Ridgeway v. Pierre

950 So. 2d 884, 2007 WL 136342
CourtLouisiana Court of Appeal
DecidedJanuary 11, 2007
Docket2006-CA-0521, 2006-CA-0522
StatusPublished
Cited by15 cases

This text of 950 So. 2d 884 (Ridgeway v. Pierre) 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
Ridgeway v. Pierre, 950 So. 2d 884, 2007 WL 136342 (La. Ct. App. 2007).

Opinion

950 So.2d 884 (2007)

Antoinette RIDGEWAY and Florine Ridgeway
v.
Arthur PIERRE and State Farm Insurance Company.
Kathleen Ridgeway
v.
State Farm Insurance Company and Arthur Pierre, Jr.

Nos. 2006-CA-0521, 2006-CA-0522.

Court of Appeal of Louisiana, Fourth Circuit.

January 11, 2007.

*886 Louis A. Gerdes, Jr., New Orleans, LA, for Kathleen Ridgeway.

David A. Strauss, Christian A. Garbett, King, LeBlanc and Bland, P.L.L.C., New Orleans, LA, for Defendants/Appellants.

(Court composed of Judge CHARLES R. JONES, Judge DENNIS R. BAGNERIS SR., and Judge TERRI F. LOVE).

JONES, Judge.

The Appellants, State Farm Insurance Company and Arthur Pierre, appeal an adverse judgment by the trial court[1] which denied their post trial Motions For Involuntary Dismissal. In the Motion, the Appellants alleged: (1) that the named Appellee, Kathleen Ridgeway, failed to request service of process on Mr. Pierre within the time prescribed by law; and (2) that Ms. Ridgeway sought to bring an indirect action, under La. R.S. 22:655, against State Farm, alone, as insurer. Further, they appeal the adverse monetary judgment awarded by the trial court. We Affirm.

FACTS AND PROCEDURAL HISTORY

This matter stems from a two-car accident which occurred in New Orleans on February 13, 2001. The Appellee, Kathleen Ridgeway, and another person, Florine Ridgeway, were passengers in a vehicle *887 operated by Antoinette Ridgeway,[2] when it was involved in an accident with a vehicle operated by Arthur Pierre. Mr. Pierre's vehicle was insured by State Farm Auto Insurance.

On February 13, 2002, Kathleen Ridgeway filed her own lawsuit. In the suit she named State Farm and Mr. Pierre as defendants. She alleged that Mr. Pierre ran a stop sign and collided with her vehicle thereby causing "severe injury and property damage."

However, in that lawsuit, State Farm contended that Kathleen Ridgeway's attorney instructed the Orleans Parish Clerk of Court to withhold service of the Petition on the defendants. State Farm was not served with the Petition until April 10, 2002, but the Appellants assert that this was done only after Kathleen Ridgeway's attorney paid for and requested service on State Farm only. State Farm answered the petition timely. However, Mr. Pierre was never served with the petition, nor did he ever file responsive pleadings to the appellee's petition on his own behalf.[3]

Antoinette Ridgeway and Florine Ridgeway filed a separate lawsuit on February 13, 2002, in First City Court for New Orleans. Antoinette and Florine Ridgeway named as defendants and requested service on both State Farm and Mr. Pierre.

On May 3, 2002, State Farm filed its Motion to Consolidate both lawsuits, without any objection. The lawsuits were subsequently consolidated via signed order dated August 5, 2002.

On September 22, 2004, State Farm and Mr. Pierre filed an expedited Motion for Partial Summary Judgment, seeking dismissal of Antoinette Ridgeway's claims up to $10,000.00 under the Louisiana "no pay-no play" statute. Antoinette Ridgeway was later dismissed from the case. The case subsequently proceeded to trial on March 4, 2005.

At the close of trial, State Farm filed a Motion to Dismiss Kathleen Ridgeway's claims against Mr. Pierre, with prejudice, since she had never served him with the Petition, and Mr. Pierre had never expressly waived service. State Farm contends that the lawsuit was an improper direct action against them in their capacity as Mr. Pierre's insurer, and State Farm also moved for dismissal from the lawsuit.

In a judgment, dated March 14, 2005, the trial court cast State Farm in judgment and awarded Kathleen Ridgeway $9,500.00 in general damages, $2365.00 in medical expenses, and $600.00 for Dr. McKenna's testimony fees, along with interest and court costs from the date of judicial demand.

With Respect to Florine Ridgeway, the trial awarded her $8,412.00 in general damages, inclusive of medical expenses, plus $1,250.00 in medial expenses and $650.00 for the testimony of Dr. Stewart Altman, along with interest and court costs from the date of judicial demand.

After an unopposed Motion to Amend Judgment was filed on March 15, 2006, the trial court issued an amended judgment on March 16, 2006 which re-iterated the dispositions of the earlier judgment, but also included its dismissal of Antoinette Ridgeway's suit, along with its denial of State Farms' post trial motions to dismiss the lawsuit. This timely appeal followed.

*888 In their appeal, the Appellants assert five (5) assignments of error: the district court erred in failing to dismiss Kathleen Ridgeway's claims against Arthur Pierre since he was never served with Kathleen Ridgeway's petition; the district court erred in failing to dismiss Kathleen Ridgeway's claims against State Farm since none of the factors available for a direct action under La. R.S. 22:655 existed; the district court erred in casting Arthur Pierre and/or State Farm in judgment since Arthur Pierre was never served with Kathleen Ridgeway's petition, that and a direct action against State Farm was improper; the district court erred in finding that the subject auto accident caused Kathleen Ridgeway's injuries; and the district court erred in awarding Kathleen Ridgeway excessively high general and special damages.

DISCUSSION

Assignments of Error One and Three

In their first and third assignments of error, the Appellants argue that the trial court erred in failing to dismiss Kathleen Ridgeway's claims against Arthur Pierre since he was never served with Kathleen Ridgeway's Petition; and that the trial court erred in casting Arthur Pierre and/or State Farm in judgment since Mr. Pierre was never served with Kathleen Ridgeway's petition and that a direct action against State Farm was improper.[4]

Generally, "[t]he Motion for Involuntary Dismissal is reviewed under the manifest error standard of review." Franicevich v. Caillou Island Towing Co., Inc., XXXX-XXXX, p. 3, (La.App. 4 Cir. 3/17/99) 732 So.2d 93, 95, 1999 A.M.C.2039. Additionally, this Court has also held that:

A dismissal under Article 1672 B should not be reversed absent manifest error. The manifest error standard provides that where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v. State, Dept. of Trans. & Dev., 617 So.2d 880, 883 (La.1993). The issue to be resolved by the reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder's conclusion was a reasonable one. Id. at 882. The reviewing court may not disturb the reasonable evaluations of credibility and reasonable inferences of fact when viewed in light of the record in its entirety even though it feels its evaluations are more reasonable. Id. Even though an appellate court may feel its own evaluations and inferences are more reasonable than the factfinder's, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in testimony. Id. However, where documents or objective evidence so contradict the witness' story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable factfinder would not credit the witness' story, the court of appeal may find manifest error or clear wrongness even in a finding purportedly based upon credibility determination. Id.

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