Trahan v. Doerle Food Services, LLC

112 So. 3d 915, 12 La.App. 3 Cir. 1121, 2013 WL 960444, 2013 La. App. LEXIS 489
CourtLouisiana Court of Appeal
DecidedMarch 13, 2013
DocketNo. CA 12-1121
StatusPublished
Cited by1 cases

This text of 112 So. 3d 915 (Trahan v. Doerle Food Services, LLC) 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
Trahan v. Doerle Food Services, LLC, 112 So. 3d 915, 12 La.App. 3 Cir. 1121, 2013 WL 960444, 2013 La. App. LEXIS 489 (La. Ct. App. 2013).

Opinion

PETERS, J.

_JjThis appeal arises from a suit filed by Robbie Trahan against Hercules Liftboat Company, LLC (Hercules) and Doerle Food Services, LLC (Doerle Food Services) seeking to recover damages he sustained in an August 14, 2007 accident. In that litigation, Hercules filed a third-party demand against Trahan’s employer, HUB Enterprises, Inc.(HUB) and its liability insurer, First Mercury Insurance Company (First Mercury), seeking to recover the [917]*917expenses it incurred in defending Trahan’s lawsuit. The matter now before us involves an appeal by HUB and First Mercury seeking reversal of part of the grant of a summary judgment in favor of Hercules awarding it indemnification from HUB for the expenses it incurred in the litigation. For the following reasons, we reverse that part of the trial court’s grant of the summary judgment addressed in this appeal, and remand this matter to the trial court for further proceedings.

DISCUSSION OF THE RECORD

The basic facts applicable to this appeal are not in dispute. On August 8, 2006,1 HUB and Hercules entered into a written agreement entitled “SECURITY CONTRACT” (hereinafter referred to as “Security Contract”) wherein HUB, as an independent contractor, agreed to provide Hercules with “uniformed/unarmed, guard protection service” at locations to be identified by Hercules. In a separate document described as an “ACCESS AGREEMENT” (hereinafter referred to as “Access Agreement”) made effective August 8, 2006, HUB and Hercules agreed to indemnify each other for acts or omissions of their respective employees or agents.

One of the locations on which HUB ultimately provided security services was property in Lafayette, Louisiana, that Hercules subleased from Doerle 12Properties, LLC (Doerle Properties) pursuant to a written agreement entitled “SUBLEASE AGREEMENT” (hereinafter referred to as “Sublease Agreement”) made effective October 7, 2005.2 This Sublease Agreement also contained an indemnity agreement wherein Hercules agreed to indemnify Doerle Properties for certain claims made against it.

On August 14, 2007, Robbie Trahan was working on the Doerle Properties location when a severe storm caused his guard shack to topple over. One year later, he instituted this suit for damages against Hercules and Doerle Food Services.

After both defendants joined issue in the litigation by filing answers, Hercules filed a third-party demand against HUB and First Mercury. In this December 21, 2009 filing, Hercules sought judgment against HUB “for defense and for indemnification for all amounts for which HERCULES may be cast in judgment or may pay in settlement to [Robbie Trahan], for all costs and attorney’s fees incurred in prosecuting th[e] Third Party Demand, and for all costs and attorney’s fees incurred by HERCULES in defending [Robbie Tra-han]’s demand.” Additionally, Hercules sought judgment against HUB “for defense and for indemnification for all amounts which HERCULES may be cast in judgment or may pay in settlement to the plaintiff in connection [Robbie Tra-han’s claim against DOERLE and for all costs and attorney’s fees incurred by HERCULES in defending [Robbie Tra-hanj’s demand against DOERLE.” Hercules sought similar relief from First Mercury.

On May 5, 2010, Hercules filed a motion for summary judgment addressing the relief prayed for in its third-party demand. This motion was followed on May 17, 2010, by a cross-motion for partial summary [918]*918judgment filed ■ by HUB and First |sMercury seeking a judgment to the effect that they did not owe indemnity to Hercules for any expenses associated with its indemnification obligations to Doerle Food Services.

The motion and cross-motion were heard by the trial court on July 12, 2010. After listening to the oral arguments and considering the evidence before it, the trial court rejected the cross-motion for partial summary judgment filed by HUB and First Mercury, and granted Hercules the relief it prayed for, but only as to HUB and not First Mercury.3 The August 10, 2010 judgment arising from this ruling reads in pertinent part as follows:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT THE Motion for Summary Judgment filed by HERCULES is GRANTED in part. Specifically, this Court finds that a valid contract for defense and indemnity was in effect between HERCULES and HUB at the time of the alleged August 14, 2007 incident involving Plaintiff, Robbie Trahan, and, therefore, HUB owes contractual defense and indemnity to HERCULES, with respect to the claims of plaintiff, ROBBIE TRA-HAN, against HERCULES, on all amounts for which HERCULES may be cast in judgment or may pay in settlement to the plaintiff, and for all costs and attorney fees incurred by HERCULES in defending plaintiffs claims.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the above referenced contract for defense and indemnity between HERCULES and HUB extends to and covers the contractual defense and indemnity claim made by Defendant, DOERLE FOOD SERVICES, LLC (“DOERLE”), against HERCULES pursuant to a contract that was in effect between DOERLE and HERCULES at the time of the alleged August 14, 2007 incident.

It is this second paragraph of the judgment that gives rise to this appeal.

The judgment rendered did not constitute a final judgment for the purposes of an immediate appeal. La.Code Civ.P. art. 1915(B). However, before the matter went to trial on the merits, Robbie Trahan settled his claims against Doerle Food Services and Hercules. On June 12, 2012, the trial court, executed an order wherein |4Mr. Trahan, HUB, and First Mercury dismissed all of their claims against Doerle Food Services. In that pleading, HUB and First Mercury reserved all of their rights to fully litigate the indemnification issues — including the right to appeal the August 10, 2010 judgment as well as the right to recover certain sums they had paid to Doerle Food Services under protest pursuant to that judgment. Twenty-four days later, on June 26, 2012, Robbie Trahan dismissed his claims against Hercules, acknowledging that he had received nothing from Hercules for the dismissal.

The dismissal of the principal claims had the effect of making the judgment on the indemnity claims final. Recognizing this change in the posture of the judgment, on July 10, 2010, HUB and First Mercury filed a motion to appeal that portion of the August 10, 2010 judgment ordering indemnification to Hercules for any amounts Hercules might be required to pay Doerle Food Services under the terms of the Sublease Agreement with Doerle Properties. The trial court granted the motion on July 12, 2012. In their appeal, HUB and First [919]*919Mercury asserted in their one assignment of error that the trial court erred in concluding that the indemnity provisions of the Access Agreement extended to cover the indemnification obligations owed by Hercules to Doerle Properties under the Sublease Agreement. Under these facts, HUB and First Mercury argue, the trial court should have granted their motion for partial summary judgment and rejected Hercules’ motion for summary judgment on that issue.

OPINION

“Appellate courts review grants of summary judgment de novo, using the same criteria that govern the trial court’s consideration of whether summary judgment is appropriate, that is, whether there is a genuine issue of material fact Land whether the mover is entitled to judgment as a matter of law.” Alexander v.

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112 So. 3d 915, 12 La.App. 3 Cir. 1121, 2013 WL 960444, 2013 La. App. LEXIS 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trahan-v-doerle-food-services-llc-lactapp-2013.