Suprun v. Louisiana Farm Bureau Mutual Insurance

40 So. 3d 261, 2009 La.App. 1 Cir. 1555, 2010 La. App. LEXIS 602, 2010 WL 1740002
CourtLouisiana Court of Appeal
DecidedApril 30, 2010
Docket2009 CA 1555
StatusPublished
Cited by20 cases

This text of 40 So. 3d 261 (Suprun v. Louisiana Farm Bureau Mutual Insurance) 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
Suprun v. Louisiana Farm Bureau Mutual Insurance, 40 So. 3d 261, 2009 La.App. 1 Cir. 1555, 2010 La. App. LEXIS 602, 2010 WL 1740002 (La. Ct. App. 2010).

Opinions

[263]*263PARRO, J.

| aThe defendants appeal two related judgments that involve motions to tax costs and to set judicial interest, as well as the legal effect of an offer of judgment made by the defendants. For the following reasons, one judgment is set aside in part and the other judgment is affirmed.

Factual Background and Procedural History

On December 7, 2002, Todd Suprun (Su-prun) was stopped at a red traffic signal in his pickup truck when he was hit from behind by a vehicle driven by Chad Williams (Williams). At the scene of the accident, Suprun denied being injured; however, he began experiencing headaches and neck pain shortly after, for which he began receiving treatment from a chiropractor on January 8, 2008. Suprun filed suit against Williams, Williams’ insurer, Louisiana Farm Bureau Casualty Insurance Company (Farm Bureau), and others to recover for his injuries. On October 30, 2006, prior to a jury trial on the merit s, Farm Bureau and Williams (collectively referred to as Farm Bureau) submitted an offer of judgment for $22,465.90, which was rejected by Suprun. (r399)

After a trial, the jury awarded $16,171.40 in favor of Suprun against Farm Bureau. From the resulting judgment dated February 1, 2007, Suprun appealed to this court. Although Suprun had back surgery to remove an extruded disc fragment and incurred over $30,000 in medical expenses, the jury awarded only $10,371.40 for the medical expenses. It also awarded $800 for past lost wages and $5,000 for past and future physical pain and suffering, while declining to make an award for past and future mental anguish or loss of enjoyment of life. On appeal,1 Suprun assigned error to the monetary awards, | surging that the record supported a much greater award in all categories.2 Notably, the February 1, 2007 judgment also ordered Farm Bureau to pay “interest from the date of judicial demand until October 30, 2006,” which amounted to $3,090.62. This portion of the judgment was not challenged by Suprun on appeal.

After a thorough review of the record, this court concluded that there was a rational basis for the jury’s decision to award less than the full amounts claimed by Su-prun. Accordingly, the judgment was affirmed. See Suprun v. Louisiana Farm Bureau Mutual Insurance Company, 08-0241 (La.App. 1st Cir.9/12/08), 992 So.2d 593 (unpublished opinion). Suprun did not apply for a rehearing with this court or a writ of certiorari with the supreme court. Therefore, the February 1, 2007 judgment became final and definitive. See LSA-C.C.P. art. 2166(A).

Subsequently, in connection with the offer of judgment that was made prior to trial, Farm Bureau filed a “Rule to Tax Costs and Motion to Set Final Judgment.” (r389) In its filing, Farm Bureau asserted a claim for post-offer costs in the amount of $13,827.20 ($11,857.69 in costs plus $1,969.51 in judicial interest) pursuant to LSA-C.C.P. art. 970(C), leaving an alleged judgment balance of $5,434.823 payable to Suprun.

[264]*264Suprun responded by filing a “Motion and Order to Tax Court Costs and Judicial Interest from Date of Judicial Demand until the Judgment is Paid Against Chad Williams and Louisiana Farm Bureau Casualty Insurance Company.”. (r449) Then, Farm Bureau filed a “Petition for Concur-sus” relative to the contested portion, $13,827.20, of the trial court judgment, pending a determination of the amount due to Suprun after adjudication of its rule. (r451) The trial court denied the petition for concursus based on the fact that the 14total amount due was unknown at that time. (r457)

Pursuant to these motions, the trial court by judgment dated March 5, 2009, awarded $4,098.66 in court costs and expert witness fees to Suprun, ordered that its February 1, 2007 judgment be amended to order payment of judicial interest from the “date of judicial demand until the February 1, 200[7] Judgment is paid,” and denied Farm Bureau’s rule to tax costs and its request for enforcement of the offer of judgment. (r475) In a motion for new trial, Suprun sought to have the March 5, 2009 judgment amended to accurately reflect court costs and expert fees as follows: (r478)

Awarded Actual
Court Costs, 19th JDC 1,252.30 1,327.30
Expert Tee, Dr. Martello 1,500.00 1,500.00
Expert fee, Dr. F. Alien Johnston 900.00 900.00
Videographer, Dr. Johnston deposition 150.00 455.00
Baton Rouge Court Reporter, Dr.
Johntson deposition 296.36 296.35
$4,098.66 $4,478.65

In his motion for new trial, Suprun also sought to have the trial court declare that Farm Bureau’s offer of judgment did not meet the strict service requirements of LSA-C.C.P. arts. 970(A) and 1313(B) and that Farm Bureau had failed to prove that Suprun acted unreasonably in rejecting the offer of judgment. (r480) A motion for new trial regarding the March 5, 2009 judgment was also filed by Farm Bureau, which sought reversal of the trial court’s ruling on the motions. (r487)

The trial court denied Farm Bureau’s motion for a new trial, but granted Su-prun’s motion. In a judgment dated May 12, 2009, the court amended its award of costs and expert fees as requested by Su-prun and also provided for the recovery of $285.35 in medical records costs. (r491) Thus, the award of costs and fees was increased from $4,098.66 to $4,764.4 Notably, the judgment dated May 12, 2009, did not address the issues raised by Suprun relating to the offer of judgment; however, the trial court, in oral reasons, 15stated that Farm Bureau’s offer of judgment failed as a matter of law since it did not comply with the service requirements outlined in LSA-C.C.P. arts. 970(A) and 1313(B). The trial court observed that Farm Bureau failed to offer a certificate of the manner in which service was made. (r521) Farm Bureau appealed the March 5, 2009 judgment and the May 12, 2009 judgment.

Offer of Judgment

On October 30, 2006, Farm Bureau sent a facsimile to Suprun’s counsel, which in pertinent part provided: (r399)

For the reasons above Farm Bureau makes this offer of judgment pursuant to La. C.C.P. Article 970, without any admission of liability.
In the spirit of compromise, Farm Bureau is willing to offer $22,465.90, inclusive of all medical bills, ledger court [265]*265costs, and any other amounts, except judicial interest, which may be awarded pursuant to statute or rule, in full settlement of Mr. Todd Suprun’s claims for damages against Farm Bureau and its insured, in the above referenced suit. This offer of judgment includes all claims made against Farm Bureau and its insured, in the above referenced suit including, but not limited to, claims made pursuant to La. R.S. 22:658 and/or 22:1220.
Please respond to this offer of judgment within ten (10) days of receipt of the same. If the offer is not accepted within the above time, it will be deemed withdrawn.

(Emphasis added). Concerning an offer of judgment, LSA-C.C.P. art. 970 provides:

A.

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Cite This Page — Counsel Stack

Bluebook (online)
40 So. 3d 261, 2009 La.App. 1 Cir. 1555, 2010 La. App. LEXIS 602, 2010 WL 1740002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suprun-v-louisiana-farm-bureau-mutual-insurance-lactapp-2010.