LeJeune v. Allstate Ins. Co.

373 So. 2d 212, 1979 La. App. LEXIS 2818
CourtLouisiana Court of Appeal
DecidedJune 29, 1979
Docket7003
StatusPublished
Cited by10 cases

This text of 373 So. 2d 212 (LeJeune v. Allstate Ins. Co.) 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
LeJeune v. Allstate Ins. Co., 373 So. 2d 212, 1979 La. App. LEXIS 2818 (La. Ct. App. 1979).

Opinion

373 So.2d 212 (1979)

Theotis Fontenot LeJEUNE et al., Plaintiffs-Appellants,
v.
ALLSTATE INSURANCE COMPANY et al., Defendants-Appellees.

No. 7003.

Court of Appeal of Louisiana, Third Circuit.

June 29, 1979.

*213 Guillory, McGee & Mayeux by Robert K. Guillory, Eunice, for plaintiffs-appellants-appellees.

L. O. Fusilier, Ville Platte, John Larry Vidrine, Ville Platte, for defendant-appellant.

Davidson, Meaux, Sonnier & Roy, L. Lane Roy, Lafayette, Voorhies & Labbe, Marc Judice, Lafayette, for defendant-appellee-appellant.

Young & Burson, J. Nilas Young, and Joseph B. Ortego, Eunice, John W. Johnson, Eunice, Brame, Bergstedt & Brame, Joe Brame, Lake Charles, Durrett, Hardin, Hunter, Dameron & Fritchie, Calvin E. Hardin, Jr., Baton Rouge, C. Brent Coreil, Jack C. Fruge, Ville Platte, Fred L. Cappel, Lake Charles, Lewis & Lewis, James T. Guglielmo, Opelousas, Allen, Gooch & Bourgeois, Arthur I. Robison, Lafayette, for defendants-appellees.

Before DOMENGEAUX, GUIDRY and STOKER, JJ.

DOMENGEAUX, Judge.

This case is before us on remand from the Louisiana Supreme Court.

A recitation of the factual and procedural complexities of this case can be found in our original opinion, 356 So.2d 537 (La.App. 3rd Cir. 1978), and in the opinion of the Supreme Court, 365 So.2d 471 (La.1978). The reader is specifically referred thereto for a complete explanation of the various parties to these matters and a complete narration of the facts involved. An abbreviated statement of the facts follows:

On November 13, 1974, Rolance LeJeune died instantly when a Mercury Marquis automobile driven by Randall Molitor struck a Cadillac hearse in which he was riding. The accident occurred at the intersection of Louisiana Highways 10 and 13 in the Parish of Evangeline, Louisiana. Mr. LeJeune was the funeral director for Ardoin's Funeral Home of Mamou, Inc., and he was overseeing a funeral procession. The funeral procession was escorted by a Deputy Sheriff of the Evangeline Parish Sheriff's Department, Willie Smith, who had failed to secure the intersection properly. The hearse was being driven by Danny LaFleur, a borrowed employee, borrowed by Ardoin's Funeral Home of Mamou, Inc., and lent by Ardoin's Funeral Home of Ville Platte, Inc.

The plaintiffs herein are the widow and children of the decedent, Rolance LeJeune, who sued for the wrongful death of their husband and father. Many parties were named defendants in the litigation, and some others were made third party defendants. The complexity and volume of the pleadings contained in this record, as well as the multitudinous and complex legal relationships of many of the parties with each other, make this case quite an exercise in legal gymnastics. Nevertheless, it appears *214 that this unusual case is finally nearing conclusion. All issues of liability and insurance coverage have been resolved by the various courts. For purposes of simplicity in this opinion, we will only discuss those parties who are still relevant to the proceedings.

The Supreme Court found there to be three tortfeasors involved in this accident: (1) the driver of the hearse, Danny LaFleur, who was a borrowed employee—borrowed by Ardoin's Funeral Home of Mamou, Inc. and lent by Ardoin's Funeral Home of Ville Platte, Inc.; (2) the driver of the Mercury Marquis which collided with the hearse, Randall Molitor; and (3) the Deputy Sheriff, Willie Smith, who was supposed to, but failed to, secure the intersection through which the funeral procession was passing at the time of the tragic accident. The only one of these three individuals sued directly by the plaintiffs was Randall Molitor; however, insurers for the other tortfeasors, as well as for Molitor were also sued directly by the plaintiffs.

Although many insurers were involved in this suit at various stages of the proceedings, the liability of them has also been fixed by the Supreme Court. In this appeal, we are only interested in those insurance companies found liable. These are: (1) Allstate Insurance Company (sometimes hereinafter referred to as Allstate), up to a policy limit of $5,000.00, as the automobile liability insurer of Randall Molitor, the driver of the Mercury Marquis; (2) the Insurance Company of North America (sometimes hereinafter referred to as INA) up to a policy limit of $100,000.00, as the automobile liability insurer of Ardoin's Funeral Home of Ville Platte, Inc., and, consequently, of its employee, Danny LaFleur, the driver of the hearse; (3) the Western World Insurance Company (sometimes hereinafter referred to as Western World), up to a policy limit of $1,000,000.00, as the comprehensive liability insurer of the Evangeline Parish Sheriff's Department, and, consequently, of the Deputy Sheriff, Willie Smith.

Although liability has been established, the Supreme Court remanded the case to us for a determination of additional issues, with the following language, by way of explanation:

"By the previous courts in this litigation, the plaintiffs widow and children are awarded a total of $156,400.86 against Molitor and his insurer (Allstate); also, the demands against other defendants were rejected, and certain third-party demands were granted or denied, some on the basis of coverage issues decided differently by this court.
In reviewing the quantum, the court of appeal did not consider the plaintiffs' request for an increase, feeling that Molitor's impecunious condition and the small policy limits ($5,000) of his policy could be taken into consideration in making an award; an impecunious condition which may also have affected the trial court's award.
However, we have determined that two insurer defendants also are solidarily liable, within their substantial policy limits, with Molitor and Allstate for the damages here sustained: Western World, as insurer of Deputy Smith; and INA, as insurer of Ardoin's of Ville Platte, Inc., and of its employee, Danny LaFleur. These holdings concerning coverage provided by these additional defendants may not only raise different issues of quantum than were previously considered by the court of appeal, but they may also raise new issues as to matters not decided in the third-party demands which were granted or rejected. We have not been furnished briefs or argument on these issues or on the issue of the apportionment between themselves of the liability of the three insurers cast solidarily, but not to exceed their policy limits, for the concurring negligence of the three tortfeasors, Molitor, Deputy Smith, and LaFleur.
In our ordinary practice, we usually do not attempt to determine issues of a complex nature that the appellate court has not passed upon, especially when they have not been fully briefed and argued in *215 this court. Instead, we remand the proceedings to the court of appeal for that purpose."

365 So.2d at 483-484.

Thus, the only issues left to be resolved by us at this time are those dealing with: (1) quantum; and (2) the third party demands.

I. QUANTUM

In the original judgment, the trial judge made the following awards:

THEOTIS LEJEUNE (Widow)
  Loss of love, affection and companionship
     ......................................  $ 25,000.00
  Loss of support .........................  $ 77,941.14
                                             ___________
           TOTAL ..........................  $102,941.14
DAVID LEJEUNE (9-year old son)
  Loss of love, affection, and guidance .... $ 12,500.00
  Loss of support .......................... 

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Bluebook (online)
373 So. 2d 212, 1979 La. App. LEXIS 2818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lejeune-v-allstate-ins-co-lactapp-1979.