Triche v. Allstate Ins. Co.

686 So. 2d 127, 96 La.App. 1 Cir. 0575, 1996 La. App. LEXIS 3047, 1996 WL 739287
Louisiana Court of Appeal·Decided December 20, 1996·No. 96 CA 0575·Published·Cited by 8 cases

Opinion

686 So.2d 127 (1996)

Scottie A. TRICHE
v.
ALLSTATE INSURANCE COMPANY.

No. 96 CA 0575.

Court of Appeal of Louisiana, First Circuit.

December 20, 1996.

*128 Jerald P. Block, Thibodaux, LA, for Plaintiff/Appellee, Scottie A. Triche.

James F. Ryan, Metairie, LA, for Defendant/Appellant, Allstate Insurance Company.

Before WATKINS and KUHN, JJ., and GUIDRY, J. Pro Tem.[1]

CARL A. GUIDRY, Judge Pro Tem.

This is an appeal from a judgment rendered against an uninsured motorist ("UM") insurer as the result of an automobile accident. Defendant, Allstate Insurance Company ("Allstate"), contends that the trial court erred in holding a bench trial rather than a jury trial. Alternatively, Allstate contests the amount of damages awarded to plaintiff, Scottie A. Triche ("Triche").

FACTS

On March 12, 1993, Triche, while operating a vehicle owned by his employer, was involved in a rear-end collision with a vehicle operated by David S. Delaune. Triche settled with Allstate, in its capacity as Delaune's liability insurer, for the $10,000.00 policy limits. Subsequently, on March 7, 1994, Triche filed suit against his employer and Allstate, in its capacity as his employer's UM insurer. In paragraph twelve of the petition, Triche alleged that "the matter in controversy exceeds the amount specified in Code of Civil Procedure Article 1732(1) pertinent to jury trials." However, Triche did not request a jury trial. Allstate filed an answer to the petition on April 27, 1994. In this answer, Allstate denied the allegation contained in paragraph 12 of Triche's petition and requested a jury trial. The trial court granted Allstate's order for a jury trial on April 28, 1994. Allstate timely filed the appropriate jury bond. Additionally, on August 14, 1994, Allstate made an unconditional tender of $15,000.00 in UM benefits to Triche. A jury trial was subsequently scheduled for November 2-3, 1995.

On October 26, 1995, seven days before the jury trial was scheduled to begin, Triche's counsel sent a letter to the trial court advising the court that after discussing the matter with counsel for Allstate, they had concluded that "this matter [did] not exceed $50,000.00; therefore [they had] agreed to waive the jury." The letter was not signed by counsel for Allstate. Pursuant to this stipulation, the trial court held a bench trial on November 2, 1995. Allstate did not object to the bench trial prior to commencement of the trial.

The only witness to testify live at the bench trial was Triche. At the conclusion of his testimony, Triche began his closing argument. During the course of this argument, Triche's counsel stated, in pertinent part, as follows:

We have waived our right to a jury in this case, so we're dealing with limiting our case to $50,000. The UM coverage in this case is $50,000. But we're not claiming that full amount of money. What we're claiming is, that we are submitting that Mr. Triche has a claim, giving credit for the 10,000, giving credit for the 15,000 ... we are really talking about the difference between that and $50,000.
* * * * * *
So, really what we're talking about, Judge, is, does Mr. Triche have a claim that exists, that exists over and above what has already been paid to him. I think the answer to that is clearly yes.

The following discussion followed Triche's closing argument:

THE COURT:

[Y]ou wrote me a letter when you waived the jury. Saying that your claim was not worth in excess of $50,000.

[PLAINTIFF'S COUNSEL]:

Right.

*129 THE COURT:

And I really never thought about that before just now. And I'm wondering, did you mean your total case or your claim against Allstate in the jury?

[PLAINTIFF'S COUNSEL]:

My claim against Allstate in the jury. In other words, if, and let's say in connection with this matter, Judge, the way that I, at least I envisioned it, is this. If the case is worth $100,000, and you had to, and I guess that, Judge, to some extent that's what you have to do in this case, I guess.

THE COURT:

To value the whole case?

[PLAINTIFF'S COUNSEL]:

To value the whole case.

THE COURT:

Right.

[PLAINTIFF'S COUNSEL]:

You have to value the whole case and sit there then—

THE COURT:

And apply the credits.

[PLAINTIFF'S COUNSEL]:

—and apply the credits and our stipulation and waiver in connection with this, I guess that's what you're going to have to do. I think that's probably the proper way to do it.

THE COURT:

OK. But you're not suggesting that if, in other words, the maximum recovery in this case could possibly be $60,000?

[PLAINTIFF'S COUNSEL]:

Right. But what I'm saying, what I'm saying is this, that based upon what I, my agreement was, our agreement was, is that when you sit there we're talking about a differential between what has been paid, the 10,000, the 15,000.

THE COURT:

Right.

[PLAINTIFF'S COUNSEL]:

And the 50,000.

THE COURT:

Right.

[PLAINTIFF'S COUNSEL]:

So, we're talking about a $25,000 difference.

THE COURT:

Right. But with the $50,000 UM policy, were you ever entitled to a jury trial against Allstate?
* * * * * *

[PLAINTIFF'S COUNSEL]:

Sure, Judge. I think there's no question that—we didn't ask for the jury trial; they did, OK.

THE COURT:

Right.

[PLAINTIFF'S COUNSEL]:

But the question is whether or not they were entitled to ask for it, I think the answer to that is clear, because, remember that there was an underlying amount.

THE COURT:

That's what I say; the maximum case is 50, the maximum judgment value with the insurance is 60,000.

[PLAINTIFF'S COUNSEL]:

That's correct.

THE COURT:

So, at that point, they were entitled to a jury trial, because there was a possibility of a $60,000 judgment being rendered just on the insurance.

[PLAINTIFF'S COUNSEL]:

That's correct.

THE COURT:

OK. I agree with that.

[PLAINTIFF'S COUNSEL]:

OK.

THE COURT:

Response, [Allstate's counsel]?

[ALLSTATE'S COUNSEL]:

With regards to the last issue that you all are talking about, Judge, it was his stipulation that he felt that the claim was worth under the 50. It's a double edged sword, because if I indicate that it's worth more than 50, then I potentially open up a Pandora's box.

THE COURT:

Right.

*130 [ALLSTATE'S COUNSEL]:

But it also takes away my right to a jury trial. And I guess with a jury there may be a better or worse result based on whatever may take place today.

THE COURT:

Right.

[ALLSTATE'S COUNSEL]:

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Triche v. Allstate Ins. Co., 686 So. 2d 127, 96 La.App. 1 Cir. 0575, 1996 La. App. LEXIS 3047, 1996 WL 739287 (La. Ct. App. 1996).

686 So. 2d 127 (Triche v. Allstate Ins. Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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