Wood v. Spillers

843 So. 2d 555, 2003 WL 1825644
CourtLouisiana Court of Appeal
DecidedApril 9, 2003
Docket37,087-CA, 37,088-CA
StatusPublished
Cited by5 cases

This text of 843 So. 2d 555 (Wood v. Spillers) 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
Wood v. Spillers, 843 So. 2d 555, 2003 WL 1825644 (La. Ct. App. 2003).

Opinion

843 So.2d 555 (2003)

Albert P. WOOD, Jr. and Lucy Wood, Plaintiffs-Appellees,
v.
Lamar SPILLERS, et al, Defendants-Appellants.
Albert P. Wood, Jr. and Lucy Wood, Plaintiffs-Appellees,
v.
Centurytel, Inc., et al, Defendants-Appellants.

Nos. 37,087-CA, 37,088-CA.

Court of Appeal of Louisiana, Second Circuit.

April 9, 2003.
Rehearing Denied May 8, 2003.

*556 The Boles Law Firm, by Michael L. DuBos, P. Herman Wessels, for Defendants-Appellants, CenturyTel, Inc. and American Motorists Ins. Co.

Johnson, Stiltner & Rahman, by Patricia J. Delpit, for Intervenor-Appellee, La. Workers' Compensation Corp.

Dollar Laird, by Johnny E. Dollar, for Plaintiffs-Appellees, Albert P. Wood, Jr. and Lucy Wood.

Nelson, Zentner, Sartor & Snellings, by David H. Nelson, for Defendants-Appellees, Lamar Spillers and Steve Sowers.

Before STEWART, PEATROSS and DREW, JJ.

STEWART, J.

CenturyTel of Northwest Louisiana, Inc., ("CenturyTel"), the defendant herein, appeals a jury verdict awarding damages to the plaintiff, Albert P. Wood, Jr., for injuries he sustained when a telephone cable dropped onto the vehicle he was driving. In two assignments of error, CenturyTel asserts that the jury verdict should be reversed because the evidence does not support a finding that it was negligent, and in the alternative, that an award for future medical expenses should be reversed because there is no evidence to support this award. Because we find the jury's finding of negligence to be manifestly erroneous, we hereby reverse the judgment against CenturyTel.

*557 FACTS

On May 18, 1999, Albert P. Wood, Jr., was driving a tractor/trailer rig with an attached flatbed trailer in an easterly direction along I-20 in Lincoln Parish. As Wood proceeded from under the Choudrant overpass, the front of his vehicle was struck by a telephone cable which suddenly dropped to a height of six feet. The impact caused Wood to lose control of his vehicle and veer off the road into a line of trees. He was trapped in his vehicle and had to be removed by rescue workers. He sustained injuries to his left hand and arm. Earlier that morning, Wood passed the same area without incident, and just prior to the accident, he observed an 18-wheeler ahead of him clear the area without encountering any obstruction.

The cable which struck Wood's vehicle was part of a system that had been constructed in 1987 to provide telephone and internet dial-up services to the Choudrant area. An engineering firm designed and supervised the construction, then the Rural Electric Association, a federal agency now known as the Rural Utility Services, inspected the system before it was put into service by CenturyTel. The cable weighed approximately 996 pounds and spanned 332 feet across I-20. It was supported by a north pole measuring 8 inches in diameter and a south pole measuring 10 inches in diameter. Each pole was driven 8 feet into the ground. In addition, each pole was anchored by a guy wire connected to the top of the pole by a "through bolt" and secured to the ground by a buried anchor rod assembly. The supporting guy wire was positioned at a 45 degree angle to the pole. The anchor rod assembly consisted to two 10 foot sections of pipe joined at a threaded collar and screwed into the ground. Guy Middleton, CenturyTel's area supervisor, testified that a failure occurred at the coupling of the two segments of pipe underground. The top segment was pulled out from underground, the through bolt connecting the guy wire to the north pole ripped straight out the top of the pole, and the top half of the south pole split and fell to the ground.

Alleging theories of negligence and strict liability, Wood filed suit against CenturyTel.[1] The negligence theory was based on CenturyTel's failure to properly inspect, maintain, or repair its telephone cable lines.

Wood also filed suit against Lamar Spillers and Steve Sowers. Spillers owned property north of I-20 near where the north pole and guy wire assembly were located. On the morning of the accident, Spillers and Sowers, who worked for Spillers, had been bushhogging the area around the north pole and guy wire assembly. Wood alleged that either Spillers or Sowers struck the guy wire assembly or pole while bushhogging. Both denied doing so at trial. Spillers also testified that the area around the north pole and anchor rod assembly was sometimes wet and that the pole had a slight lean, which he surmised was due to its location and the fact that it "had a load on it." However, Spillers had not observed any change in the pole's lean over the years.

The jury determined that neither Spillers nor Sowers was negligent and rejected Wood's claims against them. The jury also rejected the theory of strict liability against CenturyTel upon finding no defective or unreasonably dangerous condition in CenturyTel's installations. However, the jury found CenturyTel to have been *558 negligent, assessed all the fault against it, and awarded damages totaling $150,633.

CenturyTel filed a motion for judgment notwithstanding the verdict seeking to overturn the jury verdict in toto, or in the alternative, that portion awarding future medical expenses. The trial court denied the motion. On appeal, CenturyTel assigns as error the jury's finding of negligence and the award of future medical expenses.

DISCUSSION

A jury's factual findings may not be set aside on appeal unless such findings are manifestly erroneous or clearly wrong. Stobart v. State Through DOTD, 617 So.2d 880 (La.1993); White v. Wal-Mart Stores, Inc., 32,621 (La.App.2d Cir.3/3/00), 753 So.2d 995, writ denied, XXXX-XXXX La.6/23/00), 765 So.2d 1041. To reverse the jury's factual findings, an appellate court must view the record in its entirety and find that the record establishes that no reasonable factual basis exists for the jury's findings and that such findings are manifestly erroneous or clearly wrong. Stobart, supra. The issue to be resolved is not whether the trier of fact was right or wrong, but whether its conclusion was reasonable. Id. Where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Id.

Our law provides that every act of man that causes damage to another obliges him by whose fault it happened to repair it. La. C.C. art. 2315. This obligation encompasses acts of negligence. La. C.C. art. 2316. Whether a defendant is liable for negligent conduct is analyzed by application of the duty/risk analysis. Harris v. Godwin, 28,245 (La.App.2d Cir.4/8/96), 671 So.2d 1278. The duty/risk analysis consists of the following four inquiries:

1. Whether the defendant had a duty to conform his conduct to a specific standard.
2. Whether the defendant breached this duty because he failed to conform his conduct to the appropriate standard.
3. Whether the defendant's substandard conduct was a cause-in-fact of the plaintiff's injuries.
4. Whether the defendant's substandard conduct was a legal cause of the plaintiff's injuries.

Mathieu v. Imperial Toy Corp., 94-0952 (La.11/30/94), 646 So.2d 318; Colgate v. Mughal Brothers, Inc., 36,754 (La.App.2d Cir.1/29/03), 836 So.2d 1229; Harris v. Godwin, supra. All four inquiries must be answered in the affirmative for the defendant to be found negligent and determined liable for the plaintiff's damages. Colgate v. Mughal Brothers, Inc., supra;

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Bluebook (online)
843 So. 2d 555, 2003 WL 1825644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-spillers-lactapp-2003.