Rebouche v. Anderson

505 So. 2d 808
CourtLouisiana Court of Appeal
DecidedApril 1, 1987
Docket18493-CA
StatusPublished
Cited by7 cases

This text of 505 So. 2d 808 (Rebouche v. Anderson) 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
Rebouche v. Anderson, 505 So. 2d 808 (La. Ct. App. 1987).

Opinion

505 So.2d 808 (1987)

Doris D. REBOUCHE, Plaintiff/Appellant,
v.
Andy ANDERSON, Bob Kightlinger, B & B Medical, Inc. and Scimed Life Systems, Inc., Defendants/Appellees.

No. 18493-CA.

Court of Appeal of Louisiana, Second Circuit.

April 1, 1987.
Writ Denied June 5, 1987.

*810 Sam N. Gregorio, Shreveport, for plaintiff-appellant.

Cook, Yancey, King & Galloway by Sidney E. Cook, Shreveport, for defendants-appellees, Andy Anderson & Bob Kightlinger.

Bodenheimer, Jones, Klotz & Simmons by Frank H. Thaxton, III, Shreveport, for defendant-appellee, B & B Medical, Inc.

Lunn, Irion, Johnson, Salley & Carlisle by Ronald E. Raney, Shreveport, for defendant-appellee, SciMed Life Systems.

Before JASPER E. JONES, NORRIS and LINDSAY, JJ.

LINDSAY, Judge.

The plaintiff, Doris D. Rebouche, filed suit against Charles E. Anderson, Bob L. Kightlinger, B & B Medical, Inc. & SciMed Life Systems, Inc. for the wrongful death of her alleged husband, Joseph Y. Rebouche. Plaintiff claimed the decedent underwent open heart surgery on November 6, 1984 and that Anderson and Kightlinger, employed by B & B, were operating a heart-lung machine. Plaintiff claimed that the wrong valve was opened, causing the decedent to suffer an air embolism to the brain and brain damage. As a result, the decedent died on January 4, 1985.

B & B Medical filed an exception of no cause or right of action, claiming that Kightlinger and Anderson were not employed by the company and that the plaintiff was not the lawful widow of the decedent. Kightlinger and Anderson also filed an exception of no cause or right of action, asserting that plaintiff was not the lawful widow of the decedent.

A hearing on the exceptions was held and the plaintiff argued she was the putative spouse of the decedent. The trial court sustained the exceptions, finding that Kightlinger and Anderson were not employed by B & B and that plaintiff was not the lawful widow or the putative spouse of the decedent. The court also signed an order recognizing that plaintiff had no right of action against SciMed Life Systems, Inc. Plaintiff appealed the trial court judgment. For the following reasons, we affirm.

FACTS

The record indicates that the plaintiff has a sixth grade education and is below normal intelligence. Experts indicated at trial that plaintiff has a mental age of 12 years.

The plaintiff testified that in 1945, when she was 15 years old, she married Johnny Malcolm Wheeler. Two children were born of that marriage. Plaintiff testified the marriage with Wheeler deteriorated, she left Wheeler, and she and the children lived with her parents in Shreveport while plaintiff worked as a waitress in a local eatery. Plaintiff testified that a divorce was obtained from Wheeler, but that her mother took care of everything. Plaintiff's mother was awarded custody of plaintiff's two children.

Plaintiff then married Thomas J. Ramsey around 1955. The couple moved to Baton Rouge, and one child was born of the marriage, Thomas J. Ramsey, Jr. Plaintiff testified that Ramsey treated her cruelly and failed to provide the necessities of life. In 1959, plaintiff left Ramsey and returned to live with her parents in Shreveport. Plaintiff testified that at the time she left, she asked Ramsey if he would get a divorce and claimed he said that he would. However, Ramsey took no action to secure a divorce and in fact the parties did not divorce.

Plaintiff and her son testified that around 1963, Ramsey called Thomas J. Ramsey, Jr. and told him that he had remarried, and he invited the boy to return to Baton Rouge to live with Ramsey and his new wife. The record indicates that Ramsey did not in fact remarry until 1972.

Plaintiff claims she had no communication with Ramsey between the time she left Baton Rouge and her marriage to the decedent, Joseph Y. Rebouche in 1967. The record indicates that the couple and Thomas J. Ramsey, Jr. went to Oklahoma to look *811 at a coon dog and while there decided to get married.

Plaintiff claimed that because Ramsey told her he would obtain a divorce, because Ramsey indicated he had remarried, and because a long period of time had elapsed without communication with Ramsey, she assumed they were divorced and that she was free to marry Rebouche.

TRIAL COURT DECISION

The trial court found that plaintiff did not possess the requisite good faith in contracting the marriage with Rebouche that would entitle her to be recognized as Rebouche's putative spouse. The trial court found, based on the evidence presented, that plaintiff did not possess a reasonable belief that she was divorced from Ramsey at the time she purportedly married Rebouche. The trial court, in its opinion on the exceptions, stated that even though the plaintiff was lacking in education and intelligence, she had previously been through a divorce and was aware that a divorce from Ramsey was necessary.

The court found that even though plaintiff knew she needed a divorce from Ramsey, she took no action toward that end. The court found in light of plaintiff's testimony about her distrust of Ramsey, her reliance on his statement that he would obtain a divorce was not reasonable.

The court noted that plaintiff never investigated to see if Ramsey obtained the divorce before she married Rebouche, even though she knew Ramsey had family in Shreveport and that Ramsey continued to reside in Baton Rouge. Also, plaintiff had little difficulty contacting Ramsey when the present lawsuit arose. The trial court specifically found it unlikely that the content of Ramsey's phone call in 1963 was as described by Thomas Ramsey, Jr.

Finally, the trial court found that even though plaintiff claimed she had no contact with Ramsey since leaving him in 1959, the phone call in 1963 constituted some contact between plaintiff and Ramsey.

The plaintiff appealed the trial court decision which held that the plaintiff was not the putative spouse of Joseph Y. Rebouche and sustained the defendants' exceptions of no right of action. In seeking reversal of the trial court judgment, plaintiff relies upon five assignments of error. The first three assignments essentially argue that the trial court erred in failing to apply the correct law to the facts of this case. Plaintiff also argues the trial court erred in failing to allow certain questions to be asked of plaintiff's expert witness and that the trial court erred in refusing to admit the results of a polygraph examination administered to the plaintiff which she argues would show she had a good faith belief that she was free to marry Rebouche.

GOOD FAITH

The plaintiff argues that the trial court erred in failing to properly apply Louisiana law in determining whether she was entitled to putative spouse status. The plaintiff claims the trial court used an objective analysis rather than the subjective analysis required by Louisiana law. For the following reasons, we conclude that the trial court was not in error in denying the plaintiff putative spouse status.

LSA-C.C. Art. 117 provides:

The marriage which has been declared null, produces nevertheless its civil effects as it relates to the parties and their children, if it has been contracted in good faith.

LSA-C.C. Art. 118 provides:

If only one of the parties acted in good faith, the marriage produces its civil effects only in his or her favor and in favor of the children born of the marriage.

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Bluebook (online)
505 So. 2d 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rebouche-v-anderson-lactapp-1987.