Marceaux v. Gibbs

680 So. 2d 1189, 1996 WL 458891
CourtLouisiana Court of Appeal
DecidedAugust 14, 1996
Docket95-1397
StatusPublished
Cited by4 cases

This text of 680 So. 2d 1189 (Marceaux v. Gibbs) 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
Marceaux v. Gibbs, 680 So. 2d 1189, 1996 WL 458891 (La. Ct. App. 1996).

Opinion

680 So.2d 1189 (1996)

Keith W. MARCEAUX, et ux, Plaintiffs-Appellants,
v.
Denny Wayne GIBBS, et al, Defendants-Appellees.

No. 95-1397.

Court of Appeal of Louisiana, Third Circuit.

August 14, 1996.
Rehearing Denied October 25, 1996.

*1190 Andre Doguet, Rayne, for Keith W. Marceaux et ux.

Milo Addison Nickel Jr., Lake Charles, for Denny Wayne Gibbs et al.

Homer Edward Barousse Jr., Crowley, for Kenneth Goss, Sheriff of Acadia.

Thomas Keith Regan, Crowley, for Town of Iota Acadia Parish.

Before DOUCET, C.J., and YELVERTON, THIBODEAUX, SAUNDERS and AMY, JJ.

SAUNDERS, Judge.

Questions presented for our review include whether a party injured by the negligence of an escaped convict may recover the full amount of damages from the inmate's custodians, and whether the Sheriff, who released the inmate to the Town of Iota (hereinafter "the Town") for its use on a crew, was grossly negligent, thus disqualifying his office from statutory indemnification from the Town.

After reviewing applicable jurisprudence, we conclude that the trial court erred in requiring plaintiff to recover from the inmate for a part of the victim's damages, and that the law and public policy require our absolving the Sheriff of any ultimate liability. Accordingly, we reverse in part and render.

FACTS

The facts are largely undisputed. Defendant, Denny Wayne Gibbs, was an inmate at the Acadia Parish Detention Center during October 1992, when the Center, under the jurisdiction of co-defendant Sheriff Kenneth Goss, assigned Gibbs to an inmate municipal work program in the Town of Iota at the Town's request. On October 19, 1992, Gibbs escaped from the work detail, stole a vehicle owned by the Town and within 15 minutes, while being chased by law enforcement officials, was involved in an accident with plaintiff, Keith W. Marceaux, in the City of Jennings. Gibbs' blood alcohol level at the time of his arrest was .17.

Plaintiff eventually sued Gibbs, the Town of Iota and its Chief of Police, and Sheriff Goss. At trial, Iota's then mayor testified that, pursuant to La.R.S. 15:708, by letter dated November 5, 1991, he requested that the Acadia Parish Sheriff release five prisoners to the Town of Iota for use on public projects. The letter stated that the Town *1191 would furnish security for the prisoners, seemingly consistent with the mayor previously having been advised of the necessity that the prisoners be directly supervised by a commissioned law enforcement officer.

To comply with the supervision requirements, the mayor hired Lee Malone, a commissioned police officer with prior law enforcement experience. At some point during the next year, the mayor and the director of Iota's public works department decided that on some occasions, more work could be obtained from the prisoners if they were split into two or more groups. Following this determination by the Town fathers, the Town deviated from its prior practice, with Malone retaining responsibility for one group of inmates and public works department employees lacking law enforcement background, responsible for supervising the other. The errant inmate, Gibbs, belonged to the latter category.

After they had mowed grass in the morning of the fateful day in question, Gibbs' public works supervisor, Joel Cart, brought the prisoners to City Hall during their lunch break. Between that time and 2:45 p.m., when Cart brought the prisoners to the "Town Barn" to return their equipment, Gibbs and another prisoner surreptitiously consumed a considerable amount of alcohol found in a cabinet in the volunteer firemen's "hut." It was then that Gibbs managed his escape. The record shows that shortly before 2:45 p.m., Cart intentionally left the keys in the city-owned vehicle because he initially intended to immediately return the prisoners to the Acadia Parish Detention Center from the barn before deciding to try to get another fifteen or so minutes of work out of the crew under his supervision. During this period, Cart's concentration on returning the prisoners receded in favor of conversation with a town alderman and the Town of Iota's public works superintendent, Isaac Cormier, but returned with a full measure of adrenalin a few minutes later, when a city employee informed Cart that Gibbs had just driven off in his vehicle.

Gibbs wasted no time in absenting himself from Cart's supervision, leaving the Town of Iota at 2:55 p.m. on Interstate 10, where he sideswiped several vehicles before exiting the interstate and entering the City of Jennings. In Jennings, Gibbs ran a red light and struck the car in which plaintiff was a guest passenger. By 3:10 p.m., approximately fifteen minutes after his escape, the tornado had completed its journey.

Following a trial on the merits, the trial court found the Sheriff and Town of Iota liable with Gibbs for the damages caused by Gibbs' behavior, allocating liability to the defendants as follows:

Defendant, Denny Wayne Gibbs          30%
Defendant, Town of Iota               65%
Defendant, Sheriff of Acadia Parish    5%

The trial court concluded that plaintiff, Keith W. Marceaux, had established the following losses attributable to the accident:

Pain and suffering, past, present and     $100,000.00
  future, physical and mental
Past medical expenses                     $ 56,787.63
Loss of past wages                        $ 26,520.00

In addition, the trial court assessed defendants with costs and interest from date of judicial demand.

From this judgment, appeals are lodged by each of the parties except Gibbs. The Town of Iota argues that the trial court abused its discretion in assigning it a disproportionate amount of fault when compared to the gross negligence of Gibbs. Sheriff Goss argues that his office is entitled to indemnification from the Town of Iota as provided by La.R.S. 15:708 in the absence of his office's gross negligence in releasing his inmate to the Town of Iota, which he denies. Finally, in plaintiff's appeal, he argues that the trial court should not have used comparative fault to permit the runaway inmate's negligence to reduce his keeper's responsibility; additionally plaintiff maintains that he is entitled to additional damages.

WHO MUST RESPOND IN TORT FOR DAMAGES ATTRIBUTABLE TO INMATE?

Plaintiff argues that the trial court erred in using comparative fault principles to allow the inmate's custodians to escape responsibility for "the full measure" of his damages. Compelled by jurisprudence and the facts of this case, we agree and reverse the trial court's contrary conclusion.

*1192 As a general rule, negligent tortfeasors should not be allowed to reduce their fault by the intentional fault of another that they had a duty to prevent. Veazey v. Elmwood Plantation Associates, Ltd., 93-2818 (La. 11/30/94) at 11, 650 So.2d 712, 719. Second, such tortfeasors "should not be allowed to benefit at the innocent plaintiff's expense by an allocation of fault to the intentional tortfeasor under comparative fault principles." Id. (Emphasis in original.)

Although these general rules do not apply in all circumstances, they do here:

Custodians of prisoners have a duty to manage the affairs of the prison so as not to create an unreasonable risk of harm to the public. This duty does not encompass all harm inflicted by escapees. Although prison authorities have a duty to prevent inmates from escaping, that duty is intended to protect persons from being harmed by escaping inmates while they are in the process of escaping.

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Cite This Page — Counsel Stack

Bluebook (online)
680 So. 2d 1189, 1996 WL 458891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marceaux-v-gibbs-lactapp-1996.