Thames v. City National Bank of Baton Rouge

370 So. 2d 892, 1978 La. App. LEXIS 3627
CourtLouisiana Court of Appeal
DecidedApril 16, 1978
DocketNo. 12607
StatusPublished
Cited by1 cases

This text of 370 So. 2d 892 (Thames v. City National Bank of Baton Rouge) 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
Thames v. City National Bank of Baton Rouge, 370 So. 2d 892, 1978 La. App. LEXIS 3627 (La. Ct. App. 1978).

Opinion

BAILES, Judge.

This is a suit for damages arising from alleged violations of the Equal Credit Opportunity Act which is found in Sections 1691 et seq. of Title 15 of the United States Code.

The plaintiff alleges that City National Bank of Baton Rouge, Louisiana, and James B. Quinn, an officer and branch manager of the bank, discriminated against her because of her sex and marital status and that they violated certain provisions of the Equal Credit Opportunity Act by discouraging her from applying for credit with the bank and by failing to provide her with specific reasons why her alleged application for credit was denied. Actual and punitive damages and attorney’s fees are sought as a result of those actions.

On June 30, 1977, the plaintiff decided to purchase a 1975 Chevrolet El Camino truck which she had seen on a used car lot. That afternoon, she went to the Government Street branch of City National Bank with her son and her brother-in-law to attempt to borrow $2,000.00, which was the full purchase price of the vehicle.

Upon arriving at the bank, she spoke with the manager, Quinn, who did not know her personally. Her husband, however, was well known to him because he had been a customer there on previous occasions and had an excellent credit reputation with that bank.

[893]*893The conversation that ensued between Quinn and Mrs. Thames is a matter of considerable disagreement. In summary, the plaintiff states that she attempted to borrow the money necessary to make her purchase but that she was discouraged from doing so by Quinn without reason and that he discriminated against her because he would have no credit dealings with her on her own application unless her husband concurred.

Quinn related, however, that he evaluated her oral application and felt that he could not accept it at that time because of her inadequate income and because she did not have a sufficient down payment. He denied that he required her husband’s signature on any loan that she made, but he did indicate to her that it would be necessary for her to have someone act as an endorser for her.

Having been offended by the actions of Quinn, Mrs. Thames subsequently visited the main office of the bank and expressed her complaints to two bank officers, Merle Alexander and Daniel R. Brown. At that time, Brown gave her a loan application form and requested that she submit it for consideration. This was never done.

On July 7, 1977, she wrote a letter to Quinn in which she requested that she be given written reasons as to why her application was not accepted. On July 14, Brown responded to her on behalf of the bank by letter. That letter states in pertinent part:

“Thank you for your letter of July 7 to Mr. James B. Quinn in which you ask for the reasons for denial of your application for credit on June 30.
After discussing this matter with Mr. Quinn we are of the opinion that he, as a result of his long time business relationship with you and your husband, handled the transaction in the routine manner in which your previous credit requests were handled.
We are anxious to receive an application from you for this particular request and enclose a form for completion. Please return this to me at your earliest convenience, either by mail or in person. I assure you that your application will receive our immediate attention and complete consideration. We regret any inconvenience that you might have been caused.
If you have any further questions regarding this matter please let us hear from you.”

No further action transpired between the parties until this suit was filed on September 8, 1977. The case was thereafter tried to a jury and verdicts were returned in favor of both defendants on all issues. We find no reversible error in those judgments.

The appellant contends that the action of the trial court should be modified in two respects. First, it is maintained that a directed verdict should be ordered in its favor because of the failure of the bank to give satisfactory written reasons for refusing to immediately make the loan. Next, it is argued that the jury instructions as to punitive damages were inadequate. During the course of the trial, the court granted the defendants’ motion for a directed verdict as to the plaintiff’s claim that she was discouraged by Quinn and the bank from making a credit application. The appellant does not complain of that ruling here.

The scope of review by a state appellate court of a jury verdict under the Equal Credit Opportunity Act seems to be a matter of first impression here. In Trahan v. Gulf Crews, Inc., 260 La. 29, 255 So.2d 63 (1971), the court stated:

“In reaching its decision the appellate court properly recognized that its review of the jury verdict in suits under the general maritime law as expanded by the Jones Act is, necessarily, the same as that of the federal courts. Lavender v. Kurn, 327 U.S. 645, 66 S.Ct. 740, 90 L.Ed. 916; Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 77 S.Ct. 443, 1 L.Ed.2d 493; McAllister v. Magnolia Petroleum Co., 357 U.S. 221, 78 S.Ct. 1201, 2 L.Ed.2d 1272; and Macomber v. De Bardeleben Coal Co., Inc., 200 La. 633, 8 So.2d 624. The defendants do not dispute this.
[894]*894“Accordingly, although Louisiana appellate courts have the constitutional authority to review both the law and the facts of a case, they may not, under federal law and jurisprudence, disturb the finding of a trial jury on the merits in such cases unless there is no reasonable basis for the jury’s conclusion the death or injury resulted from the negligence of the defendant-employer. Rogers v. Missouri Pacific R. Co., supra; Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, 369 U.S. 355, 82 S.Ct. 780, 7 L.Ed.2d 798; and Lavender v. Kurn, supra.”

This is not a case under the general maritime law and the issue as to our function is not without some doubt. See 46 Tulane Law Review 992. However, in light of the well settled federal precedent against the substitution of other views for that of the trier of fact, we conclude that we are bound to review this jury decision as a federal appellate court would. Bowman v. Illinois Central Railroad Company, 11 Ill.2d 186, 142 N.E.2d 104 (1957); Pennell v. Baltimore & Ohio Railroad Company, 13 Ill. App.2d 433, 142 N.E.2d 497 (1957); Wright, Law of Federal Courts, 3rd Ed. 193; 73 Harv.L.Rev. 1551.

Several provisions of the Equal Credit Opportunity Act are directly applicable here.

“§ 1691. (a) It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction—

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Related

Thames v. City National Bank of Baton Rouge
372 So. 2d 1055 (Supreme Court of Louisiana, 1979)

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370 So. 2d 892, 1978 La. App. LEXIS 3627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thames-v-city-national-bank-of-baton-rouge-lactapp-1978.