Pete v. Trent

583 So. 2d 574, 1991 La. App. LEXIS 1876, 1991 WL 114111
CourtLouisiana Court of Appeal
DecidedJune 26, 1991
DocketNo. 90-106
StatusPublished
Cited by1 cases

This text of 583 So. 2d 574 (Pete v. Trent) 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
Pete v. Trent, 583 So. 2d 574, 1991 La. App. LEXIS 1876, 1991 WL 114111 (La. Ct. App. 1991).

Opinion

DOMENGEAUX, Chief Judge.

Plaintiffs sued defendants for damages which resulted from a fire that ignited in the defendants’ house and spread to the plaintiffs’ house. Plaintiffs are Clarence and Alma Pete; their children, Carver, Le-sia, Fitzgerald, Roselyn (Rose), Ronald, and Kevin; their son-in-law, Ricky Reed; their grandchild, Kevin Pete, Jr.; a friend of the family, Lillian Conway; and Alma Pete’s mother, Amelia Milburn. Defendants are Edward and Castina Trent; their children, Edward, Jr., Byron, and Sabrina; their liability insurer, Aetna Casualty and Surety Company (which was incorrectly named in the petition); and the Petes’ fire insurer, Union National Fire Insurance Company.

Plaintiffs contend the fire began when someone in the Trent household left unattended a pot of food cooking on a gas stove. The fire that resulted completely [576]*576destroyed both the Pete and Trent homes. There is no serious dispute as to the cause of the fire. Plaintiffs asserted causes of action for negligence and strict liability and urged the applicability of the doctrine of res ipsa loquitur. Union National ultimately paid the limits of its policy and intervened in the Petes’ suit to recover the amounts paid from the remaining defendants. Prior to trial, plaintiffs voluntarily dismissed Sabrina Trent who had never been served.

At trial, plaintiffs presented evidence concerning the cause of the fire and the value of their damages. They were unable to prove which member of the Trent family left the stove on or that the stove was defective. However, the fact that the stove caused the fire was not disputed, and in a stipulation by the parties, Aetna admitted liability. The defendants’ case consisted primarily of an attack on the credibility of the plaintiffs’ testimony concerning the value of their lost property.

The jury returned a verdict in favor of some of the plaintiffs, awarding a total of $74,750.00. No negligence or strict liability was found on the part of the Trents, however, and judgment was rendered solely against Aetna. All of the plaintiffs appealed, raising the following issues:

I. When a fire originates in an adjoining house as a result of a pot being left on the eye of a lighted gas stove, should the trial judge charge the jury as to the doctrine of res ipsa loquitur?
II. When the evidence is uncontested that a house fire resulted from a pot being left on the eye of a lighted gas stove, did the jury err in not holding the owners of the home responsible for that defect in the premises, or, alternatively, the individual who cooked on the stove-top?
III. Should the trial judge have allowed an opinion by an insurance adjuster that 50% of the amount carried on the home itself was adequate coverage for contents, especially in light of the fact that evidence of the amount of one policy, i.e., Transamerica Premier Insurance Company, was not presented to the jury for consideration?
IV.Were the damages awarded to the plaintiffs adequate, especially considering the virtually uncontested movable property loss as suffered by each of the plaintiffs?

We will address the plaintiffs’ third issue first.

THE 50% RULE

Don Perkins testified for Aetna as an expert in property damage appraisals. During the course of his testimony on direct examination, the following colloquy took place:

Q Through your experience have you made any observations as to what the depreciated value of the contents, what relationship they generally bear to the value of a home?
MR. KNAPP: Your Honor, I’m going to again object. I don’t think this has any relevance.
THE COURT: The objection is overruled. You may proceed.
A (By the witness) Well, standard, when we go on a claim, we automatically assume that the contents coverage will be fifty percent of the amount carried on the dwelling which is standard. Sometimes there are riders where they will carry a little more, but fifty percent. That way we normally assume they have at least that much coverage on their contents, and that is standard.
Q (By Mr. Trahan) Okay, and my question now is in your experience of actually appraising these fire losses and tallying up what the contents consist of and what their value is, has your experience borne that out as being the general rule as to what a person’s contents generally—
MR. KNAPP: Your Honor, I, again, object, and it is on the basis of not being relevant to this proceeding. He’s talking in general terms and not talking about this case.
MR. TRAHAN: Well, he can make that—
[577]*577THE COURT: Well, he can go into that. He’s got an expert here. He’s within the range of the appraisals. You may proceed.
Q (By Mr. Trahan) Okay, again, my question was — I think you understood the question. Go ahead, please.
A (By the witness) Yeah, normally, the contents are in proportion, and it’s been figured out many years ago that this would be adequate for your contents coverage. Now, as a person’s home would pass a certain level and become into the luxury level, then you would expect to find a lot more contents inside even though the 50 percent would be a larger figure. These type of people may tend to have more luxury items than contents as well, to have more jewelry, guns, collections of different things, but in a standard home, 50 percent is usually adequate to take care of all the contents at actual cash value.

The questions asked merely sought to elicit whether a statistical relationship exists generally between the damage appraisal of a home and the damage appraisal of its contents. This is relevant to the defense that the plaintiffs’ damage estimates were not credible. The question was asked in an attempt to prove that the plaintiffs’ alleged contents loss exceeded the general or average contents loss in the expert’s experience. Don Perkins was qualified as an expert to answer questions concerning his specialized knowledge as a property damage appraiser. We hold, therefore, that the trial judge properly overruled the relevancy objections made by plaintiffs’ counsel.

VALUATION OF CONTENTS LOSS

In their petition, plaintiffs itemized their damages for loss of property, expenses, inconvenience, and emotional distress. Plaintiffs attempted to prove the value of their damages by submitting a detailed list of the home’s contents with estimated ages and values of each item. Depreciation was factored in. They estimated the replacement value of some items by obtaining price quotes from local retailers on items similar to those lost in the fire. They collected old photographs from friends and relatives showing the interior of their home. They did not obtain old bank records, retail customer account records, or other such transaction records to prove payments or purchases made. Concerning certain items of furniture that had been given to the Petes as gifts, the plaintiffs did not present any testimony from the donors or other evidence of the value of such gifts.

The defendants contend the plaintiffs overstated the value of their contents loss. The defendants characterized the plaintiffs’ estimated value of the home’s contents as a gross exaggeration, which they attempted to prove by way of example.

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Cite This Page — Counsel Stack

Bluebook (online)
583 So. 2d 574, 1991 La. App. LEXIS 1876, 1991 WL 114111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pete-v-trent-lactapp-1991.