Richard v. Artigue

87 So. 3d 997, 2011 La.App. 3 Cir. 1471, 2012 WL 1108887, 2012 La. App. LEXIS 456
CourtLouisiana Court of Appeal
DecidedApril 4, 2012
DocketNo. 11-1471
StatusPublished
Cited by5 cases

This text of 87 So. 3d 997 (Richard v. Artigue) 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
Richard v. Artigue, 87 So. 3d 997, 2011 La.App. 3 Cir. 1471, 2012 WL 1108887, 2012 La. App. LEXIS 456 (La. Ct. App. 2012).

Opinion

SAUNDERS, Judge.

| tThis case involves an automobile accident wherein a jury awarded the plaintiff driver, inter alia: (1) $225,000.00 for future wages lost or loss of earning capacity; (2) $555,833.00 for future medical expenses; (3) $10,000.00 in past wages lost; and (4) $325,000.00 in general damages. The jury allocated forty (40) percent of the fault to sudden emergency/fault of third party. Thus, these awards were reduced accordingly.

The plaintiff driver appealed. We reverse the allocation of fault and render that the defendant driver was one hundred (100) percent at fault. We affirm the jury’s award of $225,000.00 for future lost wages, $10,000.00 in past wages lost, and $825,000.00 in general damages. We amend the judgment to reflect that the plaintiff driver is awarded $637,888.00 in future medical expenses.

FACTS AND PROCEDURAL HISTORY:

On October 18, 2007, a three-ear automobile accident occurred on Interstate (although currently an Intrastate) 49 at the Gloria Switch Road overpass in Lafayette [1000]*1000Parish, Louisiana. Traffic that morning was congested due to a combination of normal morning traffic, a wet roadway due to rain and dew that morning, and an automobile accident that occurred prior to the one at issue in the case before us.

The three automobiles were southbound in the left lane of travel. The lead automobile was driven by plaintiff, Margaret Richard (hereinafter “Richard”), the second by Seth Menard, and the third by defendant, Harold Artigue. The automobiles driven by Richard and Seth Menard stopped for a different accident that occurred on the roadway before them. The automobile driven by Harold Artigue failed to stop, struck the Menard automobile, and pushed it into the automobile driven by Richard.

|2On September 26, 2008, Richard filed a petition for damages against Harold Artigue, Louisiana Service, L.L.C., Artigue’s employer for whom Harold Artigue was driving within the course and scope of his employment, and Liberty Mutual Fire and Casualty Company (collectively defendants hereinafter referred to as “Artigue”). Richard amended her petition on January 18, 2011, to add the damages of her husband, Frank Richard for loss of consortium

Artigue asserted in their amended answer the affirmative defense of sudden emergency. Richard filed a motion to strike the amended answer on March 9, 2011. The trial court denied the motion.

The parties stipulated that Harold Artigue was the employee of Louisiana Services, L.L.C., that Liberty Mutual Fire and Casualty insured Louisiana Services, L.L.C. and Harold Artigue on the day of the accident, and that the Harold Artigue and Louisiana Services, L.L.C. were additionally insured by Chartis as an excessive carrier.

A jury trial was held from March 28, 2011, through April 1, 2011. Prior to submitting the matter to the jury, Richard moved for a directed verdict that Artigue was one hundred (100) percent at fault for the accident. The trial court denied the motion. Thereafter, prior to submission of the jury interrogatories, Richard objected to them allowing the jury to assign fault to anyone other than Artigue. The trial court overruled the objection.

On April 1, 2011, the jury rendered a verdict awarding Richard various amounts for particular items, including but not limited to, $225,000.00 for future lost wages, $555,833.00 for future medical expenses, $10,000.00 for past lost wages, and $325,000.00 for general damages. Further, the jury allocated sixty (60) percent of the fault for the accident to Harold Artigue and forty (40) percent of the fault for the accident to sudden emergency/third party fault.

| ^Richard timely filed the appeal before us asserting seven assignments of error. The first three assignments relate to the jury’s allocation of fault. The final four relate to the jury’s damage awards. They are as follows:

ASSIGNMENTS OF ERROR:

1. The trial court committed reversible error by providing a jury verdict form over plaintiffs objection that included interrogatories regarding the existence of a sudden emergency, third party fault or the fault of Margaret Richard.
2. The trial court committed reversible error by denying plaintiffs Motion for a Directed Verdict against defendant regarding the lack of evidence introduced by defendant regarding the issue of third party fault or sudden emergency.
3. The jury committed manifest error when it assessed forty (40%) percent [1001]*1001of the fault in this accident to sudden emergency or third party fault.
4. The jury committed manifest error when it awarded plaintiff, Margaret Richard, future wages loss or loss of earning capacity of only $225,000.00, when the evidence at trial supported a much higher award.
5. The jury committed manifest error when it awarded to plaintiff, Margaret Richard, $555,833.00 in future medical when the evidence at trial supported by the experts was a much higher award.
6. The jury committed manifest error when it awarded to plaintiff, Margaret Richard, only $10,000.00 in past wage loss when the evidence at trial supported a much higher award.
7. The jury committed manifest error when it awarded plaintiff, Margaret Richard, only $325,000.00 in general damages for the extreme injuries suffered by Margaret Richard.

ASSIGNMENT OF ERROR NUMBERS ONE TWO, AND THREE:

Richard contends in her first two assignments of error that the trial court committed reversible error by providing a jury verdict form over her objection that included interrogatories regarding the existence of a sudden emergency, third party fault, or the fault of Margaret Richard and by denying her Motion for a Directed Verdict against defendant |4regarding the lack of evidence introduced by defendant regarding the issue of third party fault or sudden emergency. In her third assignment of error, Richard contends that the jury committed manifest error when it assess forty (40%) percent of the fault in this accident to sudden emergency or third party fault.

Each of these three assignments of error has a different standard of review. A trial court has discretion in determining the contents of a jury form, thus, the standard of review on the first asserted assignment of error is whether the trial court abused that discretion. Kelly-Williams v. AT&T, 11-1179 (La.App. 3 Cir. 2/1/12), — So.3d -. In the second assignment of error, the applicable standard of review on a motion for directed verdict is whether the evidence in the record is such that a reasonable person could not reach a verdict to the contrary. Hebert v. BellSouth Telecommunications, Inc., 01-223 (La.App 3 Cir. 6/6/01), 787 So.2d 614, writ denied, 01-1943 (La.10/26/01), 799 So.2d 1145. Finally, in the third assignment of error, it is well-settled that a jury’s allocation of fault is a finding of fact that is subject to the manifest error standard of review. Duncan v. Kansas City Southern Railway Co., 00-66 (La.10/30/00), 773 So.2d 670.

Although these assignments of error have three different standard of review, they have a common denominator, to question whether the record supports a finding of fault by anyone other than Artigue. Accordingly, we will combine these three assignments and review the record on this issue.

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Bluebook (online)
87 So. 3d 997, 2011 La.App. 3 Cir. 1471, 2012 WL 1108887, 2012 La. App. LEXIS 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-v-artigue-lactapp-2012.