Pritchard v. Geico Ins. Co.

242 So. 3d 787
CourtLouisiana Court of Appeal
DecidedNovember 8, 2017
DocketCA 17–273, CA 17–274
StatusPublished
Cited by1 cases

This text of 242 So. 3d 787 (Pritchard v. Geico Ins. 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
Pritchard v. Geico Ins. Co., 242 So. 3d 787 (La. Ct. App. 2017).

Opinion

SAUNDERS, Judge.

This matter arises out of an automobile collision with Defendants' minor child, as a result of the minor's failure to yield at an intersection. The trial court found Plaintiffs to be free of fault, and the minor to be 100% at fault. The judgment incorrectly cast him in judgment for damages and court costs, as he was a minor at the time of the accident and not a named defendant in the suit. Plaintiffs' attorney subsequently presented to the trial court an amended judgment and order with regard to the quantum and court costs assessed to the minor with no opposition filed by any party. However, that amended judgment and order never got filed into the record.

Defendants now appeal the trial court's ruling. Their argument is that the trial court erred in rendering judgment against a minor, in its allocation of fault and in its award of general damages.

FACTS AND PROCEDURAL HISTORY :

Plaintiffs, Brenda and Tobice Pritchard ("Pritchards"), filed suit against Defendants, Edwin and Carla Ratcliff ("Ratcliffs") and their insurer, GEICO Casualty Company ("GEICO"), for injuries they sustained as a result of an automobile collision that occurred on May 27, 2013, in Natchez, Mississippi. The accident occurred when the Pritchards' vehicle, driven by Tobice Pritchard, in which Brenda Pritchard was a passenger, struck the vehicle being driven by the Defendants' minor child as he attempted to make a left-hand turn across a four-lane intersection in front of the Pritchards' vehicle. Initially, the Pritchards filed separate lawsuits, but the suits were later consolidated.

The Defendants' insurer, GEICO, by stipulation has insurance coverage of $50,000.00 per person, $100,000.00 per accident.

After a bench trial, the trial court awarded general damages in the amount of $26,000.00 to Brenda Pritchard and awarded general damages in the amount of $50,000.00 to Tobice Pritchard against the Defendants' minor child and GEICO.1

*790Defendants timely filed a motion for suspensive appeal. Pursuant to that motion, Defendants are presently before this court alleging two assignments of error.

ASSIGNMENTS OF ERROR:

1. The trial court committed both legal error in rendering judgment against a minor and manifest error in its assessment of fault.
2. The trial court committed manifest error in its award of general damages.

ASSIGNMENT OF ERROR NUMBER ONE:

In their first assignment of error, Defendants make two contentions, the first being that the trial court committed legal error in rendering judgment against a minor at the time of the accident. We find merit to this contention.

Under the de novo standard of review, the appellate court assigns no special weight to the trial court and, instead, if possible, when it finds that the trial court made a reversible error of law, then conducts a de novo review and renders judgment on the record. Roberts v. Hartford Fire Ins. Co. , 05-1178 (La.App. 3 Cir. 4/5/06), 926 So.2d 121, writ denied , 06-1056 (La. 6/23/06), 930 So.2d 984. We find that the trial court made a reversible error of law in rendering judgment against a minor.

In the instant case, the trial court rendered judgment against a minor at the time of the accident, who was not a named defendant in the suit. All parties agreed that the court erroneously included the minor in the judgment, thus, Plaintiffs' attorney subsequently submitted an amended judgment and order to the court. However, that judgment was allegedly lost and was never filed in the record.

Louisiana Civil Code Article 2318 states: "parents are responsible for the damage occasioned by their child as provided by law."

Louisiana Civil Code of Civil Procedure Article 1951 provides:

On motion of the court or any party, a final judgment may be amended at any time to alter the phraseology of the judgment, but not its substance, or to correct errors of calculation. The judgment may be amended only after a hearing with notice to all parties, except that a hearing is not required if all parties consent or if the court or the party submitting the amended judgment certifies that it was provided to all parties at least five days before the amendment and that no opposition has been received.

In Villaume v. Villaume , 363 So.2d 448, 450 (La.1978), the supreme court noted "the judgment may be amended by the court where the amendment takes nothing from or adds nothing to the original judgment."

In the instant case, according to the original judgment, the minor was incorrectly cast in judgment for damages and court costs. An amended judgment and order with regard to the quantum and court costs assessed to the minor was subsequently submitted to the court, with no opposition filed by any party. However, the amended judgment and order never got filed into the record. Therefore, we amend the judgment to correct the phraseology that incorrectly cast the minor in judgment, to instead cast Defendants, Edwin and Carla Ratcliff, in judgment.

*791Changing the phraseology of the judgment does not affect the rights of the parties.

In their first assignment of error, Defendants' second contention is that the trial court committed manifest error in its allocation of fault. We disagree.

A fact finder's allocation of fault is subject to the manifestly erroneous or clearly wrong standard of review. Stobart v. State, through Dep't of Transp. & Dev. , 617 So.2d 880 (La.1993). The findings of fact made by a jury will not be disturbed unless they are manifestly erroneous or clearly wrong. Id. "Absent 'manifest error' or unless it is 'clearly wrong,' the jury or trial court's findings of fact may not be disturbed on appeal." Sistler v. Liberty Mut. Ins. Co. , 558 So.2d 1106, 1111 (La.1990). "If the trial court or jury's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even though convinced that had it been siting as the trier of fact, it would have weighed the evidence differently." Id. at 1112.

In Watson v. State Farm Fire & Cas. Ins. Co.,

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Bluebook (online)
242 So. 3d 787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pritchard-v-geico-ins-co-lactapp-2017.