Youngblood v. Lee

914 So. 2d 1186, 2005 WL 2864230
CourtLouisiana Court of Appeal
DecidedNovember 2, 2005
Docket40,314-CA
StatusPublished
Cited by7 cases

This text of 914 So. 2d 1186 (Youngblood v. Lee) 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
Youngblood v. Lee, 914 So. 2d 1186, 2005 WL 2864230 (La. Ct. App. 2005).

Opinion

914 So.2d 1186 (2005)

Cheryl YOUNGBLOOD, et al., Plaintiffs-Appellees
v.
Arnold Wayne LEE, Desoto Parish Sheriff's Department & Clarendon National Ins. Co., Defendants-Appellants.

No. 40,314-CA.

Court of Appeal of Louisiana, Second Circuit.

November 2, 2005.
Rehearing Denied December 8, 2005.

*1188 Cheryl Youngblood, Pro Se.

Lee H. Ayres, Shreveport, for Appellant.

Before WILLIAMS, CARAWAY and LOLLEY, JJ.

*1187 LOLLEY, J.

This personal injury action arises from the Eleventh Judicial District Court, Parish of DeSoto, State of Louisiana. Rodney Arbuckle, in his official capacity as Sheriff of DeSoto Parish, Deputy Arnold Wayne Lee, and Clarendon National Insurance Company ("appellants") appeal a judgment in favor of Cheryl and Kenneth Youngblood and their minor child, Alex Youngblood. For the reasons assigned, the judgment is affirmed.

FACTS

In July of 2002, Cheryl Youngblood and her son, Alex, were involved in a motor vehicle accident with Sergeant Arnold Lee, a supervisor with the DeSoto Parish Sheriff's Department.[1] At the time of the accident, Cheryl and Alex were in route to a local store. She was traveling southbound on Louisiana Highway 3103 ("Kings Hwy."), which intersects with Hwy. 84, and was proceeding into the intersection after having stopped at a stop sign. Sgt. Lee was traveling on Highway 84, responding to an emergency call involving a 16-year-old trapped in a burning vehicle. He was traveling westbound on Hwy. 84 at a high rate of speed when he collided into Cheryl's vehicle. The evidence depicts the Kings Hwy. intersection to be located just past an elevation and at a curve in Hwy. 84.

Following the accident, Cheryl and Alex were taken to the hospital for treatment in the emergency room. They were both released shortly thereafter. Cheryl sustained non life-threatening injuries, including a broken collarbone, an injury to her arm, and some trauma to her head. She contends to continue having migraine headaches. Alex received a laceration to his head requiring stitches.

Subsequently, the Youngbloods filed suit. In June 2004, the trial court allowed the Youngbloods' attorney to withdraw and gave them ten days to obtain new counsel. The matter was set for trial on December 13, 2004. On the day of trial, the Youngbloods made a motion for continuance to obtain counsel, which motion was declined. The trial of the matter commenced as scheduled with the Youngbloods proceeding pro se. After the trial, judgment was rendered in favor of the Youngbloods for a total damage award of $76,507.09, broken down as follows: past medical expenses for Cheryl of $5,337.35; general damages for Cheryl of $40,000.00; past medical expenses for Alex of $5,169.74; general damages for Alex of $10,000.00; property damage for Kenneth and Cheryl of $15,000.00; and, loss of consortium for Kenneth of $1,000.00. This appeal by Sheriff Arbuckle, Sgt. Lee, and Clarendon ensued.

DISCUSSION

Exclusion of expert witness

On appeal, the appellants argue that the trial court committed reversible error by excluding its expert witness from testifying at trial. Considering the particular facts of this case and for the following *1189 reasons, we see no abuse of discretion by the trial court.

As already noted herein, although the Youngbloods had initially been represented by counsel in this litigation, at some point during the course of litigation their attorney withdrew. The trial of the matter went forward after the Youngbloods' motion to continue was opposed by the appellants and ultimately denied by the trial court. On the morning of the trial, counsel for the appellants apparently supplied Kenneth with copies of documentation prepared by the appellants' expert in the field of accident reconstruction, Richard Robertson. Appellants contend that they had responded to discovery requests and informed the Youngbloods that they had retained an expert that might be called at trial, although this is not reflected in the record. It is unclear whether appellants disclosed the specific name of their expert or just the retention of an expert. It does not appear disputed, however, that the appellants did not provide the Youngbloods, previous to the morning of the trial, with any documentation prepared by Robertson. Based on those circumstances, the trial court determined that Robertson would not be allowed to testify at the trial. His testimony, as well as the exhibits in connection with his testimony, were proffered by the defense.

Notably, La. C.C.P. art. 1428(1) provides:

A party is under a duty seasonably to supplement his [discovery] response with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters, and the identity of each person expected to be called as an expert witness at trial, the subject matter on which he is expected to testify, and the substance of his testimony.

When the Youngbloods filed suit, they also propounded discovery requests against the defendants, one of which inquired as to the name(s) of experts that might be called at trial, as well as "all testing, examinations, evaluations, and the results of said testing, examinations and evaluations...." performed by said expert(s) to be called at trial. Appellants contend now, as they did at trial, that they had disclosed the identity of their expert previously to the Youngbloods, who had every opportunity to depose Robertson. Whereas we do not question the veracity of those assertions, the record does not reflect that fact, because those discovery responses are not part of the record. As stated, it appears undisputed that the appellants did not supply the Youngbloods with copies of the expert documents until the morning of the trial — December 13, 2004.

Our review of the proffered expert documents show that those actually prepared by Robertson (i.e. defense exhibits numbered 3 and 5) and having a substantive nature are dated November 17, 2004 — almost a full month prior to the trial of this case. We appreciate that there is no requirement that the rules of law and procedure be relaxed or suspended for pro se litigants. Nor should the rules be applied more quickly or severely to a pro se litigant than to an attorney. However, when dealing with a pro se litigant, it is incumbent upon the members of the bar to well represent their profession and behave with the utmost professionalism so as to avoid any appearance of attempting an unfair advantage over their pro se adversary. Considering the duty to supplement discovery responses imposed under La. C.C.P. art. 1428, which the appellants failed to adhere to without any good reason, combined with the facts that the Youngbloods were proceeding pro se and *1190 the appellants were zealous to proceed with the trial, we do not believe the trial court abused its discretion in refusing to allow Robertson to testify.

Moreover, the trial judge has great discretion in the manner in which proceedings are conducted before the trial court, and it is only upon a showing of gross abuse of discretion that appellate courts have intervened. Cooper v. Lacorte, XXXX-XXXX (La.App. 4th Cir.05/17/00), 775 So.2d 4, amended on other grounds, XXXX-XXXX (La.App. 4th Cir.01/31/01), 775 So.2d 704, citing, La. C.C.P. art. 1631 and Harris v. West Carroll Parish School Bd., 605 So.2d 610 (La. App. 2d Cir.1992), writ denied, 609 So.2d 255 (La.1992).

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

Related

In re Houston
253 So. 3d 836 (Louisiana Court of Appeal, 2018)
Teague v. Teague
999 So. 2d 86 (Louisiana Court of Appeal, 2008)
Rabalais v. Nash
952 So. 2d 653 (Supreme Court of Louisiana, 2007)
FOX ELEC., LLC v. Moghimi
939 So. 2d 604 (Louisiana Court of Appeal, 2006)
Fox Electric, L.L.C. v. Moghimi
939 So. 2d 604 (Louisiana Court of Appeal, 2006)
Holford v. Allstate Ins. Co.
935 So. 2d 758 (Louisiana Court of Appeal, 2006)
Bickham v. Bickham
58 So. 3d 950 (Louisiana Court of Appeal, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
914 So. 2d 1186, 2005 WL 2864230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youngblood-v-lee-lactapp-2005.