Palmer v. UV Ins. Risk Retention Grp., Inc.

262 So. 3d 1006
CourtLouisiana Court of Appeal
DecidedDecember 19, 2018
DocketNO. 18-CA-404; NO. 18-CA-404 C/W 18-CA-405
StatusPublished

This text of 262 So. 3d 1006 (Palmer v. UV Ins. Risk Retention Grp., Inc.) 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
Palmer v. UV Ins. Risk Retention Grp., Inc., 262 So. 3d 1006 (La. Ct. App. 2018).

Opinion

LILJEBERG, J.

*1009In this personal injury action, plaintiff appeals the trial court's judgment, rendered in accordance with the jury's verdict, dismissing his claims against all defendants with prejudice. For the following reasons, we affirm.

STATEMENT OF THE CASE

This case arises from a motor vehicle accident that occurred in St. James Parish on November 24, 2014. According to plaintiff, Richard Palmer, he was traveling eastbound on LA-70 over the Sunshine Bridge when traffic congestion caused him to come to a stop. Suddenly, a pickup truck driven by defendant, Michael Smith, struck the vehicle behind Mr. Palmer, which in turn struck Mr. Palmer's vehicle. At the time of the accident, Mr. Smith was working for UV Logistics, L.L.C. ("UV Logistics"), which was insured by UV Insurance Risk Retention Group, Inc. ("UV Insurance") and American Zurich Insurance Company ("AZIC").

On November 5, 2015, Mr. Palmer filed this lawsuit against Mr. Smith, UV Logistics, and UV Insurance, asserting that he sustained serious back, leg, and hip injuries as a result of this accident. On January 23, 2017, Mr. Palmer filed a First Supplemental and Amending Petition adding AZIC as a defendant.1

On January 26, 2017, Mr. Smith and UV Logistics filed a "Stipulation of Liability" into the record, indicating that they accepted full responsibility and liability for the motor vehicle accident that occurred on November 24, 2014. Mr. Smith and UV Logistics indicated that they would continue to contest all other issues, such as whether Mr. Palmer sustained any injuries as a result of the accident.

This matter proceeded to a jury trial, which began on November 14, 2017, and concluded on November 17, 2017. At the conclusion of trial, the jury returned a verdict in favor of defendants, finding that Mr. Palmer did not meet his burden of proving that he was injured as a result of the November 24, 2014, motor vehicle accident. On December 20, 2017, the trial judge signed a judgment in accordance with the jury's verdict, dismissing Mr. Palmer's claims against all defendants with prejudice. Mr. Palmer appeals.

LAW AND DISCUSSION

On appeal, Mr. Palmer argues that he did not receive a fair and impartial trial. He sets forth five assignments of error, claiming that the trial court's judgment rendered in accordance with the jury's verdict should be overturned.

In his first assignment of error, Mr. Palmer argues that the trial court abused *1010its discretion by failing to strike four prospective jurors for cause. He argues that the four prospective jurors, Charles Core, Guy Schexnayder, Chad Bourgeois, and Jordan O'Bryant, all indicated that they were opposed to lawsuits for personal injuries, three of them indicated that they would not be able to apply the preponderance of the evidence standard to the facts of this case, and two of them acknowledged that they would have difficulty being fair. Mr. Palmer contends the responses of these prospective jurors, when viewed in context of the overall voir dire examination, were disqualifying, and his challenges for cause should have been granted. We note that none of these four prospective jurors was seated on the jury, as plaintiff used peremptory challenges to strike them.2

Defendants respond that the challenges for cause were properly denied. They contend that plaintiff's counsel purposefully attempted to put a different standard of proof than a preponderance of the evidence in the prospective jurors' minds. They argue that the responses from prospective jurors of which plaintiff now complains were the result of plaintiff's counsel's continued questioning about how they felt about the preponderance of the evidence standard. Defendants assert that plaintiff's counsel insinuated that the prospective jurors had the option of applying a different standard of review than the standard instructed by the court.

La. C.C.P. art. 1765(2) provides that a juror may be challenged for cause when he "has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial." A trial judge is vested with broad 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. Riddle v. Bickford , 00-2408 (La. 5/15/01), 785 So.2d 795, 801 ; Simms v. Progressive Ins. Co. , 38,804 (La. App. 2 Cir. 9/29/04), 883 So.2d 473, 479, writ denied , 04-2871 (La. 1/28/05), 893 So.2d 78.

If a prospective juror is able to state to the trial court's reasonable satisfaction that he could render an impartial verdict according to the law and evidence, a challenge for cause to that juror is properly denied. Scott v. American Tobacco Company , 01-2498 (La. 9/25/01), 795 So.2d 1176, 1182. However, a challenge for cause should be granted, even when a prospective juror declares his ability to remain impartial, if the juror's responses as a whole reveal facts from which bias, prejudice, or inability to render judgment accordingly may be reasonably implied. Id. , citing State v. Hallal , 557 So.2d 1388, 1390 (La. 1990). A prospective juror's seemingly prejudicial response is not grounds for an automatic challenge for cause, and the denial of such a challenge is not an abuse of discretion, if after further questioning the prospective juror demonstrates a willingness and ability to decide the case impartially according to the law and evidence. State v. Castillo , 13-552 (La. App. 5 Cir. 10/29/14), 167 So.3d 624, 639, writs denied , 14-587 (La. 11/7/14), 152 So.3d 172 and 14-2567 (La. 9/18/15), 178 So.3d 145.3

Shortly after questioning of the prospective jurors began, the trial judge stated:

At the conclusion of the evidence, I will instruct you on the law applicable to this *1011case. You must apply the law as I instruct you to the facts as you find them.

The trial judge then asked:

Will you follow the law as I give it to you? Does anyone here think they cannot follow the law once I give the instructions?

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Riddle v. Bickford
785 So. 2d 795 (Supreme Court of Louisiana, 2001)
State v. Hallal
557 So. 2d 1388 (Supreme Court of Louisiana, 1990)
Briscoe v. Briscoe
641 So. 2d 999 (Louisiana Court of Appeal, 1994)
State v. Trahan
576 So. 2d 1 (Supreme Court of Louisiana, 1991)
Scott v. American Tobacco Co.
795 So. 2d 1176 (Supreme Court of Louisiana, 2001)
Green v. Claiborne Elec. Co-Op., Inc.
677 So. 2d 635 (Louisiana Court of Appeal, 1996)
Wyatt v. Hendrix
998 So. 2d 233 (Louisiana Court of Appeal, 2008)
Hooker v. Super Products Corp.
751 So. 2d 889 (Louisiana Court of Appeal, 1999)
Simms v. Progressive Ins. Co.
883 So. 2d 473 (Louisiana Court of Appeal, 2004)
Gunn v. Robertson
801 So. 2d 555 (Louisiana Court of Appeal, 2001)
State v. Castillo
167 So. 3d 624 (Louisiana Court of Appeal, 2014)
Chicago Property Interests, L.L.C. v. Broussard
177 So. 3d 1074 (Louisiana Court of Appeal, 2015)
Terry v. Simmons
215 So. 3d 410 (Louisiana Court of Appeal, 2017)
Henry v. Sullivan
223 So. 3d 1263 (Louisiana Court of Appeal, 2017)
Johnson v. E.I. Dupont Denemours & Co.
7 So. 3d 734 (Louisiana Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
262 So. 3d 1006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-uv-ins-risk-retention-grp-inc-lactapp-2018.