Nalle v. State Farm Fire & Cas. Co.

702 So. 2d 854, 97 La.App. 3 Cir. 441, 1997 La. App. LEXIS 2413, 1997 WL 619265
CourtLouisiana Court of Appeal
DecidedOctober 8, 1997
Docket97-441
StatusPublished
Cited by6 cases

This text of 702 So. 2d 854 (Nalle v. State Farm Fire & Cas. 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
Nalle v. State Farm Fire & Cas. Co., 702 So. 2d 854, 97 La.App. 3 Cir. 441, 1997 La. App. LEXIS 2413, 1997 WL 619265 (La. Ct. App. 1997).

Opinion

702 So.2d 854 (1997)

Darlene NALLE, Plaintiff-Appellant-Appellee,
v.
STATE FARM FIRE & CASUALTY COMPANY, et al., Defendants-Appellees-Appellants.

No. 97-441.

Court of Appeal of Louisiana, Third Circuit.

October 8, 1997.

*856 W. Jay Luneau, Alexandria, for Darlene Nalle, et al.

Bonita K. Preuette, Alexandria, for State Farm Fire & Casualty Co. et al.

Before SAUNDERS, WOODARD and PETERS, JJ.

SAUNDERS, Judge.

A teacher was injured in a fall when one of her students turned abruptly, colliding with her. The question presented by plaintiff's appeal is whether the trial court erred in assessing her with 65% fault, after finding that there was no way that the teacher could have anticipated the sudden action of her student. Additionally, defendants' appeal questions whether the trial court should not have invoked the "unavoidable accident" doctrine to absolve both the teacher and the student of liability.

In light of the established fact that Ms. Nalle could not have anticipated her peril, we conclude that she bore no legal responsibility for her injuries. Also, for the following reasons, we conclude that the unavoidable doctrine does not apply to save defendants from liability.

FACTS

October 17, 1994, seemed like any day for Ms. Darlene Nalle and her fourth grade class at Lessie Moore Elementary School in Rapides Parish when lunch time arrived. Because the door to the classroom is spring-loaded, Ms. Nalle randomly selected one of her students, a nine-year-old who for present purposes we will call Airion, to hold the door of the classroom open so that members of his and Ms. Nalle's class could exit the classroom onto an adjacent sidewalk and there queue for lunch. In accordance with routine practice, after Airion opened the spring-loaded door, Ms. Nalle directed one row at a time to file out of the classroom and form a line on the adjacent sidewalk. Ms. Nalle exited the classroom last so that she could lock the room, thus securing it from adolescent mischief and the risk of extramural misdeeds from a nearby public street.

This litigation results from injuries sustained by Ms. Nalle following a collision with Airion. According to the trial court, whose findings are supported by the record, the fall occurred when young Airion, rather than holding the door open and then joining his classmates in line, suddenly "wheeled around" and dashed toward the classroom, crashing into the startled Ms. Nalle. The teacher's fall resulted in a broken arm, whose permanent partial loss of use motivated the trial court to award $22,000.00.[1]

The trial court apportioned 65% of the fault to Ms. Nalle and 35% to her young student. It is this finding by the trial court which motivates both parties to appeal.

UNAVOIDABLE ACCIDENT

Initially, we take up the language used by the trial court in stating its opinion that the collision between teacher and student in this situation was "unavoidable," language embraced by both parties to raise the unavoidable accident doctrine.

La.Civ.Code art. 2315 provides in pertinent part:

Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.

La.Civ.Code art. 2316 further directs:

Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.
*857 Under these articles, the elements of a cause of action are fault, causation and damage. The existence of a legal duty coupled with a breach of that duty are prerequisites to any determination of fault. Whether a legal duty is owed by one party to another depends on the facts and circumstances of the case and the relationship of the parties. In all cases, duty can be stated generally as the obligation to conform to the standard of conduct of a reasonable man under like circumstances. Roberts v. State, Through Louisiana Health and Human Resources Administration, 404 So.2d 1221 (La.1981); Straley v. Calongne Drayage & Storage, Inc., 346 So.2d 171 (La.1977). A breach of a legal duty that causes damage to another makes the offender liable under the above articles.
As a general rule, the doctrine of "unavoidable or inevitable accident" relieves a person of liability. The person invoking the protection of the doctrine, however, must also show that he himself was in no way to blame for the happening. Sharp v. Kahn, 143 So. 514 (La.App. 1st Cir.1932). The doctrine of unavoidable or inevitable accident can be stated as follows:
As a corollary of the rule for determining legal responsibility for negligence, if a motorist or other traveler has exercised ordinary care as required by the common law (or the highest degree of care as may be required), and has nevertheless been the occasion of inflicting injury on another, the accident is said to be inevitable, for which no liability attaches. Unavoidable accident is not an affirmative defense but merely negatives negligence.
....
The mere fact that as to a motorist a collision might have been inevitable or unavoidable at the time of its occurrence will not entitle that motorist to the protection of the doctrine of unavoidable accident if the situation thus brought about was the result of the motorist's own negligence.
2 Blashfield, Automobile Law and Practice s 101.13 (rev.3d ed.1979). See also 7A Am.Jur.2d, Automobiles and Highway Traffic s 397; 60A C.J.S. Motor Vehicles § 256.

Seals v. Morris, 410 So.2d 715, 718-19 (La. 1981)(on rehearing).

According to defendants, the doctrine relieves them of any and all liability since its presence necessarily means the absence of liability. Meanwhile, as plaintiff suggests, the doctrine does not avail itself to those whose negligence brings about the situation to begin with.

From the record and the context in the trial court's oral reasons, we conclude that the unavoidable doctrine is not applicable. While it is true that in its preamble, the trial court enunciated the talismanic words "unavoidable" and "accident," in context it is obvious that what the trial court in fact attempted to convey was not that the accident was unavoidable in the legal sense described in Seals, 410 So.2d 715, but rather that the accident was simply "one of those things," language intended to suggest that the collision was purely accidental and not motivated by malice. In other words, we conclude that the "unavoidable accident" raised by defendants and rebutted by plaintiff is a red herring.

Defendants' Other Assigned Errors

Mistaken Identity

Next, we address the other two errors assigned by defendants.

Defendants' first assigned error suggests that the trial court manifestly erred in finding that young Airion and not another student was involved in the collision with plaintiff, a notion first raised by our young tortfeasor to the surprise of all shortly before the close of evidence. We find no merit to this contention, as the evidence overwhelmingly suggests otherwise.

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702 So. 2d 854, 97 La.App. 3 Cir. 441, 1997 La. App. LEXIS 2413, 1997 WL 619265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nalle-v-state-farm-fire-cas-co-lactapp-1997.