Raburn & Associates v. Burgundy Oaks L.L.C.

875 So. 2d 119, 2004 La. App. LEXIS 1276, 2004 WL 1117895
CourtLouisiana Court of Appeal
DecidedMay 20, 2004
DocketNo. 38,428-CA
StatusPublished

This text of 875 So. 2d 119 (Raburn & Associates v. Burgundy Oaks L.L.C.) 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
Raburn & Associates v. Burgundy Oaks L.L.C., 875 So. 2d 119, 2004 La. App. LEXIS 1276, 2004 WL 1117895 (La. Ct. App. 2004).

Opinion

I iLOLLEY, J.

Burgundy Oaks, L.L.C. and James A. Young appeal the judgment rendered by the First Judicial District Court, Parish of Caddo, State of Louisiana in favor of Ra-burn & Associates. For the following reasons, we affirm.

Facts

This lawsuit stems from the planning and development by James A. Young, a real estate developer, of a Shreveport residential subdivision, Burgundy Oaks (the “subdivision”). Raburn & Associates pro[121]*121vided professional engineering services to Burgundy Oaks, L.L.C. and Young (collectively, “Burgundy Oaks” or appellants) for the entire subdivision, except for the initial unit 1. The parties entered into a contract for the subdivision, which services by Ra-burn & Associates were to include layouts of the various lots, engineering design for streets, drainage and sewer, and the marking of the lots as designed.

Invoices were submitted to Burgundy Oaks by Raburn & Associates for professional services rendered until June 18, 1997. Following that and until November 16, 1998, no invoices were submitted. During this time, Raburn & Associates had been paid in full for all invoices outstanding. On November 16, 1998, Raburn & Associates submitted five (5) invoices in amounts totaling approximately $50,000. These invoices went unpaid, and follow-up invoices were submitted by Raburn & Associates on February 18, 1999 and March 26, 1999, for all past-due amounts. On October 15, 1999, Raburn & Associates made written demand on Burgundy Oaks for the full open account balance, but the amount still went unpaid.

li>,0n June 16, 2000, this action was commenced by Raburn & Associates as a suit on open account seeking the recovery of $53,096.50, together with interest and attorneys’ fees. In response, Burgundy Oaks filed its answer and reconventional demand against Raburn & Associates for its alleged failure to adhere to the professional standards allegedly expected of and ascribed to professional civil engineers and land surveyors (i.e., a claim of professional malpractice).

A six-day bench trial of the matter was held in late October and early November 2002. At the conclusion of trial, the trial court determined that Raburn & Associates had met its burden of proof and awarded it $48,346.50 for services, but denied its request for attorneys’ fees. Burgundy Oaks’ reconventional demand was rejected. Judgment was entered in favor of Raburn & Associates, and this appeal by appellants ensued.

Discussion

In civil cases, the appropriate standard for appellate review of factual determinations is the manifest error/clearly wrong standard, which precludes the setting aside of a district court’s finding of fact unless that finding is clearly wrong in light of the record reviewed in its entirety. Hall v. Folger Coffee Co., 2003-1734 (La.04/14/2004), 874 So.2d 90; Cenac v. Public Access Water Rights Ass’n, 2002-2660 (La.06/27/03), 851 So.2d 1006. Where the parties to a lawsuit present conflicting evidence on the litigated issues presented to the trial court, one of the basic tenets of the manifest error standard of review is that “reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon | areview, even though the court of appeal is convinced that had it been the trier of fact, it would have weighed the evidence differently.” Hall, supra; Parish Nat. Bank v. Ott, 2002-1562 (La.02/25/03), 841 So.2d 749.

A two-part test for the reversal of the factfinder’s determinations has been used: (1) the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). Parish Nat. Bank, supra, quoting Stobart v. State through Dept. of Transp. and Dev., 617 So.2d 880 (La.1993).

Here, .Raburn & Associates initially brought its action on open account against Burgundy Oaks, L.L.C. and Young, who answered and filed a reconventional demand against Raburn & Associates, generally alleging that Raburn & Associates had [122]*122committed professional malpractice in connection with its engineering services on the subdivision. As stated, the trial court ruled in favor of Raburn & Associates and against Burgundy Oaks on the claims of professional malpractice, which, generally, appellants argue was in error.

An engineer owes a duty to exercise the degree of professional care and skill customarily employed by others of his profession in the same general area. Rogers v. Price, 29,721 (La.App.2d Cir.08/20/97) 698 So.2d 723, writ not considered, 1997-2406 (La.12/12/97), 704 So.2d 1180; Emond v. Tyler Bldg, and Const Co., 438 So.2d 681 (La.App. 2d Cir.1983); Hogan Exploration, Inc., v. Monroe Eng’g Assocs., Inc., 430 So.2d |4696 (La.App. 2d Cir.1983). Proof of failure to perform commensurate with these standards ordinarily rests with the party making such claims. Hogan, supra at 700.

In its first assignment of error, the appellants argue that the trial court erred in relying on the expert opinion of James Mohr, Raburn & Associates’ expert at trial. Primarily, appellants argue that Mohr’s opinions were not based on any recognizable community standard and should not have been relied upon by the trial court.

We note that a trial court evaluates expert testimony by the same principles that apply to other witnesses and has great discretion to accept or reject expert or lay opinion. Johnson v. English, 34,322 (La.App.2d Cir.12/20/00), 779 So.2d 876, citing, Orea v. Scallan, 32,622 (La.App.2d Cir.01/26/00), 750 So.2d 483. The weight to be accorded to testimony of experts depends largely on their qualifications and the facts upon which they base their opinions. Id. In this case, all the experts were admitted by stipulation of the parties, thus their individual qualifications were never at issue.

On appeal, appellants argue that the trial court erred in relying on Mohr’s opinions, which appellants state were not based on any recognizable community standard. To that issue, however, we reiterate and emphasize that at trial it was the appellants’ burden to prove that Raburn & Associates deviated from the standard of care and skill customarily employed by engineers in this locale. Importantly, the burden did not lie with Raburn & Associates to prove through expert evidence that this standard was met, but |Rthe appellants’ burden to prove that the standard was not met. In other words, if appellants failed to prove their claims at trial, then it is of no consequence whether Ra-burn & Associates’ expert’s opinion was lacking or not. In fact, Raburn & Associates had no burden to even put forth any expert evidence. The trial court’s opinion makes clear, in addressing the various issues litigated, that the appellants failed to meet their burden of proof necessary at trial, which finding we conclude was not in error.

At trial, the appellants utilized the services of two experts, Denzil Blount and Joey French, both civil engineers who had worked on the project.

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

Related

Stobart v. State Through DOTD
617 So. 2d 880 (Supreme Court of Louisiana, 1993)
Johnson v. English
779 So. 2d 876 (Louisiana Court of Appeal, 2000)
Rogers v. Price
698 So. 2d 723 (Louisiana Court of Appeal, 1997)
Parish Nat. Bank v. Ott
841 So. 2d 749 (Supreme Court of Louisiana, 2003)
Cenac v. Public Access Water Rights Ass'n
851 So. 2d 1006 (Supreme Court of Louisiana, 2003)
Emond v. Tyler Building and Const. Co., Inc.
438 So. 2d 681 (Louisiana Court of Appeal, 1983)
Orea v. Scallan
750 So. 2d 483 (Louisiana Court of Appeal, 2000)
Hall v. Folger Coffee Co.
874 So. 2d 90 (Supreme Court of Louisiana, 2004)
Rogers v. Price
704 So. 2d 1180 (Supreme Court of Louisiana, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
875 So. 2d 119, 2004 La. App. LEXIS 1276, 2004 WL 1117895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raburn-associates-v-burgundy-oaks-llc-lactapp-2004.