White v. Gulf States Utilities Co.

525 So. 2d 145, 1988 WL 16530
CourtLouisiana Court of Appeal
DecidedMarch 2, 1988
Docket87-84
StatusPublished
Cited by8 cases

This text of 525 So. 2d 145 (White v. Gulf States Utilities 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
White v. Gulf States Utilities Co., 525 So. 2d 145, 1988 WL 16530 (La. Ct. App. 1988).

Opinion

525 So.2d 145 (1988)

Clyde R. WHITE, Plaintiff-Appellant,
v.
GULF STATES UTILITIES COMPANY and Otis Elevator Company, Defendants-Appellees,
Employers National Insurance Company, Defendant-Appellant-Intervenor.

No. 87-84.

Court of Appeal of Louisiana, Third Circuit.

March 2, 1988.

*146 Miguez & Leckband, James Miguez and Carl Leckband, Lake Charles, for plaintiff-appellant.

Plauche, Smith & Nieset, A.R. Johnson IV, Lake Charles, for defendant-appellant-intervenor.

Stockwell, Sievert, Viccellio, Clements & Shaddock, Robert W. Clements, Lake Charles, for defendants-appellees.

Before DOMENGEAUX and LABORDE, JJ., and CULPEPPER, J. Pro Tem.[*]

LABORDE, Judge.

Plaintiff, Clyde R. White, brought suit for personal injuries sustained while working in the course and scope of his employment with Bechtel Corporation against Gulf States Utilities and Otis Elevator Company. Employers National Insurance Company intervened to recoup worker's compensation benefits and medical expenses. By summary judgment, Otis Elevator Company was dismissed from suit. The trial court also dismissed Gulf States Utilities by summary judgment but the judgment was reversed by this Court. 465 So.2d 287 (La.App.3d Cir.), writ denied, 468 So.2d 576 (La.1985). On remand, at the conclusion of plaintiff's case in chief, the trial court granted Gulf States Utilities motion for directed verdict. From this judgment plaintiff and Employers National Insurance Company appeal. We affirm.

FACTS

On November 8, 1979, while working as a journeyman ironworker for Bechtel Corp. at the Nelson Power Plant outside of Lake Charles, Louisiana, plaintiff sustained a severe injury to his arm. Plaintiff alleges that at the time of the accident he was preparing to straighten and align a construction elevator tower attached to the exterior of the main boiler building which was under construction.

*147 The elevator is affixed to the south side of the square tower frame. The elevator's counterbalance ran on the north side of the tower frame. Plaintiff was waiting for instructions in the interior of the tower frame at the time of the accident. The elevator began its ascent; concurrently, the counterbalance began its descent upon plaintiff's arm. Plaintiff's arm became lodged between the counterbalance and the tower frame itself. The arm was severely injured.

Plaintiff's action against Gulf States Utilities is based upon its alleged failure to properly inspect, maintain, repair, and supervise the operation of the elevator. Plaintiff alleges that the elevator was unsafe because it was not equipped with any warning device designed to alert people working on the tower of the elevator's operation. Plaintiff seeks to have Gulf States Utilities held liable under strict liability (La.C.C. art. 2317 & 2322) as the owner of a defective immovable; and under negligence (La.C.C. art. 2315) as the supervisor of the construction elevator.

Plaintiff apparently abandons his argument under La.C.C. art. 2315 on appeal as no mention is made of it. In an abundance of caution, however, the issue will be discussed. Further, we must determine whether the construction elevator is an immovable for the purposes of strict liability.

STANDARD FOR DIRECTED VERDICTS

Directed verdicts facilitate judicial efficiency by allowing the trial judge to conclude the litigation in a jury trial if the facts and inferences are so overwhelmingly in favor of the moving party that the trial court believes that reasonable men could not arrive at a contrary verdict. Campbell v. Mouton, 373 So.2d 237, 238 (La.App.3d Cir.1979). Louisiana trial courts have authority to grant directed verdicts under La. C.C.P. art. 1810:

"A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict that is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury."

Article 1810 does not provide a standard for the trial court to employ in determining a party's right to a directed verdict. Louisiana courts have adopted the standard succinctly stated in Boeing Company v. Shipman, 411 F.2d 365 (5th Cir.1969):

"On motions for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the evidence—not just that evidence which supports the non-mover's case—but in the light and with all reasonable inferences most favorable to the party opposed to the motion. If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court believes that reasonable men could not arrive at a contrary verdict, granting of the motions is proper. On the other hand, if there is substantial evidence opposed to the motions, that is, evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motions should be denied, and the case submitted to the jury."

See Breithaupt v. Sellers, 390 So.2d 870 (La.1980); Roberts v. St. Bernard Parish School Board, 427 So.2d 676 (La.App. 4th Cir.1983); Campbell, 373 So.2d at 239.

After reviewing plaintiff's evidence in the light most favorable to him, and drawing all reasonable inferences most favorable to his position, we conclude that defendant's motion for directed verdict was judiciously granted.

LIABILITY UNDER CIVIL CODE ARTICLE 2315

Plaintiff asserts that Gulf States Utilities is liable for the accident in the elevator tower because the Company had exercised *148 supervision over the elevator. At trial, however, this assertion was put to rest.

Mr. Wilbert Demarie, a former co-worker of plaintiff and ironworker-steward at the power plant project, testified that he never had any contact with Gulf States people. No Gulf States employees supervised his work—from the time he unloaded the construction elevator until the time he retired from the project. Further Mr. Demarie stated that Bechtel operated the elevator. Mr. Demarie noted that Gulf States employees visited the job site to observe the quality of work.

The general foreman of Bechtel's ironworkers group, Mr. Norman Hebert, testified that Gulf States employees did not supervise or direct any work, but that they would observe the work to insure that it was in compliance with the contract.

Plaintiff, Mr. White, failed to mention even one occasion where Gulf States directed or supervised the operation of the project, let alone the elevator. Further, plaintiff ignores the theory in his brief.

From the testimony presented, we have no hesitancy in concluding that Gulf States had no supervisory duty over plaintiff, over the elevator, or over the project in general. The trial court's directed verdict as to La.C.C. art. 2315 was appropriate.

LIABILITY UNDER CIVIL CODE ARTICLE 2317

Plaintiff argues that as property owner, Gulf States had custody over the defective elevator which caused plaintiff's injuries.

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Cite This Page — Counsel Stack

Bluebook (online)
525 So. 2d 145, 1988 WL 16530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-gulf-states-utilities-co-lactapp-1988.