Wells v. Hartford Acc. & Indem. Co.

437 So. 2d 295
CourtLouisiana Court of Appeal
DecidedAugust 10, 1983
Docket83-184
StatusPublished
Cited by4 cases

This text of 437 So. 2d 295 (Wells v. Hartford Acc. & Indem. 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
Wells v. Hartford Acc. & Indem. Co., 437 So. 2d 295 (La. Ct. App. 1983).

Opinion

437 So.2d 295 (1983)

William E. WELLS, et ux., Plaintiffs-Appellees-Appellants,
v.
HARTFORD ACCIDENT & INDEMNITY CO., et al.,
Defendants-Appellants-Appellees,
State of Louisiana, Through the Department of Transportation and Development, Defendant-Appellee-Appellant.

No. 83-184.

Court of Appeal of Louisiana, Third Circuit.

August 10, 1983.
Rehearing Denied September 26, 1983.
Writ Denied December 9, 1983.

*296 Gist, Methvin, Hughes & Munsterman, David A. Hughes, Alexandria, for defendants-appellants-appellees.

Fuhrer, Flournoy & Hunter, Leonard Fuhrer, Alexandria, for plaintiffs-appellees-appellants.

John C. Young, Baton Rouge, for defendant-appellee-appellant.

Before GUIDRY, FORET and PICKETT[*], JJ.

GUIDRY, Judge.

This is a joint action by petitioners, William E. Wells and Barbara Wells, seeking recovery of damages they sustained in an automobile collision. Made defendants in this suit are Rapides Parish Police Jury (hereafter the Parish); its liability insurer, Hartford Accident & Indemnity Co. (hereafter Hartford); and the State of Louisiana, through the Department of Transportation and Development (hereafter the State).

Immediately prior to the filing of this suit, Mr. and Mrs. Wells settled their claims and granted a release to Mrs. Givonna Todd, the driver of the other automobile involved in the collision; her husband, Larry G. Todd; and their insurer, Dairy land Insurance Company (hereafter Dairyland). By way of amended answers, the defendants pleaded the above mentioned receipt and release from the Wells to the Todds and their insurer as a bar to plaintiffs' suit. The Parish also filed an exception of res judicata based on the same ground which was overruled. The plaintiffs subsequently filed a motion for summary judgment on the issue of whether defendants could avail themselves of the receipt and release under the circumstances.[1] After trial on the merits, the trial judge found that: (1) the Parish, the State and Givonna Todd were each guilty of negligence which was a proximate cause of the accident; (2) each of the three defendants was at fault to the extent of thirty-three and one-third (331/3%) percent; and, (3) although the defendants and Givonna Todd were solidarily liable to the Wells, the receipt and release granted by the Wells to the Todds did not operate to discharge the defendants from their liability to the Wells. Judgment was rendered in favor of Mrs. Wells and against defendants in solido in the principal amount of two-thirds (2/3) of $136,715.74 or the sum of $91,143.83 and in favor of Mr. Wells and against the defendants in solido in the principal amount of two-thirds (2/3) of $235,827.76 or the sum of $197,231.97. From this judgment, the Parish and its insurer appeal suspensively and the State appeals devolutively presenting the following issues:

(1) Whether the trial judge erred in concluding that the defendants were not released by the plaintiffs' release of the Todds and Dairyland.
(2) Whether the trial judge erred in finding the Parish and/or the State at fault.

The plaintiffs have also appealed presenting additional issues as follows:

(3) Whether the trial judge erred in finding Mrs. Todd at fault.
(4) Whether the trial judge erred in failing to award lost earnings, past and future to Mrs. Wells.
(5) Whether the trial judge erred in failing to award future medical expenses to Mr. Wells.

FACTS

Five miles north of Pineville, Hooper Road, a road maintained by the Rapides Parish Police Jury, forms a T-intersection, from the East, with Louisiana Highway 3225 which was formerly U.S. Highway # 71. This T-intersection is controlled by a "STOP" sign posted on Hooper Road directing traffic on Hooper Road to stop and yield the right of way to traffic on Louisiana Highway # 3225.

On December 18, 1981, at approximately 3:50 p.m., William and Barbara Wells were *297 proceeding in a northerly direction on Louisiana Highway # 3225 approaching its intersection with Hooper Road. At the same time Givonna Todd was proceeding in a westerly direction on Hooper Road approaching its intersection with Louisiana Highway # 3225. As the two vehicles proceeded in this manner, Givonna Todd, upon first seeing the stop sign, instead of braking, elected to run the stop sign. She thus proceeded into the intersection and collided with the Wells' vehicle.

Hooper Road is a winding blacktop road with many curves. It becomes straight a short distance prior to the T-intersection allowing a vehicle to pick up speed. At the time of the accident, only a stop sign warned of this intersection and this sign was defaced and obscured by tree limbs. The trial court concluded from the evidence that the Parish and the State were guilty of negligence in failing to adequately warn of this dangerous intersection. As a result of the accident, both Mr. and Mrs. Wells sustained severe multiple injuries.

By receipt and release executed March 30, 1982, Barbara Wells acknowledged receipt of payment of $10,310.00 and William Wells acknowledged receipt of payment of $15,553.50 by Dairyland Insurance Company and in consideration of those sums granted a release to Larry G. Todd, Givonna Todd and their insurer, Dairyland Insurance Company. The release provides in pertinent part as follows:

"... We do hereby release, acquit and forever discharge Larry G. Todd and Givonna Todd and Dairyland Insurance of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation on account of, or in any way growing out of, and any and all known and unknown bodily injuries and property damage resulting or to result to either or both of us from an accident that occurred on or about the 18th day of December, 1981, at or near Tioga LA. near Alexandria LA... This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release are contractual and not a mere recital."

A full copy of the release referred to is annexed to this opinion as Appendix I. This suit was filed on April 12, 1982.

It is the contention of the defendants that the negligence of Givonna Todd was the sole cause of the accident. Alternatively, they contend that if they are found to be joint tortfeasors with Mrs. Todd, since the above release does not expressly reserve the creditors' rights against them, under C.C. Art. 2203, as solidary obligors, they were also discharged by the discharge of Mrs. Todd. We first consider this alternative contention.

EFFECT OF RELEASE ON THE DEFENDANTS

The trial judge found that defendants were co-tortfeasors with Mrs. Todd, but concluded that the release, either on its face or according to the true intentions of the parties did not effect a discharge of anyone other than the Todds and Dairyland. In so concluding, he stated in his written reasons for judgment as follows:

"The Court finds that the release, either on its face or according to the true intention of the parties to it, does not have the effect of releasing anyone other than the parties named therein, the Todds and Dairyland.

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437 So. 2d 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-hartford-acc-indem-co-lactapp-1983.