Jefferson v. Jefferson

946 So. 2d 191, 6 La.App. 5 Cir. 301, 2006 La. App. LEXIS 2418, 2006 WL 3093856
CourtLouisiana Court of Appeal
DecidedOctober 31, 2006
DocketNo. 06-CA-301
StatusPublished
Cited by2 cases

This text of 946 So. 2d 191 (Jefferson v. Jefferson) 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
Jefferson v. Jefferson, 946 So. 2d 191, 6 La.App. 5 Cir. 301, 2006 La. App. LEXIS 2418, 2006 WL 3093856 (La. Ct. App. 2006).

Opinion

FREDERICKA HOMBERG WICKER, Judge.

| ¿Plaintiff, Jane Jefferson, brings this appeal from a judgment of the trial court on traversals in an action for partition of community property. We affirm the judgment.

This matter began with the filing of a partition of community property by Anthony Jefferson. Mr. Jefferson filed a sworn detailed descriptive list in which he listed only one community asset, the family home. Mrs. Jefferson filed an amended [193]*193sworn descriptive list to which she added Mr. Jefferson’s retirement accounts as an asset of the community. Mrs. Jefferson also listed a number of debts allegedly owed to her by Mr. Jefferson. These debts total $53,269.00.and are derived from uninsured fire damage at the family home. A second amended descriptive list, which itemized additional losses in the fire, increased the debt for the damage to $71,424.71.

After a hearing on the merits, the trial court rendered a judgment on traversals in which it valued the family home at $76,000.00, ordered that all claims | sto retirement benefits are to be divided according to the Sims1 formula, and awarded reimbursement in the amount of $34,242.45 to Mrs. Jefferson for expenses incurred. The trial judge gave written reasons for judgment in which he discusses each of Mrs. Jefferson’s claims for reimbursement. Ultimately, the trial court concluded that Mrs. Jefferson was entitled to reimbursement as follows:

1) J.D. Jefferson Enterprises $15,040.00
2) Material Costs 6,754.21
3) Bernard Remodeling 12,000.00
4) William Gilbert Workshop 107.42
5) Rev. Eugene Turner 300.00
6) Landry Lumber 42.82
TOTAL ■ $34,242.45

It is from that judgment that Mrs. Jefferson appeals. Mr. Jefferson also filed a motion for appeal, which he subsequently withdrew. Mr. Jefferson has filed an answer to the appeal in this Court.

Mrs. Jefferson’s claims stem from a consent judgment signed by the parties in 1995, which provided that Mr. Jefferson was to maintain homeowners’ insurance on the family home, and automobile insurance on Mrs. Jefferson’s vehicle. Although that judgment is not in the record before us, Mr. Jefferson admitted at trial that he was required to maintain both insurances.2 He further testified that he did so for two or three years, but did not continue the coverage. However, Mr. Jefferson did not produce any documents to substantiate those facts, and could not recall the cost of either types of insurance. Mr. Jefferson testified that he knew that the home caught fire, destroying the kitchen and dining room, and causing smoke and water damage to other portions of the home. He further testified that he knew that the home was repaired, although he did not pay for any |4portion of that cost. Mr. Jefferson stated that he did not pay for the replacement of any of the contents lost in the fire or arrange for alternative living expenses for Mrs. Jefferson after the fire.

John Pollard, Mrs. Jefferson’s brother and a licensed contractor, testified that Mrs. Jefferson’s home consisted of a trailer around which a house was built. The fire, which started in the kitchen, destroyed the side and top of the trailer as well as all the rafters coming across the other side to the new addition. The back side of the house also burned.

Mr. Pollard stated that the kitchen was totally destroyed, requiring the removal and replacement of all cabinets, appliances and flooring. There was minimal damage in the living room, which only required repainting. The back bedroom and bathroom and the hallway connecting them [194]*194were completely destroyed. Rafters, roof and walls all had to be replaced.

Mr. Pollard testified that because his sister had no insurance to cover the cost of the repairs, he did the job for cost. The original estimate for the work was $15,040.00. However, Mr. Pollard stated that he only received about $11,000.00. Mr. Pollard did not have actual receipts for materials purchased for the house, but he stated that the actual cost was more than $15,000.00. He explained that, because it was his sister, he worked on her home after coming home from his regular employment. He also put in some of his own money and enlisted friends to donate their time to help him finish the repairs.

Mrs. Jefferson testified that her home was heavily damaged in a fire that started in the kitchen when her seventeen-year-old son left a hamburger frying on the stove and went into another part of the house. She stated that she had no fire insurance coverage on her home because her former husband did not maintain the coverage as ordered by a prior judgment of the court. Because she had no money 1 sto repair the damage, she turned to her brother, a licensed and bonded contractor for help. He repaired most of the damage; however, some damage remained to be addressed. She hired Bernard Remolding to do some of the-work, and Reverend Eugene Turner to do the electrical work. Mrs. Jefferson also provided the court with evidence that she purchased additional materials amounting to $6,754.21. She has not yet replaced the air conditioner lost in the fire because of budget constraints. The estimated cost of that repair is $4,898.00. Mrs. Jefferson also lost household goods, clothes and personal items in the fire.

In brief to this court, Mrs. Jefferson argues that the trial court erred in denying various claims she made. Specifically, Mrs. Jefferson asserts the trial court erred in denying her claim for diminished value of the home, for reimbursement for auto insurance and homeowners’ insurance premiums paid, for loss of movables, alternate living expenses, and for personal items and clothing. Additionally, Mrs. Jefferson argues the trial court erred in reducing her recovery for out of pocket repair costs by failing to assign the reimbursement expense as a sole obligation of Mr. Jefferson.

Mr. Jefferson argues that Mr. Pollard should not have been accepted as an expert by the court, and further, that the accounting presented at trial is insufficient to support the award regarding the repair work done by Mr. Pollard. Mr. Jefferson also asserts the documentation supporting the other claims including Bernard Remolding and additional materials is insufficient. Finally, Mr. Jefferson avers that the trial court committed legal error in holding him responsible for the fire, since it was caused by a seventeen-year-old in the custody of Mrs. Jefferson.

Because Mr. Jefferson’s assignment of error that he should not be held liable for any damages related to the fire must be considered before a review of the damages awarded, we will review that argument first. The basis for Mr. | fiJefferson’s argument is that the fire was caused by the couple’s teenage son. Mr. Jefferson argues that, because Mrs. Jefferson has custody of the minor, she is legally responsible for his actions.

Mr. Jefferson’s argument mischar-acterized the reason for the finding of his liability. His liability is based on his failure to comply with the consent judgment to provide insurance, not for causing the fire. He is now responsible, not vicariously because of the actions of his minor son in causing the fire, but for his own actions in allowing the insurance to lapse. This argument is without merit.

[195]*195Having found Mr.

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Bluebook (online)
946 So. 2d 191, 6 La.App. 5 Cir. 301, 2006 La. App. LEXIS 2418, 2006 WL 3093856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-v-jefferson-lactapp-2006.