Iwamoto v. Wilcox

900 So. 2d 1047, 2005 WL 767726
CourtLouisiana Court of Appeal
DecidedApril 6, 2005
Docket2004-1592
StatusPublished
Cited by8 cases

This text of 900 So. 2d 1047 (Iwamoto v. Wilcox) 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
Iwamoto v. Wilcox, 900 So. 2d 1047, 2005 WL 767726 (La. Ct. App. 2005).

Opinion

900 So.2d 1047 (2005)

Dean IWAMOTO
v.
James M. WILCOX, et al.

No. 2004-1592.

Court of Appeal of Louisiana, Third Circuit.

April 6, 2005.
Rehearing Denied May 18, 2005.

*1048 James P. Doherty, Jr., Andrus & Doherty, Opelousas, LA, for Plaintiff/Appellee, Dean Iwamoto.

Janice M. Reeves, Hannah, Colvin & Pipes, L.L.P., Baton Rouge, LA, for Plaintiff/Appellee, Dean Iwamoto.

John L. Olivier, Olivier & Brinkhaus, Sunset, LA , for Defendants/Appellants, Buck Wheat Game Farm, Wilcox Poultry Farm, James Wilcox Trudy Cournyea, Indv.

Thomas M. Daigle, Lafayette, LA, for Defendant/Appellee, Allan Wheeler.

Court composed of JIMMIE C. PETERS, MARC T. AMY, and ELIZABETH A. PICKETT, Judges.

AMY, Judge.

As the plaintiff attempted to feed livestock owned by defendants, his left foot was injured when one of the defendant's *1049 employees lowered a shredder attached to a tractor onto it. The plaintiff brought suit against the farm owners and the equipment operator for injuries he sustained in the accident, and was awarded $50,000.00 in general damages as well as special damages for past and future medical expenses. The farm owners appeal, asserting that they are not liable for the plaintiffs injuries or, alternatively, that the plaintiff should be assessed ninety percent comparative fault; they also challenge the amount of damages awarded. For the following reasons, we affirm.

Factual and Procedural Background

The record indicates that James Wilcox and Trudy Cournyea owned a piece of property on which they operated Wilcox Poultry Farm, growing and selling fighting roosters. Mr. Wilcox and Ms. Cournyea employed Allan Wheeler to help care for the roosters. Mr. Wilcox and Mr. Wheeler both described the feeding routine for the farm, explaining that a tractor with an attached shredder was often used to assist feedings. Five-gallon buckets of feed were placed upon the shredder, which the tractor pulled along the Wilcox-Cournyea property to feed the roosters at various locations. At each stop, the workers would remove a bucket from the shredder and spread the feed.

Mr. Wilcox and Ms. Cournyea leased an attached portion of their property to Arthur Alzate, who also raised fighting roosters. Mr. Alzate employed the plaintiff, Dean Iwamoto, who lived on Mr. Alzate's leased property and cared for roosters owned by the two men (Mr. Alzate and Mr. Iwamoto). Mr. Iwamoto testified that on November 4, 2000, at approximately 2:30 p.m., he had finished feeding the roosters he and Mr. Alzate owned and was helping Mr. Wheeler and another employee of Wilcox Poultry Farm to feed the farm's six hundred roosters.

Mr. Wheeler stated that he retrieved the tractor, with the shredder loaded with buckets of feed, and drove it a short distance with the shredder lifted approximately twelve inches off of the ground. He said that, as he approached his first location, he saw Mr. Iwamoto and another worker waiting to assist him; he testified that he saw Mr. Iwamoto begin walking toward the tractor as he made a large "Uturn" to position the tractor before stopping. Mr. Wheeler testified that he turned the tractor's engine off and then engaged the hydraulics to lower the shredder. Mr. Iwamoto testified that, upon seeing Mr. Wheeler turn off the engine, he approached the shredder to retrieve a bucket and begin feeding the roosters. Mr. Iwamoto said that he walked up close to the shredder so that he could lean in to lift the bucket off of the shredder. As he reached for the bucket, Mr. Wheeler unwittingly lowered the shredder, which came to a rest on top of Mr. Iwamoto's foot. Mr. Wheeler, hearing the screams of Mr. Iwamoto and the other employee, raised the shredder and released Mr. Iwamoto's foot. Mr. Iwamoto was immediately taken to the hospital, where he received extensive treatment for the injuries he sustained to his left foot.

The plaintiff brought the following suit against Mr. Wilcox, Ms. Cournyea, Wilcox Game Farm and Mr. Wheeler, seeking damages for the injuries he incurred in the accident. The case proceeded to a bench trial, wherein the trial court assigned Mr. Wheeler eighty percent comparative fault and the remaining twenty percent to Mr. Iwamoto. The court found that Mr. Wheeler was an employee of Wilcox Poultry Farm and thus, Mr. Wilcox and Ms. Cournyea are vicariously liable for his negligence. The plaintiff was awarded general damages in the amount of $50,000.00, future medical expenses of $5,000.00, and *1050 past medical expenses of $10,688.00. Mr. Wilcox and Ms. Cournyea (hereinafter "the defendants") appeal, asserting that the trial court erred in assessing any liability to the defendants, and arguing alternatively that the plaintiff should have been allocated a higher percentage of comparative fault. The defendants also assert that the damage award was improper, alleging that the amount of general damages awarded was excessive and that medical damages should have been limited to compensation for injuries to the defendant's left foot.

Discussion

Liability and Allocation of Fault

The defendants assert that the plaintiff was not paying attention as he worked near the shredder and that the cause of his injuries was his own negligence in sticking his feet underneath it. In the alternative, the defendants allege that the plaintiff should be assessed ninety percent comparative fault for the accident.

Generally, an appellate court may not set aside a trial court's finding of fact in the absence of manifest error or unless it is clearly wrong. Stobad v. Through Dept. qf Dev. & Trans., 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989).

In the present case, the trial court stated the following in its reasons for judgment:

The evidence submitted to the Court substantiates that at the time of the accident Mr. Allan Wheeler was operating a tractor to which was attached a shredder, ... upon which was situated anywhere from five to seven 5-gallon buckets of special feed for fighting roosters. Mr. Wheeler had traveled a short distance with the tractor and shredder [the shredder being up off the ground approximately twelve inches] in effect intending to move same from location to location for the convenience of feeding between 400 and 500 roosters. When Mr. Wheeler reached his first location he knew that the plaintiff, Dean Iwamoto, was nearby and was going to assist him in the feeding process .... When Mr. Wheeler reached that location, by his own testimony, he pushed in the clutch placing the tractor in neutral then turned off the tractor and then engaged the hydraulics so as to lower the shredder. During this entire procedure he never looked to his rear to see if anyone was near the shredder. As fate would have it, at the moment that he lowered the shredder [by engaging the hydraulics] the plaintiff, Mr. Iwamoto, was attempting to remove one of the 5-gallon buckets of feed [weighing between 20 and 25 pounds] resulting in the shredder crushing his left foot. At the time of the incident Mr. Iwamoto was gratuitously assisting Mr. Wheeler and was wearing "flip flops" on his feet. It is also noted that at the time these two gentlemen had two unrelated employers. It is also to be noted that during the process the shredder blade was never engaged — the shredder at the time really being utilized as a sort of "trailer" to carry the feed and not to cut the grass.
... [T]here is not doubt but that the great major cause of this accident, i.e., negligence, lies with Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
900 So. 2d 1047, 2005 WL 767726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iwamoto-v-wilcox-lactapp-2005.