Morris v. Guidry

335 So. 2d 75, 1976 La. App. LEXIS 4811
CourtLouisiana Court of Appeal
DecidedJuly 7, 1976
DocketNo. 5543
StatusPublished
Cited by4 cases

This text of 335 So. 2d 75 (Morris v. Guidry) 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
Morris v. Guidry, 335 So. 2d 75, 1976 La. App. LEXIS 4811 (La. Ct. App. 1976).

Opinion

PAVY, Judge.

Plaintiff sued Edward Quinn, Mrs. Daisy Bel Guidry and her insurer, Travelers Insurance Company, for injuries sustained when Quinn, acting as bartender in Mrs. Guidry’s lounge, threw a bottle at plaintiff. The case was tried by a jury which made special findings of fact. When the jury’s special findings were returned, the trial judge ordered a dismissal of plaintiff’s suit against all defendants. After hearings on that issue, the trial judge rendered judgment rejecting the claim against Quinn, but awarding $9,350 to be paid by defendant Mrs. Guidry and her insurer. Plaintiff appealed the dismissal of his claim against Quinn. Mrs. Guidry and her insurer appealed the judgment against them. „

About mid-afternoon, plaintiff met an acquaintance, David Poche, and four of his companions in a lounge. Most of the group were teenagers or persons in their early twenties who were either in college or had just completed college studies. They had been drinking for some time. One of them had had eleven drinks. Defendant Quinn was a veteran seaman who entertained very strong views on certain subjects and was especially outspoken about them, particularly the race problem. He apparently afforded amusement to the college crowd around Lake Charles. The Poche group decided to seek him out and proceeded, along with plaintiff, to his former bar. This place had been closed for some time, and the group, thinking that Quinn would be at Mrs. Guidry’s place, proceeded there. As they entered the bar, Mrs. Guidry went to her living quarters which were built in the same structure as the bar. Quinn commenced to serve drinks to the group. The conversation was normal for about ten to fifteen minutes, at which time it turned to the race problem. All the parties were Caucasians. Suddenly, the conversation became loud and emotional, and at some point, Quinn threw a Sprite bottle at plaintiff. It hit plaintiff’s [77]*77beer bottle. Both bottles shattered and plaintiff received several substantial cuts about his face and head. Quinn claims that plaintiff was in the process of throwing his beer bottle at him (Quinn), and that his actions were in self-defense. Plaintiff denied attempting to throw at Quinn or making any such menacing movement.

Besides fixing the amount of damages, the jury found that plaintiff was struck by a bottle as a result of the intentional or negligent acts of Quinn, that Quinn acted in self-defense, that Quinn was acting as an employee of Daisy Bel Guidry at the time, that Daisy Bel Guidry was negligent, and her negligence was the proximate cause of the incident.1

Plaintiff’s counsel contends that the evidence is so overwhelming that Quinn was not acting in self defense that the jury’s finding of self-defense arose not from misjudgment, but from confusion or error in answering the interrogatories. He quotes a statement from the trial judge at a post-trial hearing expressing doubt as to how the jury made the finding of self-defense. Except for polling and certain types of extreme irregularities such as tampering, etc., the law does not allow any inquiry into the method or thought processes by which a jury reaches its verdict. See Thibeaux v. State Farm Mutual Automobile Ins. Co., La.App., 285 So.2d 363 (3rd Cir.1973). Any such determination would require a trial court factual inquiry, which was not had in this matter. Accordingly, there is no evidence supportive of plaintiff’s contention.

Further argument is made by plaintiff’s counsel that the self-defense finding did not include the question of whether Quinn used excessive force. In a post-trial proceeding, he sought to have that issue decided by the judge, but this was denied. The interrogatory propounded to the jury did not itself allude to the matter of excessive force. However, the charge clearly instructed the jury that one engaged in excessive force could not claim self-defense. Accordingly, we think the jury’s answer necessarily dealt with the issue of excessive force.

The more serious issue presented by this appeal is whether we can reverse the jury’s finding that Quinn acted in self-defense. We now review the various considerations pertinent to this determination.

Plaintiff was 32 years of age, had been married for several years, and was employed as a teacher. He had been periodically afflicted with a mental condition for some years. Defendant was about 50 years of age, a veteran seaman, and possessed strong feelings on the race issue. These [78]*78two had never known each other prior to the date in question.

Plaintiff and the five members of the Poche group all testified on his behalf. Defendant Quinn and Mrs. Guidry gave counter testimony. Two other patrons of the bar at the time were not called as witnesses. One. of these may have been friendly disposed towards Quinn.

As they entered the bar, the Poche group took seats on stools at the bar. Plaintiff first went to the juke box for a while apcj.'” then took a position at the bar, immediately to the right of the Poche group. The stronger trend of the testimony is that plaintiff was seated and not standing. According to Quinn and Mrs. Guidry, after some conversation between Quinn and plaintiff, plaintiff raised his beer bottle with his right hand and was throwing or had thrown it when Quinn threw the Sprite bottle. According to Quinn, plaintiff was eyeing him menacingly or threat-ingly. Mrs. Guidry (who claims to have been observing the bar from her living quarters) claims plaintiff’s eyes were blinking wildly. Apparently he had a facial tic. The plaintiff testified that his bottle was on the bar and his hands were not moving as if to lift it or otherwise. All the Poche group testified that plaintiff had not lifted his bottle or made any gesture which could be taken as an attempt to throw the bottle, or at least they did not see any such action.

The testimony shows that prior to the bottle throwing, there had been a general conversation involving all the patrons and particular conversations were going on between different patrons and those seated next to them. It is noted that all of the plaintiff’s witnesses were to his left and away from his right hand. All except the one immediately next to him had one or more persons seated between them and plaintiff. Generally, their attention was straight ahead or to their left.

There is some conflict as to the exact words used by plaintiff and Quinn in their outburst immediately preceding the violence. It seems that Quinn was running down the Negro race and stated he would serve plaintiff a “nigger” beer. Immediately prior to the violence, plaintiff supposedly stated that perhaps he (plaintiff) had Negro blood in his veins, and Quinn replied that he ought to go drink with them. We can conclude that the conversation was /such as would engender sufficient hostility in either to initiate violence, depending on their inclinations to such, their moods at the time and the extent to which these two personalities irritated each other.

Quinn claims that as he was turning or walking away from plaintiff, he perceived the commencement of the throwing gesture, that he immediately grabbed the Sprite bottle from the rear bar and hurled it, and that the bottles hit in midair. This explanation and other evidence pose serious questions of timing and the physical possibility of the incident occurring as Quinn claims. We have weighed all these non-credibility considerations but are unable to conclude that the question can be resolved other than by assessing the witnesses’ credibility.

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Greene v. Roy
604 So. 2d 1359 (Louisiana Court of Appeal, 1992)
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Morris v. Guidry
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Cite This Page — Counsel Stack

Bluebook (online)
335 So. 2d 75, 1976 La. App. LEXIS 4811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-guidry-lactapp-1976.