Seal v. State Farm Fire & Cas. Co.

816 So. 2d 868, 2000 La.App. 4 Cir. 2375, 2002 La. App. LEXIS 1369, 2002 WL 971673
CourtLouisiana Court of Appeal
DecidedMarch 20, 2002
Docket2000-CA-2375
StatusPublished
Cited by17 cases

This text of 816 So. 2d 868 (Seal v. State Farm Fire & Cas. 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
Seal v. State Farm Fire & Cas. Co., 816 So. 2d 868, 2000 La.App. 4 Cir. 2375, 2002 La. App. LEXIS 1369, 2002 WL 971673 (La. Ct. App. 2002).

Opinion

816 So.2d 868 (2002)

Katrina SEAL, et al.,
v.
STATE FARM FIRE & CASUALTY CO., et al.

No. 2000-CA-2375.

Court of Appeal of Louisiana, Fourth Circuit.

March 20, 2002.
Writ Denied June 14, 2002.

*870 Mack E. Barham, Barham & Arceneaux, PLC, and Jerry B. Jordan, The Slater Law Firm, New Orleans, LA, for Plaintiff/Appellant.

David K. Persons, Alayne R. Corcoran, Hailey, McNamara, Hall, Larmann & Papale, L.L.P., Metairie, LA, for Defendant/Appellee.

(Court composed of Chief Judge WILLIAM H. BYRNES III, Judge JOAN BERNARD ARMSTRONG, Judge TERRI F. LOVE).

TERRI F. LOVE, Judge.

Katrina Seal, Plaintiff, appeals the judgment of the trial court, which found her 100% at fault for a fall she suffered on the staircase in her home. The trial court dismissed all claims against the defendants, Donald and Patricia Bird and their insurance provider, State Farm Fire and Casualty Company, with prejudice, at Ms. Seal's cost. For the reasons outlined below, we affirm the jury's finding of fault and the allocation of costs to Ms. Seal.

STATEMENT OF FACTS

This action arises from a fall in the apartment leased by Almon Seal, Jr. and Katrina Seal located at 109 F Kimble Street, Belle Chasse, Louisiana. Donald and Patricia Bird are the owners of the apartment. Ms. Seal fell down the stairway in her apartment on June 27, 1993. There were no witnesses present. She contends that the stairway was defective, and filed suit against the lessors, the Birds, as well as their insurer, asserting causes of action in both negligence and strict liability. Ms. Seal contends that the staircase was too steep, that the stairs were not uniform, and that the Birds did not repair the handrail, which was detached from the wall at the time of her accident. She asserts that the handrail was not installed properly and that the Birds did not respond to her husband's repeated requests to replace the handrail once it became detached from the wall. It is not clear how the handrail became detached. The Birds deny liability and assert that the actual cause of the accident was Ms. Seal's negligence.

The stairway in the apartment had eleven risers and ten steps. The steps were uniformly ten inches wide, but the height of the risers varied. Almon Seal did not ascend the stairs before leasing the apartment. Later he said that he thought they looked steep, but the Seals never complained to the Birds about the condition of the stairs prior to the accident.

Ms. Seal testified that when she fell she had nothing in her hands, and she slipped while stepping on the second step as she descended the stairs. She said that she hit her tailbone on the way down and continued to fall down the stairs until she was about midway on the staircase. She stated that she was unable to walk the rest of the way down the stairs and her children had to help her to the sofa. Ms. Seal *871 was later taken to the emergency room. She asserted that after the fall she had problems walking and urinating. In the coming months Ms. Seal would see a variety of doctors, each prescribing medication without crosschecking with one another. She became depressed about her condition, and the evidence suggests that she developed an addiction to pain medication. Dr. Phillips, an orthopedist, performed an "anterior lumbar fusion" on December 14, 1993, which failed. The physical injuries and depression led Ms. Seal on a continuing downward spiral. In September 19, 1997, Dr. Phillips assigned a twenty-five percent whole body impairment to Katrina Seal.

DISCUSSION

A. Jury Instructions and Interrogatories

Ms. Seal argues in her first assignment of error that the trial court provided the jury with instructions and interrogatories that were so erroneous that the jury was precluded from reaching a just verdict. Ms. Seal requests that we review the matter de novo.

Our review of the record shows that Ms. Seal failed to timely object to the jury instructions and interrogatories at trial. This Court in In Re Asbestos v. Bordelon, Inc., 96-0525, p. 12 (La.App. 4 Cir. 10/21/98), 726 So.2d 926, 940, stated:

In order to preserve an objection to a jury charge for appeal, a party must specifically object at trial and must state reasons for the objection, and a general objection is insufficient. Rule preventing party from assigning jury instruction as error absent a specific objection at trial also applies to jury interrogatories. (Emphasis added) (Internal citations omitted).

Both parties objected generally that their proposed jury instructions and interrogatories were not used. Additionally Ms. Seal's counsel objected in the following manner:

I also want to object to this jury charge that you are about to give in that there was no brackets or screws and in this charge, therefore you can't give a charge that does not at least allow the evidence of the case to match the charge. So I don't know why you're giving that charge.

He continued:

This is part of this charge that talks about the owner if he got advice from someone else, if he acted on that advice... And I don't believe and [sic] owner can circumvent or get out of any liability because of any defense alleging he relied on someone else, it was either strictly liable or negligent or not, he can't use that as a defense.

Clearly these objections are not in conformity with what is required by In Re Asbestos. Aside from the general objection, it is not clear what counsel is objecting to in reference to the jury charges, and there is no clear relationship between the vague objections made at trial to the ones made in this appeal. Ms. Seal's counsel objected again after the jury rendered its verdict, but objections to jury instructions and interrogatories are not valid after the verdict is rendered. See La. C.C.P. art. 1812. Consequently, Ms. Seal is not entitled to review of the jury instructions and interrogatories as it is procedurally barred.

Assuming arguendo that Ms. Seal's objections to the jury instructions and interrogatories were not barred, Ms. Seal nevertheless fails to show that they were so erroneous and prejudicial as to justify a de novo review of this case.

The mere discovery of an error in the instruction does not of itself justify *872 the reviewing court conducting the equivalent of a trial de novo, without first measuring the "gravity or degree of error and considering the instruction as a whole and the circumstances of the case." Brown v. White, 405 So.2d 555, 558 (La.App. 4th Cir.1981). The reason for this standard of review is because a losing party can usually find some deficiencies in the instructions to argue for a reversal. The question to be determined is whether the jury was misled to the extent that it was prevented from dispensing justice. Id. at 560. In considering an argument of improper jury instruction, the court should consider the entirety of the charges and determine if they adequately provide the correct principles of law applicable to the issues as framed by the pleadings and the evidence, and whether they provide adequate guidelines for the jury. Clark v. Jesuit High School of New Orleans, 96-1307, p. 7 (La.App. 4 Cir. 12/27/96), 686 So.2d 998, 1002-03. De novo review is only justified when the jury charges "are so incorrect or so inadequate that the jury was precluded from reaching a verdict based on the law and the facts." Id., at 273-74.

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

Related

Deanna Smith v. State of La., Dotd
Louisiana Court of Appeal, 2023
Loconte Partners, LLC v. Montgomery & Associates, Inc.
116 So. 3d 904 (Louisiana Court of Appeal, 2013)
Jimenez v. OMNI ROYAL ORLEANS HOTEL
66 So. 3d 528 (Louisiana Court of Appeal, 2011)
Board of Com'rs of Orleans Levee v. Mandry
40 So. 3d 500 (Louisiana Court of Appeal, 2010)
Dede v. Tip's Development, L.L.C.
16 So. 3d 526 (Louisiana Court of Appeal, 2009)
ADELMANN-CHESTER v. Kent
33 So. 3d 187 (Louisiana Court of Appeal, 2009)
Clarkston v. LA. FARM BUREAU CAS. INS. CO.
989 So. 2d 164 (Louisiana Court of Appeal, 2008)
Clarkston v. Louisiana Farm Bureau Casualty Insurance
989 So. 2d 164 (Louisiana Court of Appeal, 2008)
McCloud v. Housing Authority of New Orleans
987 So. 2d 360 (Louisiana Court of Appeal, 2008)
Siverd v. Permanent General Insurance Co.
894 So. 2d 1204 (Louisiana Court of Appeal, 2005)
Beaumont v. Exxon Corp.
868 So. 2d 976 (Louisiana Court of Appeal, 2004)
Quinn v. GGS, L.L.C.
862 So. 2d 324 (Louisiana Court of Appeal, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
816 So. 2d 868, 2000 La.App. 4 Cir. 2375, 2002 La. App. LEXIS 1369, 2002 WL 971673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seal-v-state-farm-fire-cas-co-lactapp-2002.