Myers v. American Seating Co.

637 So. 2d 771, 93 La.App. 1 Cir. 1350, 1994 La. App. LEXIS 1734, 1994 WL 195666
CourtLouisiana Court of Appeal
DecidedMay 20, 1994
Docket93 CA 1350
StatusPublished
Cited by27 cases

This text of 637 So. 2d 771 (Myers v. American Seating 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
Myers v. American Seating Co., 637 So. 2d 771, 93 La.App. 1 Cir. 1350, 1994 La. App. LEXIS 1734, 1994 WL 195666 (La. Ct. App. 1994).

Opinion

637 So.2d 771 (1994)

Carole MYERS and Dean Myers
v.
AMERICAN SEATING COMPANY.

No. 93 CA 1350.

Court of Appeal of Louisiana, First Circuit.

May 20, 1994.

*772 John P. Wolff, III, Baton Rouge, for plaintiffs-appellants Carole Myers and Dean Myers.

Harold Adkins, Baton Rouge, for intervenor-appellant EBRP School Bd.

Lindsay Larson, Thomas Loehn, New Orleans, for defendant-appellee American Seating Co.

Before CARTER, GONZALES and WHIPPLE, JJ.

CARTER, Judge.

This is an appeal from a trial court judgment granting a directed verdict in favor of defendants.

FACTS

On October 17, 1989, Carole Myers was seriously injured during the course and scope of her employment with East Baton Rouge Parish School Board as executive secretary at Winbourne Elementary. On the day of the accident, Myers stepped onto the rear of the seat of a folding chair ("54-folder") in order to place certain items on a ledge. As she stepped onto the chair, the seat suddenly folded ("jackknifed"), causing her foot and leg to slip through the opening. As a result of this accident, Myers sustained serious injuries to her leg.

On August 3, 1990, Carole Myers and her husband, Dean, filed a petition for damages against American Seating Company (American Seating), the manufacturer of the chair, claiming that the chair was unreasonably dangerous. On August 24, 1990, plaintiffs filed a supplemental and amending petition, adding as a defendant MISSCO Corporation of Jackson, Inc. (MISSCO), the alleged seller of the chair.[1]

On November 5, 1990, East Baton Rouge Parish School Board (the School Board) filed a petition of intervention, alleging its entitlement to recovery of worker's compensation benefits and medical expenses paid, or to be paid, to, or on behalf of, Carole Myers.

On January 5, 1993, the Myerses again filed a supplemental and amending petition, adding as a defendant St. Paul Fire and Marine Insurance Company, which allegedly *773 had in effect a policy of insurance providing coverage at the time of the accident.[2]

On March 15-19, 1993, the matter was tried before a jury. After the Myerses presented their case, American Seating moved for a directed verdict, asserting that the Myerses had not shown the chair to be unreasonably dangerous in accordance with the Louisiana Products Liability Act. The trial judge took the matter under advisement, and, after American Seating presented its case, the trial judge granted the directed verdict. On March 29, 1993, the trial judge signed a judgment in favor of American Seating, dismissing the Myerses' claims with prejudice at their cost.[3]

The Myerses appealed from the adverse judgment, assigning the following specifications of error:

1. The trial court erred in granting a directed verdict because the plaintiff presented more than sufficient evidence to establish a prima facie case of products liability, from which reasonable minds could conclude that American Seating Company was liable for Carole Myers' injuries.
2. The trial court erred in refusing to admit evidence of conversations that plaintiff's design engineering expert had with a former employee of American Seating Company.

The School Board also appealed from the judgment, raising the following issues for review:

1. Whether the trial court erred in granting a directed verdict in favor of American Seating Company.
2. Whether the East Baton Rouge Parish School Board is entitled to recover from American Seating Company the total amount of worker's compensation and medical benefits paid or to be paid to or on behalf of Carole Myers.

HEARSAY EVIDENCE

The Myerses contend that the trial court erred in refusing to admit evidence of a conversation between their expert, Bruce Donnell, and a former employee of American Seating, John Dexter. The Myerses reason that Donnell used the information he obtained from Dexter as a basis for his opinion as to whether the 54-folder was unreasonably dangerous. A tape recording of the conversation and a transcription of the recording were proffered at trial.[4]

"Hearsay" is defined in LSA-C.E. art. 801C as a statement, other than one made by the declarant while testifying at the present trial or hearing, offered in evidence to prove the truth of the matter asserted. Hearsay is not admissible except as provided by the Code of Evidence or other legislation. LSA-C.E. art. 802.

The Myerses acknowledge that the proffered evidence is hearsay; however, they argue that the hearsay evidence was admissible under LSA-C.E. art. 703, which provides as follows:

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. (Emphasis added).

Comment (d) to LSA-C.E. art. 703 provides as follows:

Under this Article the facts or data underlying the expert witness' opinion may properly be: (1) matters within his firsthand knowledge; (2) facts or data presented to him at trial, thus approving the use of hypothetical questions; and (3) under designated circumstances, facts or data not admissible in evidence (because, for example, their source is inadmissible hearsay), if *774 they are of a kind reasonably relied upon by experts in the particular field in arriving at their opinions or inferences. Whether the facts or data may be "reasonably relied upon" in this fashion is a question for the court under Article 104(A). (Citations omitted).

The fact that the expert may base his opinion or inference on inadmissible evidence does not necessarily imply that the expert may relate such information to the jury. Whether he may do so is governed by LSA-C.E. arts. 705[5] and 403. See Comment (f) to LSA-C.E. art. 703.

LSA-C.E. art. 403 provides that evidence, although relevant, may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or waste of time. A trial court is granted wide discretion in determining whether the probative value of evidence is outweighed by the danger of unfair prejudice, and its finding will not be disturbed on appeal in the absence of an abuse of that discretion. See State v. Bodley, 394 So.2d 584, 595 (La.1981).

The record indicates that the trial court considered the hearsay evidence extremely prejudicial to American Seating and, therefore, ruled it inadmissible. After reviewing the proffered evidence, we conclude that the trial court did not abuse his much discretion in ruling the evidence inadmissible.

DIRECTED VERDICT

The Myerses and the School Board contend that the trial court erred in granting American Seating's motion for directed verdict.

LSA-C.C.P. art. 1810 provides as follows:

A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made.

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Bluebook (online)
637 So. 2d 771, 93 La.App. 1 Cir. 1350, 1994 La. App. LEXIS 1734, 1994 WL 195666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-american-seating-co-lactapp-1994.