Hughes v. Gulf Intern.

593 So. 2d 776, 1992 WL 5544
CourtLouisiana Court of Appeal
DecidedJanuary 16, 1992
Docket91-CA-0495
StatusPublished
Cited by11 cases

This text of 593 So. 2d 776 (Hughes v. Gulf Intern.) 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
Hughes v. Gulf Intern., 593 So. 2d 776, 1992 WL 5544 (La. Ct. App. 1992).

Opinion

593 So.2d 776 (1992)

Yvonne L. HUGHES, Individually and on Behalf of her Minor Children, Malika I. Evans and Maisha Evans
v.
GULF INTERNATIONAL and/or Eastlake Cinema Eight Theatre, et al.

No. 91-CA-0495.

Court of Appeal of Louisiana, Fourth Circuit.

January 16, 1992.
Writ Denied April 3, 1992.

*778 Joseph W. Thomas, New Orleans, for plaintiffs-appellees.

Michael E. Holoway, Jack E. Truitt, James A. Williams, Holoway, McQuaig, Solomon & Dyer, Metairie, for defendants-appellants.

Before LOBRANO and PLOTKIN, JJ., and GULOTTA, J., Pro Tem.

JAMES C. GULOTTA, Judge Pro Tem.

Defendants Gulf NATO Theatres, Inc. and LaDoris Manning appeal a trial court judgment awarding plaintiff Yvonne L. Hughes damages for assault and battery and for false arrest and imprisonment, as well as a judgment awarding Ms. Hughes' daughter Maisha Evans damages for assault and battery. We reverse the portion of the judgment finding defendants liable for false arrest and imprisonment, and affirm the trial court's decision on the other liability issues, but reduce the damage awards, which were excessive.

I. FACTS

This litigation grows out of an incident at the Eastlake Cinema 8 Theater in New Orleans East, which occurred on March 30, 1986, Easter Sunday. Ms. Hughes attended a movie at the defendant's cinema after church that day, along with her two 13-year-old twin daughters, Maisha and Malika, and a 15-year-old companion, Tamika Grant. The testimony presented at trial concerning some of the details of the incident was inconsistent, but the following facts are uncontested:

After the parties had selected seats for the movie in the screening room, Maisha asked her mother for money to go to the concession stand. While at the stand, Maisha had a verbal confrontation with the defendant, Ms. Manning, who was working behind the counter. When Maisha returned to her seat, she told her mother about the incident, which prompted Ms. Hughes to return to the concession counter with her daughter.

After Ms. Hughes approached Ms. Manning, the situation quickly deteriorated into a shouting match. Assistant Manager Mike Curtis, who was acting as manager that day, approached the women to determine the problem. Eventually, Mr. Curtis asked Ms. Hughes to leave the theater. She initially refused, then insisted on going back into the screening room to get Malika and Tamika. Although Mr. Curtis refused to allow her to return to the screening room, she nonetheless started advancing in that direction.

About this time, Andre Scott, a security guard who worked for Highway Patrol Security, Inc. patrolling the entire Eastlake Mall, arrived on the scene. He joined Mr. Curtis in trying to prevent Ms. Hughes from going back into the screening room. At some point while the group was advancing toward the screening room, Ms. Hughes bit Mr. Curtis on his upper arm. Mr. Curtis delivered a karate chop to the back of Ms. Hughes' neck, and she fell to the floor. When the New Orleans Police arrived, Ms. Hughes was arrested and taken to Central Lockup; her daughters accompanied her in the police car. She was immediately released after being booked with causing a disturbance, battery, and criminal damage. Those charges were eventually nol prossed.

Aside from the above facts, the description of the events as related at trial by the two sides varied dramatically. The plaintiffs claim that Ms. Manning was very rude to Maisha when she approached the concession stand, while the defendants claim that Maisha was very rude to Ms. Manning. The plaintiffs claim that Ms. Manning instigated the confrontation with Ms. Hughes *779 when she returned to the lobby with her daughter, while the defendants claim that Ms. Hughes instigated the confrontation. The plaintiffs claim that Ms. Hughes was struck several times by both Mr. Curtis and Mr. Scott during the ensuing incident, while the defendants claim that the karate chop delivered by Mr. Curtis was for the sole purpose of getting Ms. Hughes to let go of his arm and was the only blow delivered by any of the defendants. The plaintiffs also claim that Mr. Curtis threw Maisha against a wall after she returned from the screening room with Malika and Tamika, while the defendants claim that no one ever touched either of the girls, except perhaps while trying to control the incident and keep people out of harm's way. Numerous other inconsistencies in the two accounts are revealed in the record.

On behalf of herself and her minor children, Ms. Hughes filed suit for assault and battery, as well as for false arrest and imprisonment, against Gulf NATO Theatres, Inc., which owned the Eastlake Cinema Eight Theatres; its employees, LaDoris Manning and Mike Curtis; the security guard, Andre Scott; and his employer, Highway Patrol Security, Inc.

After a four-day trial, a jury found that Ms. Hughes had been unjustly assaulted and battered by the theater, its employees and Mr. Scott, and that the theater employees, but not Mr. Scott, had used excessive force in repelling any attack Ms. Hughes committed on them. Additionally, the jury found that the theater employees, but not Mr. Scott, had unreasonably caused the arrest and imprisonment of Ms. Hughes. The jury assigned the following percentages of fault: Ms. Hughes, 30 percent; Mr. Scott, 10 percent; and theater employees, 60 percent.

The jury also found that Maisha suffered assault and battery at the hands of theater employees, assigning 10 percent of the fault for those damages to Maisha and 90 percent to the theater employees. The jury set the plaintiffs' awards as follows: Ms. Hughes, $135,000; Maisha, $30,000; and Malika, $30,000.

The trial court entered judgment awarding Ms. Hughes $81,000 against Gulf NATO Theatres and $13,500 against Highway Patrol and Mr. Scott. Maisha was awarded $27,000 against Gulf NATO Theatres. Malika's claim was dismissed by the trial court because it was inconsistent with the jury's express finding that Malika was not assaulted or battered by any of the defendants. Highway Patrol satisfied the judgment by paying Ms. Hughes $8,250. Gulf NATO Theatres and LaDoris Manning filed this appeal, making numerous assignments of error, all of which fall roughly into the following three categories: liability, damages, and impeachment.

II. LIABILITY

The defendants contest all of the jury's findings on liability for the alleged assault and battery of Ms. Hughes and Maisha, and for the alleged false arrest and imprisonment of Ms. Hughes.

A. Assault and Battery

Concerning the assault and battery of Ms. Hughes, the defendants argue that the jury was clearly wrong in two respects: (1) failing to find that Ms. Hughes was the aggressor in the incident and thus not entitled to damages, and (2) finding that the theater employees, especially Mr. Curtis, used excessive force in repelling Ms. Hughes' attack. The defendants also claim that Maisha failed to prove by a preponderance of the evidence that she was assaulted and battered by theater employees.

After reviewing the record, we affirm the trial court judgment on the assault and battery issues. As stated above, the stories related by the two sides of the controversy at trial were greatly disparate. In such a situation, the jury verdict is based entirely on credibility determinations. Appellate court review of the trial court findings based on credibility calls has been severely limited, as evidenced by the following quote from Rosell v. ESCO, 549 So.2d 840 (La.1989):

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Bluebook (online)
593 So. 2d 776, 1992 WL 5544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-gulf-intern-lactapp-1992.