Tobice Pritchard v. Geico Insurance Company

CourtLouisiana Court of Appeal
DecidedNovember 8, 2017
DocketCA-0017-0274
StatusUnknown

This text of Tobice Pritchard v. Geico Insurance Company (Tobice Pritchard v. Geico Insurance Company) 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
Tobice Pritchard v. Geico Insurance Company, (La. Ct. App. 2017).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CA 17-273 consolidated with CA 17-274

BRENDA PRITCHARD

VERSUS

GEICO INSURANCE COMPANY, ET AL.

Cosolidated With

TOBICE PRITCHARD

**********

APPEAL FROM THE SEVENTH JUDICIAL DISTRICT COURT PARISH OF CONCORDIA, NO. 48392 C/W 48393 HONORABLE JOHN C. REEVES, DISTRICT JUDGE

JOHN D. SAUNDERS JUDGE

Court composed of John D. Saunders, Billy Howard Ezell, and Phyllis M. Keaty, Judges.

AFFIRMED AS AMENDED. Jack F. Owens, Jr. Law Office Of Owen & Lemke P. O. Box 595 Harrisonburg, LA 71340 (318) 744-5431 COUNSEL FOR PLAINTIFFS/ APPELLEES: Brenda Pritchard Tobice Pritchard

J. Morgan Passman Law Office of J. Morgan Passman 201 Johnston Street, Suite 402 Alexandria, LA 71301 (318) 445-6384 COUNSEL FOR DEFENDANTS/APPELLANTS: GEICO Casualty Company Bryce Ratcliff SAUNDERS, Judge.

This matter arises out of an automobile collision with Defendants’ minor

child, as a result of the minor’s failure to yield at an intersection. The trial court

found Plaintiffs to be free of fault, and the minor to be 100% at fault. The

judgment incorrectly cast him in judgment for damages and court costs, as he was

a minor at the time of the accident and not a named defendant in the suit.

Plaintiffs’ attorney subsequently presented to the trial court an amended judgment

and order with regard to the quantum and court costs assessed to the minor with no

opposition filed by any party. However, that amended judgment and order never

got filed into the record.

Defendants now appeal the trial court’s ruling. Their argument is that the

trial court erred in rendering judgment against a minor, in its allocation of fault and

in its award of general damages.

FACTS AND PROCEDUREAL HISTORY:

Plaintiffs, Brenda and Tobice Pritchard (“Pritchards”), filed suit against

Defendants, Edwin and Carla Ratcliff (“Ratcliffs”) and their insurer, GEICO

Casualty Company (“GEICO”), for injuries they sustained as a result of an

automobile collision that occurred on May 27, 2013, in Natchez, Mississippi. The

accident occurred when the Pritchards’ vehicle, driven by Tobice Pritchard, in

which Brenda Pritchard was a passenger, struck the vehicle being driven by the

Defendants’ minor child as he attempted to make a left-hand turn across a four-

lane intersection in front of the Pritchards’ vehicle. Initially, the Pritchards filed

separate lawsuits, but the suits were later consolidated.

The Defendants’ insurer, GEICO, by stipulation has insurance coverage of

$50,000.00 per person, $100,000.00 per accident. After a bench trial, the trial court awarded general damages in the amount of

$26,000.00 to Brenda Pritchard and awarded general damages in the amount of

$50,000.00 to Tobice Pritchard against the Defendants’ minor child and GEICO.1

Defendants timely filed a motion for suspensive appeal. Pursuant to that

motion, Defendants are presently before this court alleging two assignments of

error.

ASSIGNMENTS OF ERROR:

1. The trial court committed both legal error in rendering judgment against a minor and manifest error in its assessment of fault.

2. The trial court committed manifest error in its award of general damages.

ASSIGNMENT OF ERROR NUMBER ONE:

In their first assignment of error, Defendants make two contentions, the first

being that the trial court committed legal error in rendering judgment against a

minor at the time of the accident. We find merit to this contention.

Under the de novo standard of review, the appellate court assigns no special

weight to the trial court and, instead, if possible, when it finds that the trial court

made a reversible error of law, then conducts a de novo review and renders

judgment on the record. Roberts v. Hartford Fire Ins. Co., 05–1178 (La.App. 3 Cir.

4/5/06), 926 So.2d 121, writ denied, 06–1056 (La. 6/23/06), 930 So.2d 984. We

find that the trial court made a reversible error of law in rendering judgment

against a minor.

In the instant case, the trial court rendered judgment against a minor at the

time of the accident, who was not a named defendant in the suit. All parties agreed

that the court erroneously included the minor in the judgment, thus, Plaintiffs’

1 The general damage award to Tobice Pritchard was actually in the amount of $56,000.00, but was limited by stipulation to $50,000.00. 2 attorney subsequently submitted an amended judgment and order to the court.

However, that judgment was allegedly lost and was never filed in the record.

Louisiana Civil Code Article 2318 states: “parents are responsible for the

damage occasioned by their child as provided by law.”

Louisiana Civil Code of Civil Procedure Article 1951 provides:

On motion of the court or any party, a final judgment may be amended at any time to alter the phraseology of the judgment, but not its substance, or to correct errors of calculation. The judgment may be amended only after a hearing with notice to all parties, except that a hearing is not required if all parties consent or if the court or the party submitting the amended judgment certifies that it was provided to all parties at least five days before the amendment and that no opposition has been received.

In Villaume v. Villaume, 363 So.2d 448, 450 (La.1978), the supreme court

noted “the judgment may be amended by the court where the amendment takes

nothing from or adds nothing to the original judgment.”

In the instant case, according to the original judgment, the minor was

incorrectly cast in judgment for damages and court costs. An amended judgment

and order with regard to the quantum and court costs assessed to the minor was

subsequently submitted to the court, with no opposition filed by any party.

However, the amended judgment and order never got filed into the record.

Therefore, we amend the judgment to correct the phraseology that incorrectly cast

the minor in judgment, to instead cast Defendants, Edwin and Carla Ratcliff, in

judgment. Changing the phraseology of the judgment does not affect the rights of

the parties.

In their first assignment of error, Defendants’ second contention is that the

trial court committed manifest error in its allocation of fault. We disagree.

A fact finder’s allocation of fault is subject to the manifestly erroneous or

clearly wrong standard of review. Stobart v. State, through Dep’t of Transp. &

3 Dev., 617 So.2d 880 (La.1993). The findings of fact made by a jury will not be

disturbed unless they are manifestly erroneous or clearly wrong. Id. “Absent

‘manifest error’ or unless it is ‘clearly wrong,’ the jury or trial court’s findings of

fact may not be disturbed on appeal.” Sistler v. Liberty Mut. Ins. Co., 558 So.2d

1106, 1111 (La.1990). “If the trial court or jury’s findings are reasonable in light of

the record reviewed in its entirety, the court of appeal may not reverse, even

though convinced that had it been siting as the trier of fact, it would have weighed

the evidence differently.” Id. at 1112.

In Watson v. State Farm Fire & Cas. Ins. Co., 469 So.2d 967 (La.1985), the

supreme court addressed the factors to be considered in an appellate review of an

allocation of fault. Therein, the supreme court stated:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Stobart v. State Through DOTD
617 So. 2d 880 (Supreme Court of Louisiana, 1993)
Slagel v. Roberson
858 So. 2d 1288 (Louisiana Court of Appeal, 2003)
Villaume v. Villaume
363 So. 2d 448 (Supreme Court of Louisiana, 1978)
Roberts v. Hartford Fire Ins. Co.
926 So. 2d 121 (Louisiana Court of Appeal, 2006)
Arrow Fence Co. v. DeFrancesch
466 So. 2d 631 (Louisiana Court of Appeal, 1985)
Youn v. Maritime Overseas Corp.
623 So. 2d 1257 (Supreme Court of Louisiana, 1993)
Watson v. State Farm Fire and Cas. Ins. Co.
469 So. 2d 967 (Supreme Court of Louisiana, 1985)
Vigh v. State Farm Fire & Cas. Ins. Co.
706 So. 2d 480 (Louisiana Court of Appeal, 1998)
Duncan v. Kansas City Southern Railway Co.
773 So. 2d 670 (Supreme Court of Louisiana, 2000)
Arceneaux v. Domingue
365 So. 2d 1330 (Supreme Court of Louisiana, 1978)
Theriot v. Lasseigne
640 So. 2d 1305 (Supreme Court of Louisiana, 1994)
Coco v. Winston Industries, Inc.
341 So. 2d 332 (Supreme Court of Louisiana, 1977)
MacK v. Wiley
991 So. 2d 479 (Louisiana Court of Appeal, 2008)
Sistler v. Liberty Mut. Ins. Co.
558 So. 2d 1106 (Supreme Court of Louisiana, 1990)
Geraci v. LOUISIANA DOTD
589 So. 2d 1215 (Louisiana Court of Appeal, 1991)
Hollenbeck v. Oceaneering Intern., Inc.
685 So. 2d 163 (Louisiana Court of Appeal, 1996)
Toston v. Pardon
874 So. 2d 791 (Supreme Court of Louisiana, 2004)
Cone v. National Emergency Services, Inc.
747 So. 2d 1085 (Supreme Court of Louisiana, 1999)
Gottsegen v. Diagnostic Imaging Services
672 So. 2d 940 (Louisiana Court of Appeal, 1996)
Reck v. Stevens
373 So. 2d 498 (Supreme Court of Louisiana, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
Tobice Pritchard v. Geico Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tobice-pritchard-v-geico-insurance-company-lactapp-2017.