Karagiannopoulos v. State Farm Fire & Cas.

752 So. 2d 202, 1999 WL 1025132
CourtLouisiana Court of Appeal
DecidedNovember 10, 1999
Docket94-CA-1048
StatusPublished
Cited by16 cases

This text of 752 So. 2d 202 (Karagiannopoulos v. State Farm Fire & Cas.) 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
Karagiannopoulos v. State Farm Fire & Cas., 752 So. 2d 202, 1999 WL 1025132 (La. Ct. App. 1999).

Opinion

752 So.2d 202 (1999)

John and Aura KARAGIANNOPOULOS
v.
STATE FARM FIRE & CASUALTY COMPANY and Stutton Corporation.

No. 94-CA-1048.

Court of Appeal of Louisiana, Fifth Circuit.

November 10, 1999.
Writ Denied December 10, 1999.
Writ Denied February 11, 2000.

*204 Aura Karagiannopoulos, John Karagiannopoulos, Metairie, Louisiana, In Proper Person—Plaintiffs/Appellants.

David K. Persons, Metairie, Louisiana, Attorney for Defendant/Appellee.

Panel composed of Judges SOL GOTHARD and THOMAS F. DALEY.

DALEY, Judge.

Plaintiff/Appellant, John Karagiannopoulos, filed a Petition for Personal Injuries alleging that when he slipped and fell on broken glass prior to exiting the door inside the business of Stutton Corporation located in Metairie, Louisiana. Four years later a Supplemental and Amended Petition was filed adding a loss of consortium claim on behalf of his wife, Aura Karagiannopoulos. The matter was continued a number of times and after substitution of counsel the matter proceeded to be tried by a twelve person jury on July 11th and 12th, 1994. In response to the special jury interrogatory the required majority of the jury concluded that the plaintiff, John Karagiannopoulos, did not fall in the premises of Stutton Corporation Company on March 18, 1988. Accordingly, the trial judge entered a judgment in favor of defendants dismissing plaintiffs' claim. Plaintiffs/Appellants appeal from the trial court's judgment.[1]

At oral argument appellants orally moved that Judge Cannella be recused from hearing this case. Judge Cannella recused himself and the appeal was considered by two of the original three panel members in accordance with C.C.P. Article 160.

FACTS:

John Karagiannopoulos rented a portion of a building from the defendant, Stutton Corporation, (Stutton), in which he operated an automobile repair business. The building was a metal frame warehouse *205 type building with an office in the front. Stutton occupied the front office portion and Karagiannopoulos leased the rear warehouse section. On March 18, 1988, Mr. Karagiannopoulos entered the office of Stutton in order to speak to the President of Stutton, Ms. Lorraine Studin. At trial he testified he went to the office and entered Sutton's lobby through the outside door. He walked three to four steps through the small lobby to the reception window and door. Mr. Karagiannopoulos spoke to a Stutton employee, Tanya Collins, who was in the interior office and asked that she have Ms. Studin call him. After delivering his message he turned around and headed back towards the outside door. Upon reaching to open the door he testified he stepped on a piece of glass and fell.

ASSIGNMENTS OF ERROR

The plaintiffs have appealed the trial court's judgment in proper person. In their brief, appellants make a listing of twelve assignments of error, which this court has summarized as follows:

1. The trial judge had no jurisdiction to hear this case, (Plaintiffs' Assignments of Error Numbers 1 and 6);
2. The trial transcript filed in the appeal record is inaccurate, (Plaintiffs' Assignments of Error Numbers 2, 11, and 12);
3. Fraudulent evidence was shown to the jury, (Plaintiffs' Assignment of Error Number 7);
4. The accident site was remodeled by State Farm, (Plaintiffs' Assignments of Error Numbers 3 and 4);
5. Appellant's counsel did not properly present appellant's case, (Plaintiffs' Assignments of Error Numbers 5 and 8);
6. Improper comments were made by the defense counsel during closing argument, (Plaintiffs' Assignment of Error Number 9); and
7. There were improper communications between the judge's staff and the jury, (Plaintiffs' Assignment of Error Number 10).

During the pendency of this appeal, plaintiffs have filed three other lawsuits stemming from the original lawsuit. These are:

1. Karagiannopoulos v. Redler Brown Williams Orthopedic Clinic—A Professional Medical Corporation and/or James T. Williams, and Frank E. Beeson, III, suit Number 528-282, filed August 13, 1998;
2. Karagiannopoulos v. Judge Charles V. Cusimano, II, and/or Marcy Monrose and/or, Karen Burger, and/or Dawn Champagne, and/or DKren McEvers, suit Number 528-798, filed August 26, 1998; and
3. Karagiannopoulos v. State Farm Fire and Casualty Company, and/or Karla Haag, Stutton Corporation, and/or Lorraine Ravich Studin, Hailey, McNamara, Hall, Larmann, and Papale, and/or David K. Persons, Case Number 533-200, filed December 17, 1998.

Issues raised in these actions are not before this Court in this appeal.

DISCUSSION:

Plaintiffs' Assignments of Error Numbers 1 and 6:

Appellants contend that the trial judge, Judge Cusimano, had no jurisdiction to hear their case because it was improperly allotted to his division. A review of the record indicates that the appellants' case was filed on January 5, 1989 and allotted to Division K. Judge Eason was presiding over Division "K" at the time the petition was filed. Several pleadings and orders were filed and signed by Judge Eason. The last pleading filed in Division K is an Amended Pretrial Order filed by plaintiff on October 23, 1990. The next document in the record is Motion to Set for Trial on the Merits filed by State Farm, listing the case as being assigned to Division K. This motion was filed on July 15, 1991, and indicates that a pre-trial *206 conference was set for September 19, 1991. The next document in the record is a Pretrial Order signed by Judge Cusimano filed July 17, 1991.

The Local Rules of the 24th Judicial District Court in effect during this time indicate that the 24th Judicial District Court had a section entitled Domestic Relations Section. The Rules provide that the Domestic Relations Section was made up of two divisions presided over by the two judges most recently elected to the court. Judges assigned to the Domestic Relations Section handled only domestic cases. In 1990, Judge Eason, who presided over Division K (to whom this case was originally allotted) retired and a new judge was elected. As per the Rules, the newly elected judge for Division K was assigned to the Domestic Relations Section. According to a letter from Chief Judge Mc-Manus dated January 9, 1991, which is on file in the Clerk of Court's office in the 24th Judicial District Court, Division K, was removed from the regular criminal and civil allotment, and Division L, presided over by Judge Cusimano, who was in the Domestic Relations Section, was placed back into the regular criminal and civil docket. As per the procedure established in 24th JDC, all civil and criminal cases pending in Division K were transferred to Division L. There is no evidence in the record that this case was improperly allotted to Judge Cusimano.

Additionally, we note that the appellants did not object to the transfer of their case from Division K to Division L until after the jury verdict was rendered. The failure to object to the transfer until after a hearing has been deemed a waiver of objection to the transfer. See Roby v. Leonard, 209 So.2d 182 (La.App. 1st Cir. 1968).

The absence of any showing that the transfer to Division L was improper, combined with the plaintiffs failure to object to the transfer until after the verdict was rendered.

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Bluebook (online)
752 So. 2d 202, 1999 WL 1025132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karagiannopoulos-v-state-farm-fire-cas-lactapp-1999.