Stephen Delcambre v. Thaddeus Jones

• Court: Louisiana Court of Appeal
• Decided: November 3, 2010
• Docket: CA-0010-0506
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CA 10-506

STEPHEN DELCAMBRE, ET AL.

VERSUS

THADDEUS JONES, ET AL.

**********

APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF ST. MARTIN, NO. 71382 HONORABLE PAUL JOSEPH DEMAHY, DISTRICT JUDGE

BILLY HOWARD EZELL JUDGE

Court composed of Marc T. Amy, Billy Howard Ezell, and David E. Chatelain,* Judges.

AFFIRMED.

John G. Poteet, Jr. P. O. Box 4603 Lafayette, LA 70502 (337) 237-5911 Counsel for Plaintiffs/Appellants: Stephen Delcambre Mike Trahan

_________________ * Honorable David E. Chatelain participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore. Ian Alexander Macdonald Jones Walker P. O. Drawer 3408 Lafayette, LA 70502-3408 (337) 262-9000 Counsel for Defendants/Appellees: Farmers Insurance Exchange Jeffrey Schommer

James Walter Hailey, III Katie M. Cusimano Hailey, McNamara, Hall P. O. Box 8288 Metairie, LA 70011-8288 (504) 836-6500 Counsel for Defendant/Appellee: Thaddeus Jones

Donna P. Green P. O. Box 17947 Hattiesburg, MS 39404-7947 (601) 271-9031 Counsel for Defendant/Appellee: Vanguard Car Rental Claims, Inc.

Michael R. Barnes Barnes & Green, P.A. P. O. Box 17047 Hattisburg, MS 39404 (601) 271-9031 Counsel for Defendant/Appellee: Vanguard Car Rental Claims, Inc. EZELL, JUDGE.

Stephen Delcambre and Mike Trahan (the Plaintiffs) appeal the trial court’s

dismissal of their claims against Jeffery Schommer arising out of an accident

involving a vehicle rented, but not driven, by Mr. Schommer. For the following

reasons, we hereby affirm the decision of the trial court.

On September 24, 2006, the Plaintiffs were stopped at a red light on U.S.

Highway 90 when a 2006 Chevrolet Impala struck them from behind. The Impala

was driven by Thaddeus Jones, although it had been rented by Mr. Schommer. Mr.

Jones was intoxicated at the time of the accident and later pled guilty to D.W.I. The

Plaintiffs filed suit against Mr. Jones and Mr. Schommer, eventually settling with and

dismissing Mr. Jones and his insurer. After a trial in the continuing suit against Mr.

Schommer, the defense moved for an involuntary dismissal after the presentation of

the Plaintiffs’ evidence, which was granted by the trial court.

From that decision, the Plaintiffs appeal, claiming as their sole assignment of

error that the trial court erred in finding Mr. Schommer was not bound in solido with

Mr. Jones and dismissing their claims.

Louisiana courts have consistently found that a driver’s negligence is not

imputed to a guest passenger. “This jurisprudential rule recognizes the fact that an

automobile passenger is generally incapable of influencing the driver’s behavior: ‘it

is unrealistic to hold . . . that the occupant of a motor vehicle has factually any control

or right of control over the driving of the operator.’” Adams v. Sec. Ins. Co. of

Hartford, 543 So.2d 480, 485 (La.1989); see also Bozeman v.Reed, 92-858 (La.App.

1 Cir. 3/11/94), 633 So.2d 944, writs denied, 94-0840, 94-0862, 94-0884 (La.

6/24/94), 640 So.2d 1345; Alford v. Woods, 614 So.2d 1299 (La.App. 3 Cir.) writs

denied, 617 So.2d 915 (La.1993).

1 However, Plaintiffs claim that Mr. Schommer could be held liable with Mr.

Jones in solido under La.Civ.Code art. 2324(A), which reads, “He who conspires with

another person to commit an intentional or willful act is answerable, in solido, with

that person, for the damage caused by such act.”

Even accepting the Plaintiffs’ assertions concerning this statute’s applicability

to the facts of this case for the sake of argument, the record before this court is

completely devoid of any evidence whatsoever that Mr. Schommer conspired with

Mr. Jones to commit any act, intentional or otherwise. No evidence was offered

detailing the circumstances concerning how Mr. Jones became the driver of Mr.

Schommer’s rented vehicle. In fact, the only evidence in the record concerning Mr.

Schommer whatsoever is that he was so intoxicated that he was blacked out on the

side of the road after the accident, unable to speak or even sit up. As noted by the

trial court, this suggests that Mr. Schommer was unable to give any consent to the

actions taken by Mr. Jones more than it implies any conspiracy on his part.

Moreover, Mr. Schommer’s intoxication alone certainly does not prove the

conspiracy the Plaintiffs are required to demonstrate in order to hold Mr. Schommer

liable in solido with Mr. Jones under La.Civ.Code art. 2324. The Plaintiffs simply

failed to set forth sufficient evidence to prove their claims. We can find no error in

the trial court’s ruling.

Based on Louisiana’s long-held jurisprudential rule that a driver’s negligence

is not imputed to a guest passenger and the records before us, we cannot find any

error in the trial court’s decision to dismiss the Plaintiffs’ cases.

For the above reasons, the decision of the trial court is hereby affirmed. Costs

of this appeal are hereby assessed against the Plaintiffs.

2 AFFIRMED.

This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules Court of Appeal. Rule 2-16.3.