Triche v. Allstate Ins. Co.

686 So. 2d 127, 96 La.App. 1 Cir. 0575, 1996 La. App. LEXIS 3047, 1996 WL 739287
CourtLouisiana Court of Appeal
DecidedDecember 20, 1996
Docket96 CA 0575
StatusPublished
Cited by8 cases

This text of 686 So. 2d 127 (Triche v. Allstate Ins. Co.) 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
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).

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?
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.
To value the whole case?
To value the whole case.
Right.
You have to value the whole case and sit there then—
And apply the credits.
—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.
OK. But you're not suggesting that if, in other words, the maximum recovery in this case could possibly be $60,000?
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.
Right.
And the 50,000.
Right.
So, we're talking about a $25,000 difference.
Right. But with the $50,000 UM policy, were you ever entitled to a jury trial against Allstate?
* * * * * *
Sure, Judge. I think there's no question that—we didn't ask for the jury trial; they did, OK.
Right.
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.
That's what I say; the maximum case is 50, the maximum judgment value with the insurance is 60,000.
That's correct.
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.
That's correct.
OK. I agree with that.
OK.
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.
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.
Right.
So, I guess for the record, it's his stipulation that he feels that it's worth that. I don't have any comment one way or the other, although I think I was probably entitled to a jury anyway, but that's not what took place.

After these discussions, the trial court awarded Triche $50,000.00 in general damages, $32,880.00 in lost wages and $15,017.40 in medical expenses. He stated that "[j]udgment will be rendered in that amount against the defendant, with appropriate credits to be given in the judgment, plus costs, legal interest, as appropriate."

After the trial court recited its decision, Allstate's counsel complained that Triche's counsel indicated Triche's claim did not exceed $50,000.00, but the award by the court was well over that amount.

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Cite This Page — Counsel Stack

Bluebook (online)
686 So. 2d 127, 96 La.App. 1 Cir. 0575, 1996 La. App. LEXIS 3047, 1996 WL 739287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/triche-v-allstate-ins-co-lactapp-1996.