Terry J. Trahan, Jr. v. Robert M. Buatt

• Court: Louisiana Court of Appeal
• Decided: December 21, 2011
• Docket: CA-0011-0944
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

11-944

TERRY J. TRAHAN, JR.

VERSUS

ROBERT M. BUATT, ET AL.

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF ACADIA, NO. 2008-11199 HONORABLE JULES D. EDWARDS, III, DISTRICT JUDGE

PHYLLIS M. KEATY JUDGE

Court composed of Oswald A. Decuir, James T. Genovese, and Phyllis M. Keaty, Judges.

AFFIRMED.

Robert A. Mahtook, Jr. Lisa M. Milazzo Mahtook & LaFleur Post Office Box 3605 Lafayette, LA 70502-3605 (337) 266-2189 Counsel for Defendants/Appellees: Robert M. Buatt Voyager Indemnity Insurance Company

Bradley G. Frizzell David C. Laborde The Laborde Law Firm Post Office Box 80098 Lafayette, Louisiana 70598-0098 (337) 261-2617 Counsel for Plaintiff/Appellant: Terry J. Trahan, Jr. KEATY, Judge.

In this appeal, we find that the plaintiff, who did not object to the jury

interrogatories at trial, is barred from doing so on appeal. Accordingly, the

judgment of the trial court is affirmed.

FACTS

On September 16, 2008, Terry J. Trahan, Jr., was riding his motorcycle on

Clement Road in Egan, Louisiana, when a dog owned by Robert Buatt ran into the

road and toward Trahan, who lost control of his motorcycle and crashed. Trahan’s

shoulder was injured in the crash.

Trahan filed suit against Robert Buatt and Voyager Indemnity Insurance

Company, asserting that Buatt, as owner of the dog, was liable for Trahan’s

injuries since his dog caused the accident.

The matter proceeded to trial by jury April 5-9, 2010. The jury found that

the dog was owned by Buatt, and that the dog caused the accident, but that ―Mr.

Trahan was [not] damaged by Mr. Buatt’s dog[.]‖ The trial court then issued a

judgment on April 20, 2010 in favor of the defendants, dismissing all of Trahan’s

claims against the defendants and casting him with costs.

Trahan filed a motion for judgment notwithstanding the verdict (JNOV) and

a motion for new trial, which were denied. Subsequently, Trahan lodged this

appeal, assigning two errors for our review:

1) The jury erred in finding that the harm suffered by Terry Trahan, Jr.’s [sic], who had no prior injuries to his shoulder or subsequent incidents, was not caused by the dog’s action in the accident in question.

2) The lower court erred in submitting an interrogatory to the jury which misled the jury to the extent it was prevented from dispensing justice. Addressing these errors would require that we consider the appropriateness

of the jury interrogatories and the subsequent findings of the jury. We cannot do

so. This court has held that ―[w]hen a party fails to object to jury interrogatories

before the jury retires, the party waives his right to raise the objection on appeal.‖

Edwards v. Daugherty, 97-1542, p. 43 (La.App. 3 Cir. 3/10/99), 729 So.2d 1112,

1136, writs denied, 99-1393, 99-1434 (La. 9/17/99), 747 So.2d 1105 (citing

Sebastien v. McKay, 94-203 (La.App. 3 Cir. 11/23/94), 649 So.2d 711; Horton v.

McCrary, 620 So.2d 918 (La.App. 3 Cir. 1993), reversed in part on other grounds,

93-2315 (La. 4/11/94), 635 So.2d 199).

A careful review of the record supports the conclusion that Trahan did not

object to the jury interrogatories at any time in open court. After reading the jury

instructions, including instructions concerning the jury interrogatories, the trial

court dismissed the jurors to begin deliberations. The following discussion then

took place:

THE COURT: All jurors are out of the room, the door is closed. Any objections you want to put on the record?

MR. LABORDE: No, Your Honor.

MR. MAHTOOK: No, Your Honor.

Even when given a chance to make objections to the jury interrogatories in

open court, Trahan did not take advantage of that opportunity. Accordingly, these

issues have been waived and are not properly before us on appeal.

DECREE

For the foregoing reasons, the judgment of the trial court is affirmed. Costs

are cast against Plaintiff/Appellant, Terry J. Trahan, Jr.

2 This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules—Courts of Appeal, Rule 2–16.3.