Monte v. State Farm Mutual Automobile Ins. Co.

139 So. 3d 1139, 2013 La.App. 3 Cir. 979, 2014 WL 2118277, 2014 La. App. LEXIS 1329
CourtLouisiana Court of Appeal
DecidedMay 21, 2014
DocketNo. 13-979
StatusPublished
Cited by9 cases

This text of 139 So. 3d 1139 (Monte v. State Farm Mutual Automobile 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
Monte v. State Farm Mutual Automobile Ins. Co., 139 So. 3d 1139, 2013 La.App. 3 Cir. 979, 2014 WL 2118277, 2014 La. App. LEXIS 1329 (La. Ct. App. 2014).

Opinion

COOKS, Judge.

REACTS AND PROCEDURAL HISTORY

This personal injury lawsuit arises out of a May 5, 2009 automobile accident that occurred on Highway 167 South between Maurice and Abbeville. On that date, Plaintiff, Maria Monte, who was the manager of a Burger Kang restaurant in Abbe-ville, was picking up supplies for her restaurant.

Mrs. Monte was driving her Chevrolet Trail Blazer in a southerly direction in the right lane of Hwy. 167, with her cruise control set at 55 MPH. Behind Mrs. Monte, in the same lane of Hwy. 167 was John Love, in his Chevrolet Silverado pickup truck. As Mrs. Monte approached a median crossover, Mr. Love attempted to pass her in the left, passing lane. At the same time, stopped in the median crossover, was a vehicle driven by Brent Turner, who had been driving north on Hwy. 167 in the opposite direction.

Apparently, Mr. Turner accidently placed his foot on both the brake pedal and accelerator, causing his vehicle to creep into the southbound, right lane of Hwy. 167. At this time, Mr. Love, who had [1143]*1143begun passing Mrs. Monte in that lane of travel, saw Mr. Turner’s vehicle entering the lane and realized he would not be able to continue in that lane. In response to this, Mr. Love abruptly switched into the southerly, right lane of travel. Upon switching lanes, Mr. Love stated the right tires of his vehicle encroached onto the shoulder of the highway. Mr. Love then applied his brakes and moved his truck fully back onto the right lane of travel. Upon fully re-entering the right lane, Mr. Love immediately applied his brakes and then attempted to accelerate his vehicle. At this moment, Mrs. Monte’s vehicle crashed into the rear of Mr. Love’s truck.

Mrs. Monte testified, upon seeing Mr. Love’s swerve his vehicle into her lane of travel and onto the shoulder, she hit her brakes to disengage her cruise |4control. However, she was unable to stop before colliding with the rear of Mr. Love’s vehicle.

There was a dispute as to whether Mrs. Monte’s vehicle struck Mr. Love’s vehicle twice. Mrs. Monte denied she struck Mr. Love’s vehicle twice. Mr. Love testified that Mrs. Monte’s SUV initially struck his vehicle immediately after he reestablished his vehicle fully in the right lane of Hwy 167, just as he was beginning to accelerate after having avoided the hazard created by Mr. Turner’s vehicle creeping into the left lane of travel. Mr. Love further stated he came to a stop only after and because Mrs. Monte initially rear-ended him; and after he stopped, Mrs. Monte’s vehicle struck his truck a second time.

As a result of the accident, Mrs. Monte suffered a herniated disc in her neck. She underwent extensive treatment and eventually had an interior cervical discectomy and fusion on February 11, 2010. Two years later, after enduring severe, constant pain, she underwent a four level cervical decompression and fusion on May 21, 2012.

Mrs. Monte filed a suit for the damages she endured as a result of the accident. Also joining the suit were her husband, Glenn Monte, and her daughter, Amanda Monte, who sought damages for their loss of consortium. Named as defendants were John Love, Ray Chevrolet-Olds, Inc., Mr. Love’s employer, and the general and excess liability insurers of Ray Chevrolet Olds. At the time of the accident, Mr. Love was in the course and scope of his employment, thus triggering Ray Chevrolet-Old’s vicarious liability. Also named as defendants were Brent Turner and State Farm, the liability insurer of Mr. Turner’s vehicle.

The matter was tried by a jury on April 8-11, 2018. The jury returned a verdict finding Brian Turner 90% at fault, Maria Monte 10% at fault and John Love free from fault. Maria Monte was awarded special damages of $800,000.00 and general damages of $200,000.00. No awards for loss of consortium were |5made to Glenn Monte or Amanda Monte. A judgment reflecting the jury’s verdict was executed and made final. Maria, Glenn and Amanda Monte appealed the judgment, asserting the following assignments of error:

(1) During jury selection, the trial court erred in overturning the challenge for cause of a juror;
(2) The trial judge failed to instruct the jury on the relevant case law interpreting application of the relevant statutes from the Louisiana Highway Regulatory Act;
(3) The jury erred in assigning no fault to John Love;
(4) While instructing the jury, the trial judge failed to explain the elements of general damages to the jury;
(5) When drafting the jury verdict form, the trial court failed to divide any of the elements of general damages;
[1144]*1144(6) When drafting the jury verdict form, the trial court failed to divide any of the elements of special damages;
(7) The jury erred in only awarding $300,000.00 in special damages;
(8) The jury erred in only awarding $200,000.00 in general damages;
(9) The jury erred in failing to award loss of consortium awards to Glenn and Amanda Monte;

Brent Turner, and his insurer, State Farm, have answered the appeal and assert the trial court erred in its apportionment of fault. They contend the jury erred in assessing 90% fault on Mr. Turner, in not assessing some portion of fault to Mr. Love and assessing only 10% fault to Mrs. Monte.

ANALYSIS

I. Jury Selection.

In its first assignment of error, plaintiffs contend the trial court abused its discretion in refusing challenge for cause as to potential juror, Frank deGraauw, Jr. Plaintiffs note that during the jury selection process, Mr. deGraauw, acknowledged a personal relationship with the owners of Ray Chevrolet Olds, and stated at one point it would be “difficult” to do his duty as a juror. Mr. deGraauw also | (¡acknowledged he had been sued on the basis of vicarious liability as the owner of a company, the same position as Ray-Chevrolet Olds. Plaintiffs asked the trial court to excuse Mr. deGraauw for cause. The trial court denied the challenge for cause, and the plaintiffs then used one of their peremptory challenges on Mr. deGraauw to exclude him from the jury.

Plaintiffs note a juror may be challenged for cause “when the juror has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial,” or “when the relations by blood, marriage, employment, friendship, or enmity between the juror and any party or his attorney are such that it must be reasonably believed that they would influence the juror in coming to a verdict.” La.Code Civ.P. art. 1765(2) and (3).

In Raymond v. Government Employees Ins. Co., 09-1327, p. 3 (La.App. 3 Cir. 6/2/10), 40 So.3d 1179, 1184, this court discussed the appellate review for denials of challenges for cause:

A trial court has great discretion in ruling on challenges for cause and the appellate court should not disturb its ruling unless the voir dire as a whole indicates an abuse of discretion. Bannerman v. Bishop, 28,382 (La.App. 2 Cir. 7/2/96), 688 So.2d 570, writ denied, 96-2755 (La.1/10/97), 685 So.2d 146.

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Bluebook (online)
139 So. 3d 1139, 2013 La.App. 3 Cir. 979, 2014 WL 2118277, 2014 La. App. LEXIS 1329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monte-v-state-farm-mutual-automobile-ins-co-lactapp-2014.