Steadman v. Georgia-Pacific Corp.

672 So. 2d 420, 1996 WL 155944
CourtLouisiana Court of Appeal
DecidedApril 6, 1996
Docket95 CA 1463
StatusPublished
Cited by10 cases

This text of 672 So. 2d 420 (Steadman v. Georgia-Pacific Corp.) 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
Steadman v. Georgia-Pacific Corp., 672 So. 2d 420, 1996 WL 155944 (La. Ct. App. 1996).

Opinion

672 So.2d 420 (1996)

Darwin STEADMAN
v.
GEORGIA-PACIFIC CORPORATION.

No. 95 CA 1463.

Court of Appeal of Louisiana, First Circuit.

April 6, 1996.
Rehearing Denied May 8, 1996.

*421 Clayton Perkins, St. Francisville, for Plaintiff-Appellant Darwin Steadman.

Thomas Peak, Baton Rouge, for Intervenor Brown & Root, Inc.

Vance Gibbs, Baton Rouge, for Defendant, Appellee Georgia-Pacific Corporation.

Before CARTER and PITCHER, JJ., and CRAIN, J. Pro Tem.[1]

PITCHER, Judge.

In this personal injury action, Darwin Steadman appeals from a jury's determination of fault and damages and the trial court's assessment of costs. We affirm.

*422 FACTS

On May 26, 1988, Darwin Steadman (Mr. Steadman) was employed by Brown & Root USA, Incorporated (Brown & Root). Mr. Steadman was working as a journeyman electrician at the plant site of Georgia-Pacific Corporation (Georgia-Pacific) in Port Hudson, Louisiana. As the journeyman electrician, Mr. Steadman was in charge of and assisting a crew of fourteen men in pulling cable and wire through the Number 2 Pulp Mill Brown Stock area of the plant site. While proceeding through this area of the plant, Mr. Steadman fell, as the handrail he was holding onto for balance broke free from its posts.

As a result of the fall, Mr. Steadman sustained a heel fracture (comminuted calcaneal fracture) and was seen by several physicians. Because of this injury, Mr. Steadman received workers' compensation benefits for ten weeks from Highlands Insurance Company, Brown & Root's insurer. Thereafter, Mr. Steadman's fracture healed, but he developed subtalar arthritis in his subtalar joint, which caused him chronic ankle pain.

PROCEDURAL HISTORY

On May 26, 1989, Mr. Steadman filed a petition for damages, naming Georgia-Pacific as the defendant. On July 11, 1989, Georgia-Pacific filed an answer. Subsequently, Georgia-Pacific filed a third party demand against Brown & Root, alleging that Brown & Root had assumed the custody and control of all labor, materials, equipment, supplies and other things incident to Brown & Root's work at Georgia-Pacific's facility. Georgia-Pacific also alleged that Brown & Root obligated itself to exert all reasonable efforts to provide for the safety of its employees. Brown & Root filed an answer to the third party demand on November 2, 1993. On December 5, 1994, Brown & Root and its compensation insurer, Highlands Insurance Company, filed a petition for intervention. In the petition for intervention, Brown & Root sought the recovery of medical expenses and workers' compensation benefits paid to Mr. Steadman for his work-related injury. Trial was scheduled for December 6, 1994.

Prior to trial, the parties stipulated that the amount of $15,209.27 had been paid for past workers' compensation medical expenses and the amount of $2,760.00 paid for past workers' compensation weekly benefits. The parties stipulated that these medical expenses and workers' compensation benefits would be paid to Highlands Insurance Company from any damages recovered by Mr. Steadman. Thereafter, Georgia-Pacific withdrew its third party demand against Brown & Root. Georgia-Pacific stipulated that it (Georgia-Pacific) had custody and control of the railing and ladder at the time of the accident. Georgia-Pacific also stipulated that it (Georgia-Pacific) was a cause of Mr. Steadman's accident. In this stipulation, Georgia-Pacific reserved the right to assert as a defense the comparative fault of Mr. Steadman.

Following the trial, the jury returned a verdict, assessing Mr. Steadman with 50% of the fault and Georgia-Pacific with 50% of the fault. The jury awarded the following damages: $40,000.00 for general damages, $35,000.00 for future medical expenses, and $15,209.25 for past medical expenses. In the judgment, the trial court set expert witness fees and assessed costs equally between Mr. Steadman and Georgia-Pacific. Mr. Steadman appeals and alleges the following assignments of error:

1. The jury was clearly wrong and committed manifest error in assigning 50% of the fault to Mr. Steadman.
2. The jury erred in returning a general damage award for pain and suffering which was disproportionate to the law and evidence. The general damages award was insufficient.
3. The jury erred in not awarding Mr. Steadman lost future earnings/lost future earning capacity.
4. It was error for the court to have assessed cost[s] equally between Mr. Steadman and Georgia-Pacific.

COMPARATIVE NEGLIGENCE

Through assignment of error number one, Mr. Steadman contends that the jury was *423 clearly wrong and committed manifest error in assigning 50% of the fault to him.

It is well settled that the allocation of comparative negligence is a factual matter within the discretion of the trial court, and such determination will not be disturbed on appeal in the absence of manifest error. Daigle v. Legendre, 619 So.2d 836, 840 (La. App. 1st Cir.), writ denied, 625 So.2d 1040 (La.1993).

The Louisiana Supreme Court, in Watson v. State Farm Fire and Casualty Insurance Company, 469 So.2d 967 (La. 1985), set forth the guidelines for apportioning fault under the doctrine of comparative negligence. The court stated the following:

In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed.

Watson v. State Farm Fire and Casualty Insurance Company, 469 So.2d at 974. In assessing the nature of the conduct of the parties, the court listed various factors which may influence the degree of fault assigned, including (1) whether the conduct resulted from inadvertence or involved an awareness of the danger; (2) how great a risk was created by the conduct; (3) the significance of what was sought by the conduct; (4) the capacities of the actor, whether superior or inferior; and (5) any extenuating circumstances which might require the actor to proceed in haste, without proper thought. Watson v. State Farm Fire and Casualty Insurance Company, 469 So.2d at 974.

As stated previously, prior to trial, Georgia-Pacific stipulated that it had custody and control of the ladder, and that it (Georgia-Pacific) was the cause of Mr. Steadman's accident resulting in injury. However, Georgia-Pacific asserted the defense of comparative negligence. Georgia-Pacific contends that at the time of the fall, Mr. Steadman was moving along the ledge on the outside of the railing, contrary to the standards of the Occupational Safety and Health Administration (OSHA), placing himself in a position of danger.

Mr. Steadman testified that his job duties as journeyman electrician consisted of working with a crew of fourteen men, pulling cable/wire from one end of Georgia-Pacific's plant to the other end. Mr. Steadman would walk along the line of crewmen and inform each crew member when it was time to begin pulling the cable/wire. On the day of the accident, Mr. Steadman was attempting to communicate instructions to men in the crew. Mr. Steadman stated that he climbed up a six foot ladder, walked across a walkway and spoke with a member of his crew, Octave MacDonald (Mr. MacDonald). After speaking with Mr. MacDonald, Mr. Steadman walked back down the walkway to speak with the next member of the crew. Upon arriving at the ladder, Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
672 So. 2d 420, 1996 WL 155944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steadman-v-georgia-pacific-corp-lactapp-1996.