White v. McCoy

552 So. 2d 649, 1989 WL 134348
CourtLouisiana Court of Appeal
DecidedNovember 1, 1989
Docket20934-CA
StatusPublished
Cited by29 cases

This text of 552 So. 2d 649 (White v. McCoy) 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. McCoy, 552 So. 2d 649, 1989 WL 134348 (La. Ct. App. 1989).

Opinion

552 So.2d 649 (1989)

Willie J. WHITE, Appellant,
v.
Grady McCOY; Southern Research Company, Inc.; John Willis; Pacific Motor Trucking, a Division of St. Louis Southwestern Railway Company, Appellees.

No. 20934-CA.

Court of Appeal of Louisiana, Second Circuit.

November 1, 1989.

*650 Brenda J. Ford, Mansfield, for plaintiff/appellant.

Wilkinson, Carmody & Gilliam by Arthur J. Carmody, Jr., Steven E. Soileau, Shreveport, for defendants/appellees, John Willis & Pacific Motor Trucking.

Lunn, Irion, Johnson, Salley & Carlisle by Theodore J. Casten, Shreveport, for defendants/appellees, Grady McCoy & Southern Research Co., Inc.

Cook, Yancey, King & Galloway by Eskridge E. Smith, Jr., Shreveport, for intervenor/appellee, Employers Nat. Ins. Co. and Libbey Glass.

Before MARVIN, FRED W. JONES, Jr. and NORRIS, JJ.

NORRIS, Judge.

The plaintiff, Willie White, sued for injuries allegedly sustained when he drove a *651 forklift off a trailer and into the space between the trailer and the loading dock. In response to special interrogatories, a 12-member jury found that neither of the defendants, the trucking company or the security company, was negligent. White now appeals, urging that the jury's findings were manifestly erroneous and that the trial court should have allowed his alleged expert to testify in rebuttal. For the reasons expressed, we affirm.

Facts

White worked for the Libbey Glass plant in Shreveport as a forklift operator, a job he had held for about eight years. On October 19, 1984 he was using the lift to load glassware into a trailer owned by Pacific Motor Trucking ("PMT"). He drove from the platform at loading bay (called "Door") # 7 and into the trailer, carrying the last load of glassware that was to be placed in that trailer. Once inside, he began to see sunlight, which meant the trailer was being pulled away from the door. Realizing the trailer was moving and feeling he had to get off, he quickly backed the still-loaded forklift toward the dock. The trailer, however, was far enough from the dock to leave a gap.

The exact details of White's "fall" were disputed. White testified that the lift's rear wheels snagged on the dock plate, a movable metal ramp on the edge of the dock; at this point he jumped off, but had to scramble up the dock plate and struck his back and arm against parts of the lift and the trailer in the process; an instant later the lift fell to the ground. In an earlier deposition, however, he denied that he struck any part of his body when he jumped. The only other eyewitness, Libbey driver Billy Hines, testified that White did not really fall, but appeared to step off the lift "in the normal manner, just faster" when it was suspended and level with the dock. White appeared to land on his feet on the surface of the dock. The step down from the lift was only two feet. Seconds after the incident, White reported to his foreman, Troy Landrum, that he "landed on his feet" and was OK. The descriptions of a relatively minor "fall" were consistent with the patient history White gave to an early treating physician, Dr. Holladay, whom he saw five days after the incident. Hines testified, contrary to White, that the lift never actually hit the ground. None of the glassware on the forklift was broken.

White received workers comp benefits as a result of this on-the-job accident. Benefits were terminated, however, on March 18, 1985, when reports from Dr. Holladay and Dr. Long indicated that White should be able to return to work. White nevertheless has not returned to work and he brought a workers comp suit which is still pending against Libbey. In the instant tort case, Libbey was insulated from suit; in fact, Libbey employees testified as plaintiff's witnesses. The defendants herein are PMT and its driver, John Willis, who pulled the trailer from the dock; and Libbey's security company, Southern Research Company ("SRC") and its employee, Grady McCoy. White alleged that these defendants' joint and concurrent fault was the cause of his injuries. He did not allege that the defendants violated any applicable rules or regulations.

The following facts about the usual loading procedure at Libbey Glass are assembled from the testimony of Troy Landrum, the warehouse foreman, and Carlene Staser, the warehouse office secretary. The plant is surrounded by a security fence; two main gates in the fence are always locked. At the north gate is a guard house manned by an SRC security guard. A driver seeking to enter either gate must communicate with the guard house by intercom; typically he must identify himself and his company and state his business, either to drop off an empty trailer, collect a loaded one, or both. During daylight hours (when this incident occurred) the guard has no list of trailers to be dropped off or picked up. Rather he must telephone the warehouse office for instructions, which he relays to the driver. Typically the office provided the trailer number of the trailer to be collected. The guard would then let the driver in. In the case of a pickup, there would be a loaded trailer waiting in one of 17 numbered bay doors. Door numbers *652 were painted on the exterior but were not visible to drivers because the trailers blocked them. All witnesses but one verified that pickups and deliveries were identified by trailer number, not door number.

Either before or after hooking up the trailer (there was no set rule about this), the driver would go inside the warehouse and sign the bill of lading, which was in a hamper outside the office. Hines testified that drivers in Libbey's employ must follow a procedure for hooking up, which included first finding out which was the right trailer by going inside the office. He testified, however, that the procedure was different for drivers not employed by Libbey. This detail corresponds with McCoy's testimony that outside drivers relied on the information he gave them before hooking up. Willis testified there was no "normal" procedure for hooking up; a driver might go inside to the office first, but this was not required.

Each of the parties to the incident gave a slightly different account of how it happened. According to Willis, a driver with 37 years' experience, on the date of the incident his dispatcher told him a trailer number he was supposed to pick up; it was one of two PMT trailers to be collected from Libbey that day. Willis was also dropping off an empty. When he reached the gate, he called the guard on the intercom; he waited while the guard telephoned the warehouse office. Willis did not hear their conversation, but afterwards the guard gave him a door number in which to "spot" the empty and, to the best of Willis's memory, the guard gave him a trailer number to collect. Willis dropped off the empty and then headed to Door # 11, where his trailer was. Suddenly McCoy, the security guard, rode up on his scooter, stopped Willis and asked him where he was going. At one point Willis testified the trailer number he received from McCoy did not match the one from his dispatcher; later he said they matched, and the right trailer was in Door # 11. McCoy, however, told him to go back and pick up the other trailer, located in Door # 7. Willis said he did not quarrel because McCoy was in charge of security; besides, his dispatcher might have called later to request the other trailer. Willis therefore went back to Door # 7 and hooked up. He did not go inside the warehouse, either to get his paperwork or to check the contents of the trailer, before hooking up.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Germain Dodson v. Master Lube Express Inc.
Louisiana Court of Appeal, 2022
Bolton v. Willis-Knighton Medical Center
116 So. 3d 76 (Louisiana Court of Appeal, 2013)
Bickham v. RIVERWOOD INTERN. CORP.
966 So. 2d 820 (Louisiana Court of Appeal, 2007)
Robinson v. Healthworks Intern., LLC
837 So. 2d 714 (Louisiana Court of Appeal, 2003)
Bernard v. Cox Communications, Inc.
815 So. 2d 259 (Louisiana Court of Appeal, 2002)
State ex rel. T.E.
787 So. 2d 414 (Louisiana Court of Appeal, 2001)
Cooper v. Lacorte
775 So. 2d 4 (Louisiana Court of Appeal, 2000)
Strong's Plumbing, Inc. v. ALL SEASONS ROOFING
754 So. 2d 336 (Louisiana Court of Appeal, 2000)
Adkins v. Huckabay
749 So. 2d 900 (Louisiana Court of Appeal, 1999)
LeBlanc v. Continental Grain Co., Inc.
672 So. 2d 951 (Louisiana Court of Appeal, 1996)
Hampton v. JAL
658 So. 2d 331 (Louisiana Court of Appeal, 1995)
Beecher v. Keel
645 So. 2d 666 (Louisiana Court of Appeal, 1994)
Bessard v. State, DOTD
640 So. 2d 309 (Louisiana Court of Appeal, 1994)
Montgomery v. Max Foote Const. Co.
621 So. 2d 90 (Louisiana Court of Appeal, 1993)
First Downtown Dev. v. Cimochowski
613 So. 2d 671 (Louisiana Court of Appeal, 1993)
Smith v. American Indem. Ins. Co.
598 So. 2d 486 (Louisiana Court of Appeal, 1992)
McKeen Homeowners Ass'n, Inc. v. Oliver
586 So. 2d 679 (Louisiana Court of Appeal, 1991)
Smith v. English
586 So. 2d 583 (Louisiana Court of Appeal, 1991)
American Manufacturers Mutual Insurance Co. v. General Motors Corp.
582 So. 2d 934 (Louisiana Court of Appeal, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
552 So. 2d 649, 1989 WL 134348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-mccoy-lactapp-1989.