Labatut v. Air Products, Inc.

874 So. 2d 219, 2003 La.App. 1 Cir. 0661, 2004 La. App. LEXIS 589, 2004 WL 444641
CourtLouisiana Court of Appeal
DecidedMarch 12, 2004
DocketNo. 2003 CA 0661
StatusPublished

This text of 874 So. 2d 219 (Labatut v. Air Products, 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
Labatut v. Air Products, Inc., 874 So. 2d 219, 2003 La.App. 1 Cir. 0661, 2004 La. App. LEXIS 589, 2004 WL 444641 (La. Ct. App. 2004).

Opinions

J^PETTIGREW, J.

Plaintiffs, Charles and Janet Labatut, filed suit against defendant, Air Products and Chemicals, Inc. (“Air Products”), for injuries sustained in a work-related accident. After a jury verdict in favor of Air Products, the trial court granted plaintiffs’ motion for judgment notwithstanding the verdict (“JNOV”), assigning 10 percent of the fault for Mr. Labatut’s injuries to Air Products and awarding damages accordingly. Defendant appealed. Plaintiffs answered the appeal, seeking a reapportionment of fault. For the reasons set forth below, we reverse the JNOV and reinstate the judgment rendered in accordance with the jury’s verdict.

FACTS AND PROCEDURAL HISTORY

At all times pertinent hereto, Charles Labatut was working as a welder for Pax Cryogenics Systems, Inc. (“Pax”). According to the record, Pax, a steel fabrication yard that specializes in fabricating process-piping skids for the industrial gas market, had been working on a skid for Air Products, one of Pax’s biggest clients. The skid, which was designed entirely by Air Products and built by Pax according to Air Products’ specifications, measured 14 feet wide by 30 feet long and was to be used by Air Products as a “pressure-swing absorption” to separate waste gas from good gas. Once the skid in question was completed by Pax, Air Products asked Pax to store the skid until they were ready for it.

On May 11,1998, three employees of Air Products went to Pax to conduct a final quality inspection of the skid in anticipation of finalizing the purchase. At that time, the Air Products’ employees conducted a visual inspection of the skid and arranged to return the next day to conduct an operational test. It was during the course of testing the skid that Mr. Labatut was assigned to weld a drain valve that had been inadvertently left off of the skid. As Mr. Labatut was attempting to weld the drain valve, he observed the valve handle on the instrument air header was obstructing his access to the area where he needed to work. To alleviate this problem, Mr. Labatut moved the handle out of the way, causing the valve on the instrument air header, which was pressurized, to open and | ^release a large volume of air. This release of pressure hit Mr. Labatut, knocking him backwards several feet.

As a result of the injuries sustained in this incident, plaintiffs, Charles and Janet Labatut, individually and on behalf of their minor child Tiffany Labatut, filed suit against Air Products on March 31, 1999.1 [222]*222The matter proceeded to a jury trial in May 2001. Following three days of testimony and evidence, the jury returned a verdict in favor of Air Products, finding that although Air Products was at fault in causing the accident, this fault was not a cause in fact of the injuries sustained by Mr. Labatut. On May 29, 2001, the trial court signed a judgment in accordance with the jury’s findings, dismissing plaintiffs’ claims against Air Products with prejudice.

Subsequently, on June 1, 2001, plaintiffs filed a motion for JNOV, or alternatively, a new trial. The trial court granted the JNOV and denied the request for a new trial. In a judgment rendered on August 17, 2001, the trial court assigned 50 percent fault to Mr. Labatut, 40 percent fault to Pax, and 10 percent fault to Air Products. The court also found plaintiffs were entitled to damages totaling $724,081.00 and held Air Products liable for $72,408.00.

It is from this judgment that Air Products has appealed, assigning the following specifications of error:

I. The trial court committed manifest error in setting aside the Jury Verdict by granting the Motion for Judgment Notwithstanding the Verdict.
II. The trial court committed manifest error in its apportionment of fault and award of damages.

Plaintiffs have also appealed and assign error as follows:

I. The jury was manifestly erroneous in finding that the fault of Air Products was not a cause in fact of the plaintiffs injuries and the trial court abused its discretion in refusing to grant a new trial.
II. The trial court committed manifest error in its assessment of fault.

14APPLICABLE LAW

Article 1811(F) of the Louisiana Code of Civil Procedure authorizes a trial court to grant a JNOV on either the issue of liability or of damages or both. The jurisprudence has established the standard for issuance of a JNOV, and for review of a granted JNOV.

A JNOV is warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the trial court believes reasonable jurors could not arrive at a contrary verdict. The motion should be granted only when the evidence points so strongly in favor of the moving party that reasonable persons could not reach different conclusions, not merely when there is a preponderance of evidence for the mover. The motion should be denied if there is evidence opposed to the motion that is of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions. Joseph v. Broussard Rice Mill, Inc., 2000-0628, p. 4 (La.10/30/00), 772 So.2d 94, 99.

In reviewing a JNOV determination, an appellate court must first decide whether the trial judge erred in granting the JNOV. A JNOV is proper only when the trial court determines that reasonable minds could not reach a contrary verdict. Neither the trial court nor an appellate court can substitute its evaluation of the evidence for that of the jury unless the jury’s conclusions totally offend reasonable inferences from the evidence. Templet v. State ex rel. Dept. of Transp. and Dev., 2000-2162, p. 6 (La.App. 1 Cir. 11/9/01), 818 So.2d 54, 58. Thus, in the instant case, this court must ask whether the facts and inferences point so strongly and over[223]*223whelmingly in favor of a finding that the fault of Air Products was a cause in fact of the injuries sustained by Mr. Labatut that no reasonable juror could have reached a different verdict on the issue. If the answer to this question is in the affirmative, the trial judge was correct in granting the motion. If, however, reasonable persons in the exercise of impartial judgment might reach a different conclusion, then it was error to grant the motion and the judgment rendered in accordance with the jury verdict should be reinstated. Simoneaux v. Amoco Production Co., 2002-1050, p. 11 (La.App. 1 Cir. 9/26/03), 860 So.2d 560, 567.

1 sWhen contemplating a JNOY, the trial court is prohibited from weighing evidence, making credibility determinations, drawing inferences therefrom, or substituting its own factual conclusions for those of the jury. Additionally, questions of fact should be resolved in favor of the non-moving party. Templet, 2000-2162 at 6, 818 So.2d at 58. The trial judge is not entitled to interfere with the verdict simply because he believes another result would be correct. See Davis v. Wal-Mart Stores, Inc., 2000-0445, pp. 12-13 (La.11/28/00), 774 So.2d 84, 95. This rigorous standard is based on the principle that “[w]hen there is a jury, the jury is the trier of fact.” Joseph, 2000-0628 at 5, 772 So.2d at 99.

REVIEW OF EVIDENCE

During the three-day trial of this matter, the jury heard testimony from various witnesses, including employees of both Air Products and Pax and a safety consultant expert.

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Related

Simoneaux v. Amoco Production Co.
860 So. 2d 560 (Louisiana Court of Appeal, 2003)
Perkins v. Entergy Corp.
756 So. 2d 388 (Louisiana Court of Appeal, 2000)
Templet v. State Ex Rel. Dept. of Transp. and Development
818 So. 2d 54 (Louisiana Court of Appeal, 2001)
Davis v. Wal-Mart Stores, Inc.
774 So. 2d 84 (Supreme Court of Louisiana, 2000)
Joseph v. Broussard Rice Mill, Inc.
772 So. 2d 94 (Supreme Court of Louisiana, 2000)
Walker v. Kroop
678 So. 2d 580 (Louisiana Court of Appeal, 1996)

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874 So. 2d 219, 2003 La.App. 1 Cir. 0661, 2004 La. App. LEXIS 589, 2004 WL 444641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labatut-v-air-products-inc-lactapp-2004.