Stevens v. Market Basket Stores, Inc.

176 So. 3d 1065, 14 La.App. 3 Cir. 1240, 2015 La. App. LEXIS 741, 2015 WL 1650796
CourtLouisiana Court of Appeal
DecidedApril 15, 2015
DocketNo. 14-1240
StatusPublished
Cited by1 cases

This text of 176 So. 3d 1065 (Stevens v. Market Basket Stores, Inc.) 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
Stevens v. Market Basket Stores, Inc., 176 So. 3d 1065, 14 La.App. 3 Cir. 1240, 2015 La. App. LEXIS 741, 2015 WL 1650796 (La. Ct. App. 2015).

Opinion

SAVOIE, Judge.

11 This case involves a Plaintiffs slip and fall at a grocery store. After bench trial, the trial judge found the Defendant grocery store 100% liable, and awarded general damages in the amount of $5,000 to the Plaintiff, as well as the Plaintiffs medical expenses. The Defendant appeals, and argues that the Plaintiffs claim was fraudulent and/or that the Plaintiff should be found 100% at fault. The Plaintiff also appeals and argues that the amount of general damages awarded was too low. For the reasons that follow, we reverse the decision of the trial court in part, reallocate fault to 60% to the Plaintiff and 40% to the Defendant, and affirm the amount of general damages awarded.

FACTUAL AND PROCEDURAL BACKGROUND

On January 15, 2012, Plaintiff Sheneatha Stevens (“Ms. Stevens”) fell on rice that was on the floor at a Market Basket grocery store located on 3rd Avenue in Lake Charles, Louisiana. The rice was on the floor at the end of an aisle near a refrigerator/cooler containing cold drinks.

Following the incident, Ms. Stevens was transported by ambulance from Market Basket to Lake Charles Memorial Hospital, complaining of back pain. She received treatment from Lake Charles Memorial Hospital that same day and was released. On February 1, 2012, she began treatment for low back pain with a chiropractor, Dr. Steven Caraway, and continued treatment with him through April 2, 2012.

Ms. Stevens filed suit against Market Basket on December 10, 2012. Market Basket filed an answer on March 21, 2013, denying liability and affirmatively pleading the fault of Ms. Stevens. On April 4,2014, Market Basket filed a ^supplemental and amending answer wherein’ it affirmatively alleged fraud on the part of Ms. Stevens.

A bench trial was held on May 29, 2014. Evidence at trial consisted of testimony from Ms. Stevens, Market Basket’s surveillance video of the incident, deposition testimony of two Market Basket employees, deposition testimony of Ms. Stevens, and Ms. Stevens’ medical records.

The trial judge rejected Market Basket’s allegations of fraud, and rendered judgment against Market Basket and in favor of Ms. Stevens for:

[Gjeneral damages in ■ the amount of $5,000.00, special damages as follows: Lake Charles Memorial Hospital ... in the amount of $56.78 (reimburse Medicaid), Acadian Ambulance ... in the amount of $389.33 (reimburse Medicaid) [1068]*1068and Caraway Branch Chiropractic Clinic ... in the amount of $2,374.00, legal interest from the date of judicial demand, and for all costs of these proceedings.

ASSIGNMENTS OF ERROR

Market Basket appealed and argues that the trial court erred in (1) failing to find fraud on the part of Ms. Stevens, and (2) allocating 100% of the fault • to Market Basket. Ms. Stevens answered the appeal and seeks an increase in the amount of general damages awarded.

DISCUSSION

Standard of Review:

The Louisiana Supreme Court has set forth the following standard for reviewing a trial court’s findings of fact:

A court of áppeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.” [There is] a two-part test for the reversal of á fact-finder’s determinations:
1) The appellate court must find from the record that a reasonable factual basis does not' exist for the finding of the trial court, and
|s2) [T]the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).
This test dictates that a reviewing court must do more than simply review the record for some evidence which supports or controverts the trial court’s finding! The reviewing court must review the record in its entirety to determine whether the trial court’s finding was clearly wrong or manifestly erroneous.
Nevertheless, the issue to be resolved by a reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder’s conclusion was a reasonable one. 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 the testimony. However, where documents or objective evidence so contradict the witness’s story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable factfinder would not credit the witness’s story, the court of appeal may find manifest error or clear wrongness even in a finding purportedly based upon a credibility determination.

Stobart v. State, through Dept. of Transp. and Dev., 617 So.2d 880, 882 (La.1993) (citations omitted).

Market Basket’s Assignment of Error No. 1: Fraud Claim:

Market Basket asserts that the trial court erred in failing to find fraud on the part of Ms. Stevens. It argues a surveillance video of the incident shows Ms. Stevens was fraudulent in that she intentionally fell on the rice on the floor after having initially slipped in the rice (but not falling) several seconds earlier. ’In support of its claim, Market Basket also relies on Ms. Stevens’ trial testimony regarding over twenty personal injury claims filed by or on behalf of Ms. Stevens since 2003. At trial, Ms. Stevens testified she did not remember most of these claims.

The existence of fraud is a question of fact, and the trial judge’s findings are therefore subject to the manifest error standard of review. Edmundson Bros. Partnership v. Montex Drilling, Co., 98-1564 (La.App. 3 Cir. 5/5/99), 731 So.2d 1049.

[1069]*1069Fraud exists if it can be shown that material misrepresentations have been made by one party designed to deceive another to obtain some unjust advantage or to cause loss or inconvenience to the other. Id.; La.Civ.Code art. 1953. Fraud need only be proven by a preponderance of the evidence and may be established by circumstantial evidence. La.Civ. Code art. 1957.

The record reasonably supports the trial judge’s finding that Ms. Stevens did not intentionally fall, but rather “legitimately fell”, on the rice, and therefore that Ms. Stevens was not fraudulent in asserting her claim. The surveillance video on which Market Basket relies does not conclusively establish whether or not Ms. Stevens’ fall was intentional. The trial judge’s factual finding as to the existence of fraud, after her consideration of all of the testimony and evidence submitted by the parties, is not manifestly erroneous.

Market Basket’s Assignment of Error No. 2: Allocation of Fault:

The allocation of fault among the parties is a factual determination which is subject to the manifest error standard of review. Clement v. Frey, 95-1119 (La.1/16/96), 666 So.2d 607. If we find the trial court was manifestly erroneous in its allocation, we should adjust the.

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176 So. 3d 1065, 14 La.App. 3 Cir. 1240, 2015 La. App. LEXIS 741, 2015 WL 1650796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-market-basket-stores-inc-lactapp-2015.