard for ruling on a motion for a directed verdict applied by the Federal courts. That standard was enunciated by the Third Circuit in Campbell v. Mouton, 373 So.2d 237 (La.1979), which quoted the following language of the U.S. Fifth Circuit Court of Appeal in Boeing v. Shipman, 411 F.2d 365 (5th Cir.1969):
‘On motions for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the evidence — not just that evidence which supports the non-mover’s case— but in the light and with all reasonable inferences most favorable to the party opposed to the motion. If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court believes that reasonable men could not arrive at a contrary verdict, granting of the motions is proper. On the other hand, if there is substantial evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motions should be denied, and the case submitted to the jury.’
In applying this standard the court can not weigh the evidence, pass on the credibility of the witnesses, or substitute its judgment of the facts for that of the jury. Campbell v. Mouton, 373 So.2d 237 (La.App. 3rd Cir.1979).”

In reviewing a JNOV we apply the manifest error rule to the judge’s conclusions on liability and quantum. Lopez v. Chicago Bridge and Iron Co., 546 So.2d 291 (La. App. 3rd Cir.1989), writ denied, 551 So.2d 1323 (La.1989).

Lay Down’s first argument is that in rejecting its motion for JNOV, the trial court used an improper standard. Lay Down focuses on the trial court’s state[749]*749ment at the end of its written reasons for judgment that it would not second-guess the jury’s decision unless there was a complete absence of probative facts to support the jury verdict. It argues that this statement shows that the trial court used the “scintilla rule” which the courts utilized prior to Boeing and Campbell. We disagree.

The trial court quoted in extenso that portion of the Boeing opinion which is applicable to the disposition of motions for JNOV. In addition, the trial court analyzed the testimony in light of that standard, finding credibility determinations which the jury was required to resolve, evidence about various theories of negligence from which it could draw its conclusions about Lay Down’s liability, and expert testimony on both sides regarding Holder's loss of income and the need for future medical treatment. After carefully reviewing the entirety of the trial court’s written reasons for judgment, we cannot say that it applied an incorrect standard in denying Lay Down’s motion for JNOV.

Lay Down’s major argument to the jury was that Hollier was responsible for causing the accident. It argued that Hollier raised the arm of the trough stand, causing the trough to disengage and fall on him. The jury rejected this argument. In its response to special verdict interrogatories, the jury decided that Hollier was not at fault, and that Lay Down was the sole cause of the accident. After carefully reviewing the evidence, we cannot say that the jury determination of this issue was manifestly erroneous.

Notwithstanding, Lay Down contends that even if the jury resolved the credibility issue of whether Hollier caused the trough to fall adverse to its contention, Hollier nonetheless failed to present sufficient factual evidence by which reasonable minds may conclude that Lay Down acted in a negligent manner. It argues that the jury’s determination of Lay Down’s liability is so speculative and unreasonable that it was the duty of the trial court to render JNOV.

In Rougeau, at page 1167, we further stated:

“The party against whom a motion for judgment notwithstanding the verdict is made must be given the benefit of every legitimate and reasonable inference that can be drawn from the evidence by the jury.

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554 So. 2d 746, 1989 La. App. LEXIS 2517, 1989 WL 151410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollier-v-lay-down-service-inc-lactapp-1989.