STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
24-469
consolidated with 24-470, 24-471, 24-472, 24-473, 24-474, 24-475, 24-476, 24-477
MARTHA BROWN
VERSUS
ARKITA JOHNSON, ET AL
**********
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 267,149 consolidated with Nos. 269,028; 267,265; 269,040; 269,048; 269,089; 269,293; 269,306; and 269,479 HONORABLE MONIQUE FREEMAN RAULS, DISTRICT JUDGE
********** CLAYTON DAVIS JUDGE **********
Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.
AFFIRMED. Donald Ray Brown Attorney at Law P. O. Box 12478 Alexandria, Louisiana 71315-2478 Telephone (318) 487-9976 COUNSEL FOR THIRD PARTY/APPELLEE: Winnie Lott
Julius Willis Grubbs, Jr. Haik, Minvielle & Grubbs 1101 E. Admiral Doyle Drive #503 New Iberia, Louisiana 70560 Telephone (337) 365-5486 COUNSEL FOR THIRD PARTY/APPELLEE: Christus St. Francis Cabrini Hospital
Edward S. Johnson Attorney at Law 701 Poydras Street, Suite 4700 New Orleans, Louisiana 70139-7701 Telephone (504) 528-3001 COUNSEL FOR DEFENDANT/APPELLANT: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc.
Thomas Benjamin Moyse Wahlder Attorney at Law 1740 Jackson Street Alexandria, Louisiana 71306 Telephone (318) 442-9417 COUNSEL FOR PLAINTIFF/APPELLEE: Martha Brown
Joseph B. Stamey Stamey Law Firm, LLC PO Drawer 1288 Natchitoches, Louisiana 71458-1288 Telephone (318) 352-4559 COUNSEL FOR DEFENDANT/APPELLANT: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc. Laurie Ann Simms Thomas B. Wahlder Firm 1740 Jackson Street Alexandria, Louisiana 71306 Telephone (318) 442-9417 COUNSEL FOR PLAINTIFF/APPELLEE: Martha Brown
Paul J. Tellarico Brian Caubarreaux & Associates 2204 McArthur Drive Alexandria, Louisiana 71301 Telephone (318) 442-0900 COUNSEL FOR THIRD PARTY/APPELLEE: James Ayres Debra Swearington Sheterrian Sewell Derrick Wilson
Lewis Olivier Lauve, Jr. Bussey & Lauve, LLC P. O. Drawer 8778 Alexandria, Louisiana 71306 Telephone (318) 449-1937 COUNSEL FOR THIRD PARTY/APPELLEE: City of Alexandria
Byron O’Neal O’Neal Law Firm 1847 Sterkx Road Alexandria, Louisiana 71301 Telephone (318) 487-8787 COUNSEL FOR THIRD PARTY/APPELLEE: Marrison Wright James Odom Charles Price Shirley Cooper Odom Vickie L. Odom Bronnie Odom Shirley Cooper Odom obo Jerry Cooper, deceased
Shawn M. Bordelon Laborde Earles Law Firm 100 Versailles Blvd., Suite A Alexandria, Louisiana 71303 Telephone (318) 373-6321 COUNSEL FOR THIRD PARTY/APPELLEE: Derrick Vales Joshua J. Dara, Jr. Gold, Weems, Bruser P. O. Box 6118 Alexandria, Louisiana 71301 Telephone (318) 445-6471 COUNSEL FOR THIRD PARTY/APPELLEE: City of Alexandria
Stephen J. Hecker Attorney at Law 631 St Charles Ave, Suite 2F New Orleans, Louisiana 70130 Telephone (504) 446-1000 COUNSEL FOR PLAINTIFF/APPELLEE: Martha Brown
Rachel Coronel Gordon McKernan 4207 Parliament Drive, Suite A Alexandria, Louisiana 71303 Telephone (318) 443-8888 COUNSEL FOR THIRD PARTY/APPELLEE: Connie Combs Hope Carter Darryl Williams DAVIS, Judge.
These consolidated actions arise from an automobile accident in December
2019 in Alexandria. Martha Brown, a City of Alexandria employee, was driving a
city bus with several passengers on board when she proceeded through an
intersection on a green light. Arkita Johnson, an employee of Martin Marietta
Materials, Inc., was operating a company pickup truck. The pickup entered the
intersection first, despite being faced with a red light, and the front of the bus collided
with the pickup’s front driver side. The bus proceeded through the intersection and
drifted off the roadway. Brown fell out of the driver’s seat as the bus jumped a curb
and struck a brick wall and then a utility pole.
Brown and other injured plaintiffs, along with the City of Alexandria, sued
Johnson, Martin Marietta, and Ace American Insurance, alleging the negligence of
Johnson and Martin Marietta.1 Some of the plaintiffs also named Brown and the
City as defendants, alleging their negligence. Various third party demands and
interventions were also filed, all centered around the negligence of Johnson and/or
Brown.
The trial court bifurcated trials on the issues of liability and damages. The
City’s liability was tried to the judge, while a jury determined the liability of the
other defendants. The trial court and the jury both found Arkita Johnson 100% at
fault.
Martin Marietta appeals the judgment alleging the trial court: 1) erroneously
granted Brown’s motion to strike Johnson’s expert witnesses, and 2) instructed the
jury with confusing and inconsistent statements of the law. Martin Marietta also
appeals the assignment of all fault against Johnson and the failure to attribute any
1 We refer to Johnson, Martin Marietta, and Ace collectively as “Martin Marietta” in this opinion. fault to Brown because of her breach of the heightened standard of care applicable
to a professional driver.
For the reasons discussed below, we affirm in all respects the judgment from
the trial court.
Motion to Strike Martin Marietta’s Expert Witnesses
Counsel for Brown and the City sent discovery requests to Martin Marietta in
February 2020 asking it to identify witnesses, particularly expert witnesses, they
intended to call at trial. Price’s counsel propounded a similar request in September
2020.
Martin Marietta’s counsel objected to the discovery requests as premature and
said experts would be listed in accordance with the court’s scheduling order. They
never supplemented the response. In October 2020, accident reconstructionist
Jeremy Hoffpauir and biomedical engineer Jeffrey Wheeler attended an inspection
of the bus involved in the accident. On August 30, 2023, Martin Marietta identified
Mr. Hoffpauir and Mr. Wheeler as witnesses to be called at trial. This disclosure was
ninety days before trial and sixty days before the discovery deadline, in accordance
with the court’s scheduling order and deadline to disclose experts.
Brown filed a motion to exclude the testimony of Mr. Hoffpauir and Mr.
Wheeler at trial because Martin Marietta had not identified them in discovery. The
trial court granted the motion. Although Martin Marietta indicated it would seek a
supervisory writ at the hearing, it never did. Martin Marietta made no proffer of the
experts’ testimony either at the hearing or at trial.
Louisiana Code of Civil Procedure Article 1636 allows a party to offer
excluded evidence and subject it to cross-examination. When such a proffer is made,
the trial court shall state its reasons for excluding the evidence on the record. That
decision is reviewable on appeal. The failure to proffer excluded testimony does not
2 prohibit appellate review when the record on appeal clearly shows the content of the
excluded testimony. Williams v. Lafayette City-Par. Consol. Gov’t, 11-281 (La.App.
3 Cir. 10/5/11), 72 So.3d 1023, writ denied, 11-2473 (La. 2/3/12), 79 So.3d 1027.
The Williams plaintiff sustained injury when she fell on a public bus. She
offered testimony of a witness about the bus operator’s driving habits and the
defendant’s training procedures. The trial court excluded the testimony as irrelevant,
and the plaintiff’s counsel did not proffer it to the court. Counsel did, however,
inform the court of the topics about which the witness would have testified. On
appeal, this court noted the difference between topics and substance of testimony
and found “the factual statements and/or conclusions to which [the witness] would
have testified are not apparent from the record.” Id. at 1028.
Expert witness testimony is based on “[t]he expert’s scientific, technical, or
other specialized knowledge [that] will help the trier of fact to understand the
evidence or to determine a fact in issue.” La. Code Evid. art. 702. Expert testimony
must be “based on sufficient facts or data,” use reliable principles and methods in its
analysis, and reliably apply those principles and methods to the facts of the case. Id.
Martin Marietta contends other evidence in the record on appeal establishes
that two impacts occurred, passengers and Brown were thrown from their seats,
Brown was not wearing her seat belt, and other facts established by non-expert
witnesses. The record lacks testimony based on expert knowledge that would aid
the trial judge and jury to determine liability for this accident. It further lacks
testimony showing the application of reliable principles and methods to the facts to
aid the triers of fact.
While the record contains the facts on which the experts would have based
their conclusions, it does not show how those facts would lead to scientific, technical,
or specialized conclusions resulting from the experts’ application of reliable
3 principles and methods to the facts of this case. Indeed, if the record could
sufficiently establish the substance and conclusions of the expert testimony without
that testimony being part of the record, no expert testimony would be necessary.
We need not determine whether the trial court abused its vast discretion by
excluding the expert testimony of Mr. Hoffpauir and Mr. Wheeler. Martin Marietta
did not proffer the excluded testimony or introduce evidence into the record of the
experts’ conclusions that would have aided the jury and the trial judge in determining
liability. This assignment of error lacks merit.
Jury Instructions
Martin Marietta contends the trial court’s jury instructions about the standard
of care to be applied to Brown’s conduct were inconsistent and confusing. Brown
contends Martin Marietta is estopped from challenging those instructions on appeal
because it did not state its objections to them on the record.
A party objecting to an instruction given to the jury must state “specifically
the matter to which he objects and the grounds of his objection.” La.Code Civ.P. art.
1793(C). The objection may be made before the jury retires to deliberate or
immediately after the jury retires. A party who does not make such an objection may
not raise the issue on appeal. Libersat v. J & K Trucking, Inc., 00-192 (La.App. 3
Cir. 10/11/00), 772 So. 2d 173. Objections not placed in the record are insufficient
to preserve the issue for appeal. See Smiciklas v. Groendyke Transport, Inc., 505 So.
2d 775 (La.App. 2 Cir.), writ denied, 506 So.2d 1231 (La.1987).
Here, the parties and the trial court engaged in a lengthy discussion of the
specific language of each of the jury instructions shortly after trial began. Counsel
for Martin Marietta made comments about the instructions and suggestions for
changes to them but never stated an objection to what would be read to the jury. At
one point in that discussion the trial judge made a passing reference on the record to
4 “when we had our conference on the phone” about jury instructions. The substance
of that conference is not part of the record.
This court cannot assume that someone objected to a jury charge or
determined the substance of an objection made during a conference that is not part
of the record on appeal. The record contains no objection in any proceeding or event
discussing jury instructions other than the conference after trial began. It contains no
indication of Martin Marietta’s objections to jury charges 9-13 of which it now
complains. Thus, this court is unable to consider Martin Marietta’s claim. Id.
Assignment of Fault
Martin Marietta contends the verdicts of the trial court and the jury are
manifestly erroneous. It argues that a judgment carries no weight when the jury
receives incorrect instructions on the law or when the trial court erroneously
excludes evidence. As discussed above, Martin Marietta’s arguments about incorrect
instructions or erroneously excluded evidence are not properly before this court.
Thus, we review the issue of fault allocation under the manifest error standard and
not via de novo review.
To disturb the allocation of fault, this court must find that the record contains
no reasonable factual basis for the trial court’s ruling and that it shows the finding is
clearly wrong. Thibodeaux v. Donnell, 16-570 (La. 1/20/17), 219 So. 3d 274. Our
review of the record reveals no basis on which to revise the allocation of fault.
Both drivers claimed they entered the intersection of Elliott and Foisy Streets
on a green light; evidence and testimony established the bus had the green light as it
traveled west on Elliott Street. The Hathorn Building to the right of the bus at the
intersection was so close to the roadway that it obstructed a view of southbound
traffic on Foisy Street and westbound traffic on Elliott so that neither vehicle could
see the other approaching the intersection.
5 Martin Marietta contends Brown breached the heightened standard of care
required of a professional driver by failing to take adequate precautions as she
approached and entered the intersection. She should have driven defensively and
anticipated the negligence of Johnson as required by the City’s policies and
procedures to mitigate and not worsen potential harm.
Martin Marietta argues a first collision occurred when the bus struck the
pickup in the intersection, and a second collision took place when the bus traveled
on and struck a brick wall and a utility pole. However, the record shows the pickup
was involved in three collisions and the bus was involved in five.
The primary collision caused the bus to drift to the left and the pickup to spin
in a clockwise direction. The pickup’s left rear corner then struck the right side of
the bus near the rear passenger door. The pickup continued to slide until it struck a
utility pole on the north side of Elliott Street and came to rest. After the two collisions
with the pickup, the bus continued to veer slightly to the left, south side of Elliott for
a short distance. It then struck a high, raised concrete curb and went over the curb.
The left corner of the bus struck a large concrete wall, traveled alongside the wall,
and came to rest after it struck a metal utility pole.
Corporal Joshua Daigre, the lead investigating officer on the case, testified
Brown, driving the bus, had the green light when Johnson, driving the pickup,
entered the intersection. Corporal Daigre saw no evidence of pre-impact braking by
the bus or the pickup. Using a time-distance analysis, Corporal Daigre calculated the
bus was traveling below the speed limit at twenty-one to twenty-two miles per hour.
Brown fell to the floor of the bus when it struck the brick wall because she
was not wearing her seat belt. According to Corporal Daigre, wearing a seat belt
generally gives a driver a better opportunity to keep her hands on the steering wheel
and her foot on the brake.
6 Examination of photographs of the accident site with both vehicles at the
points at which they came to rest shows only a short distance between the original
point of impact and the final positions of the vehicles. Witness Hope Carter was a
passenger on the bus. She felt two impacts between the bus and the pickup; the
second impact sent the bus drifting into the wall. Chaos erupted after the first impact,
with “people falling and flying” while the bus was still in motion.
Marrison Wright was also a passenger on the bus. He saw the pickup
increasing speed, “coming faster and faster” as it approached and entered the
intersection. The driver had a phone in her right hand and “was on the phone,
screaming like.”
In contrast, Johnson testified she was holding her cell phone between her legs,
not in her hand, before the accident. She did not use her phone between the time she
left Martin Marietta to the time of the impact. Johnson was able to make a call to her
boyfriend within thirty seconds of the impact despite losing her bearings and the
deployment of all the truck’s airbags. At the time of the accident, Johnson’s driver’s
license was suspended. Nevertheless, she had access and use of two Martin Marietta
vehicles.
Johnson also testified she had the green light. She saw the light turn green
when she turned onto Foisy Street from Madison Street. She passed at least two
streets before reaching the intersection of Foisy and Elliott Streets, and the light was
green the entire time. She testified she had seen a video that was shown to the jury
showing that the bus had the green light, and she had no explanation for that.
Johnson could not see around the Hathorn Building toward the direction from
which the bus came. Johnson’s version of the collision was that she “was side-
swiped by a bus, and swerved around.” She said “the front driver’s side fender tire”
of the bus struck her truck and spun her clockwise. She recalled hitting a pole but
7 not hitting the bus a second time. Johnson did not think she could have done anything
to avoid striking the pole because her truck was spun around from the impact.
Brown testified she stopped the bus at a red light at Sixth Street. The light
turned green, and she “went straight up Elliott.” She saw the light at Elliot and Foisy
turn green; by the time she “got to the middle of the intersection, collision.” She
“didn’t see nothing, until impact.” She did not see Johnson because of the Hathorn
Building. Nothing she could have done would have avoided the accident.
A planned upcoming surgery made the seatbelt uncomfortable for Brown to
always wear. She would “take the belt off and on, off and on.” Brown was not
wearing it at the time of the impact. She knew the City’s Policies and Procedures
required her to wear the seat belt. When she had told her supervisors prior to the
accident that she did not wear her seat belt on all occasions, she was told to wear it,
but her supervisors never did anything beyond that. Brown admitted she should have
been wearing the seat belt but believed that would not have prevented Johnson from
“running through the red light.” Brown was not disciplined because of this accident.
The impact was hard, “like boom. And people just everywhere, screaming,
hollering[.]” The bus went to the left. Brown was “knocked out of [her] seat” and
her hands were on the steering wheel until the bus “jumped the curb.” Brown fell on
top of two other people who had slid from the right side of the bus all the way to the
front.
The trial court found no evidence of any liability on Brown’s part and granted
the City’s motion for involuntary dismissal prior to the conclusion of the jury trial.
Likewise, the jury found Brown free from fault and assessed 100% of the fault to
Johnson.
The City’s “Defensive Driving Tips” recommended a driver hold her right
foot above the brake when approaching an intersection and look left, right, ahead,
8 and left again before entering. Drivers were advised to drive defensively. The City’s
Assistant Transit Manager, Marvin Carmouche, testified, “you know, you can’t think
of all that . . . at the time of . . . an incident or accident. This is something you should
be doing, but it’s not saying that it’s going to actually happen.” The “tips” were just
that, and not City policies or required procedures.
Always wearing seat belts, however, was the City’s policy because they help
drivers stay restrained so they can maintain control of a vehicle in the event of an
accident. Brown was in violation of that policy at the time of the accident.
Brown explained that she could not enter the intersection with her right foot
above the brake pedal because the bus would slow to a stop with another vehicle
behind her. Looking left, right, ahead, and left would not have prevented the crash.
The Hathorn Building to Brown’s right blocked her view of Johnson’s oncoming
pickup. Foisy Street was a one-way thoroughfare only allowing traffic from Brown’s
right. Brown was traveling below the speed limit at the time of the collision.
Brown did not fall from the driver’s seat until the bus went over the curb. She
would have been unable to steer or brake the bus at that point even if she had still
been in her seat. Brown was in the same position in the bus as she would have been
had she been wearing her seat belt until the bus impacted the curb.
Causation is an essential element of a negligence claim. A defendant’s breach
of a duty does not subject her to liability unless that breach caused or contributed to
the resulting harm. Rougeau v. Hosp. Serv. Dist. No. 2 of Beauregard Par., 22-749
(La. App. 3 Cir. 7/26/23), 368 So. 3d 1196, writ denied, 23-1157 (La. 11/15/23), 373
So. 3d 76. Thus, even if Brown did breach her heightened duty of care, that breach
must still have been a cause of the collision. Breach alone does not create harm
without causation.
9 This accident happened because Johnson ran the red light. Martin Marietta
failed to prove that plaintiffs’ injuries would have been less but for Brown’s failure
to exercise a heightened degree of care.
Accordingly, we affirm the verdicts of the trial court and the jury.
AFFIRMED.
10 STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
24-470
consolidated with CA 24-469, CA 24-471, CA 24-472, CA 24-473, CA 24-474, CA 24-475, CA 24-476, and CA 24-477
WINNIE LOTT
ACE AMERICAN INS. CO., ET AL
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 267,265, consolidated with Nos. 267,149; 269,028; 269,040; 269,048; 269,089; 269,293; 269,306; and 269,479 HONORABLE MONIQUE FREEMAN RAULS, DISTRICT JUDGE
CLAYTON DAVIS JUDGE
Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.
AFFIRMED. Donald R. Brown Attorney at Law P. O. Drawer 12478 Alexandria, LA 71315-2478 (318) 487-9976 COUNSEL FOR PLAINTIFF/APPELLEE: Winnie Lott
Edward S. Johnson Attorney at Law 701 Poydras Street, Ste 4700 New Orleans, LA 70139-7701 (504) 528-3001 COUNSEL FOR DEFENDANTS/APPELLANTS: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc.
Charles David Elliott Charles Elliott & Associates 720 Murray Street Alexandria, LA 71301 (318) 704-6511 COUNSEL FOR DEFENDANT/APPELLEE: City of Alexandria DAVIS, Judge.
For the reasons assigned in Martha Brown v. Arkita Johnson, et al., 24-469
(La.App. 3 Cir. 2/21/25), ___ So.3d ___, handed down this day, we affirm the
judgment of the trial court.
2 STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
24-471
consolidated with CA 24-469, CA 24-470, CA 24-472, CA 24-473, CA 24-474, CA 24-475, CA 24-476, and CA 24-477
MARRISON WRIGHT
MARTIN MARIETTA MATERIALS, INC., ET AL.
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 269,028, consolidated with Nos. 267,149; 267,265; 269,040; 269,048; 269,089; 269,293; 269,306; and 269,479 HONORABLE MONIQUE FREEMAN RAULS, DISTRICT JUDGE
Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.
AFFIRMED. Christopher L. Williams Johnson, Yacoubian & Paysse 701 Poydras Street Suite 4700 New Orleans, LA 70139 (504) 528-3001 COUNSEL FOR DEFENDANTS/APPELLANTS: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc.
Charles David Elliott Charles Elliott & Associates 720 Murray Street Alexandria, LA 71301 (318) 704-6511 COUNSEL FOR DEFENDANT/APPELLEE: City of Alexandria Martha Brown
Byron O’Neal O’Neal Law Firm 1847 Sterkx Road Alexandria, LA 71301 (318) 487-8787 COUNSEL FOR PLAINTIFF/APPELLEE: Marrison Wright DAVIS, Judge.
For the reasons assigned in Martha Brown v. Arkita Johnson, et al., 24-469
(La.App. 3 Cir. 2/21/25), ___ So.3d ___, handed down this day, we affirm the
AFFIRMED. STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
24-472
consolidated with CA 24-469 & CA 24-470, CA 24-471, CA 24-473, CA 24- 474, CA 24-475, CA 24-476, and CA 24-477
CHARLES PRICE
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 269,040, consolidated with Nos. 267,149; 269,028; 267,265; 269,048; 269,089; 269,293; 269,306; and 269,479 HONORABLE MONIQUE FREEMAN RAULS, DISTRICT JUDGE
Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.
AFFIRMED. Christopher L. Williams Johnson, Yacoubian & Paysse 701 Poydras Street Suite 4700 New Orleans, LA 70139 (504) 528-3001 COUNSEL FOR DEFENDANTS/APPELLANTS: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc.
Byron O’Neal O’Neal Law Firm 1847 Sterkx Road Alexandria, LA 71301 (318) 487-8787 COUNSEL FOR PLAINTIFF/APPELLEE: Charles Price
Charles David Elliott Charles Elliott & Associates 720 Murray Street Alexandria, LA 71301 (318) 704-6511 COUNSEL FOR DEFENDANTS/APPELLEES: City of Alexandria Martha Brown DAVIS, Judge.
For the reasons assigned in Martha Brown v. Arkita Johnson, et al., 24-469
(La.App. 3 Cir. 2/21/25), ___ So.3d ___, handed down this day, we affirm the
24-473
consolidated with CA 24-469 & CA 24-470, CA 24-471, CA 24-472, CA 24- 474, CA 24-475, CA 24-476, CA 24-477
DERRICK WILSON
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 269,048, consolidated with Nos. 267,149; 267,265; 269,028; 269,040; 269,089; 269,293; 269,306; and 269,479 HONORABLE MONIQUE FREEMAN RAULS, DISTRICT JUDGE
Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.
AFFIRMED. Christopher L. Williams Johnson, Yacoubian & Paysse 701 Poydras Street Suite 4700 New Orleans, LA 70139 (504) 528-3001 COUNSEL FOR DEFENDANTS/APPELLANTS: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc.
Paul J. Tellarico Brian Caubarreaux & Associates 2204 McArthur Drive Alexandria, LA 71303 (318) 442-0900 COUNSEL FOR PLAINTIFF/APPELLEE: Derrick Wilson
Julius Willis Grubbs, Jr. Haik, Minvielle & Grubbs 1017 E. Dale Street New Iberia, La 70562 (337) 365-5486 COUNSEL FOR THIRD PARTY PLAINTIFF/APPELLEE: Christus Health Central Louisiana DAVIS, Judge.
For the reasons assigned in Martha Brown v. Arkita Johnson, et al., 24-469
(La.App. 3 Cir. 2/21/25), ___ So.3d ___, handed down this day, we affirm the
24-474
consolidated with CA 24-469 & CA 24-470, CA 24-471, CA 24-472, CA 24- 473, CA 24-475, CA 24-476, and CA 24-477
CHRISTOPHER SWEARINGTON
ARKITA JOHNSON, ET AL.
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 269,089, consolidated with Nos. 267,149; 267,265; 269,028; 269,040; 269,048; 269,293; 269,306; and 269,479 HONORABLE MONIQUE FREEMAN RAULS, DISTRICT JUDGE
Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.
AFFIRMED. Christopher L. Williams Johnson, Yacoubian & Paysse 701 Poydras Street Suite 4700 New Orleans, LA 70139 (504) 528-3001 COUNSEL FOR DEFENDANTS/APPELLANTS: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc.
Paul J. Tellarico Brian Caubarreaux & Associates 2204 McArthur Drive Alexandria, LA 71301 (318) 442-0900 COUNSEL FOR PLAINTIFF/APPELLEE: Christopher Swearington
Eugene A. Ledet, Jr. Brian Caubarreaux & Assoc. 2000 Kaliste Saloom Rd., #102 Lafayette, LA 70508 (337) 202-0900 COUNSEL FOR PLAINTIFF/APPELLEE: Christopher Swearington DAVIS, Judge.
For the reasons assigned in Martha Brown v. Arkita Johnson, et al., 24-469
(La.App. 3 Cir. 2/21/25), ___ So.3d ___, handed down this day, we affirm the
24-475
consolidated with CA 24-469 & CA 24-470, CA 24-471, CA 24-472, CA 24- 473, CA 24-474, CA 24-476, CA 24-477
CARL HOLLIER
ACE AMERICAN INS. CO., ET AL.
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 269,293, consolidated with Nos. 267,149; 267,265; 269,028; 269,040; 269,048; 269,089; 269,306; and 269,479 HONORABLE MONIQUE FREEMAN RAULS, DISTRICT JUDGE
Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.
AFFIRMED. Christopher L. Williams Johnson, Yacoubian & Paysse 701 Poydras Street Suite 4700 New Orleans, LA 70139 (504) 528-3001 COUNSEL FOR DEFENDANTS/APPELLANTS: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc.
Scott F. Higgins LaBorde Earles P. O. Box 80098 Lafayette, LA 70598 (337) 261-2617 COUNSEL FOR PLAINTIFF/APPELLEE: Carl Hollier
Charles David Elliott Charles Elliott & Associates 720 Murray Street Alexandria, LA 71301 (318) 704-6511 COUNSEL FOR DEFENDANTS/APPELLEES: City of Alexandria Martha Brown DAVIS, Judge.
For the reasons assigned in Martha Brown v. Arkita Johnson, et al., 24-469
(La.App. 3 Cir. 2/21/25), ___ So.3d ___, handed down this day, we affirm the
24-476
consolidated with CA 24-469 & CA 24-470, CA 24-471, CA 24-472, CA 24- 473, CA 24-474, CA 24-475, CA 24-477
SHIRLEY COOPER ODOM, ET AL
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 269,306, consolidated with Nos. 267,149; 267,265; 269,028; 269,040; 269,048; 269,089; 269,293; and 269,479 HONORABLE MONIQUE FREEMAN RAULS, DISTRICT JUDGE
Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.
AFFIRMED. Christopher L. Williams Johnson, Yacoubian & Paysse 701 Poydras Street Suite 4700 New Orleans, LA 70139 (504) 528-3001 COUNSEL FOR DEFENDANTS/APPELLANTS: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc.
Charles David Elliott Charles Elliott & Associates 720 Murray Street Alexandria, LA 71301 (318) 704-6511 COUNSEL FOR DEFENDANTS/APPELLEES: City of Alexandria Martha Brown
Byron O’Neal O’Neal Law Firm 1847 Sterkx Road Alexandria, LA 71301 (318) 487-9750 COUNSEL FOR PLAINTIFFS/APPELLEES: Shirley Cooper Odom, et al DAVIS, Judge.
For the reasons assigned in Martha Brown v. Arkita Johnson, et al., 24-469
(La.App. 3 Cir. 2/21/25), ___ So.3d ___, handed down this day, we affirm the
24-477
consolidated with CA 24-469 & CA 24-470, CA 24-471, CA 24-472, CA 24- 473, CA 24-474, CA 24-475, CA 24-476
PAMELA WILKINSON
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 269,479, consolidated with Nos. 267,149; 267,265; 269,028; 269,040; 269,048; 269,089; 269,293; and 269,306 HONORABLE MONIQUE FREEMAN RAULS, DISTRICT JUDGE
Court composed of Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.
AFFIRMED. Christopher L. Williams Johnson, Yacoubian & Paysse 701 Poydras Street Suite 4700 New Orleans, LA 70139 (504) 528-3001 COUNSEL FOR DEFENDANTS/APPELLANTS: Ace American Ins. Co. Arkita Johnson Martin Marietta Materials, Inc.
Charles David Elliott Charles Elliott & Associates 720 Murray Street Alexandria, LA 71301 (318) 704-6511 COUNSEL FOR DEFENDANTS/APPELLEES: City of Alexandria Martha Brown
Shawn M. Bordelon Laborde Earles Law Firm 100 Versailles Blvd., Suite A Alexandria, LA 71303 (318) 625-6397 COUNSEL FOR PLAINTIFF/APPELLEE: Pamela Wilkinson
Julius Willis Grubbs, Jr. Haik, Minvielle & Grubbs 1017 E. Dale Street New Iberia, La 70562 (337) 365-5486 COUNSEL FOR THIRD PARTY PLAINTIFF/APPELLEE: Christus Health Central Louisiana DAVIS, Judge.
For the reasons assigned in Martha Brown v. Arkita Johnson, et al., 24-469
(La.App. 3 Cir. 2/21/25), ___ So.3d ___, handed down this day, we affirm the