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Davis v. Fenerty12/14/2004
JUDGMENT AMENDED; AS AMENDED, AFFIRMED
STATEMENT OF THE CASE
On August 27, 1991, Lane Davis ("Davis") was operating a vehicle, owned by Robert Davis, and was stopped in a u-turn lane on Power Boulevard in Metairie, Louisiana. A vehicle being operated by Frederick Smith ("Smith") approached Davis from behind in the left lane of Power Boulevard. A vehicle being driven by Clifford Fenerty ("Fenerty") approached in the right lane of Power Boulevard. Fenerty was intoxicated at the time and he was driving erratically. His vehicle swerved into the left lane and hit Smith's vehicle. Smith's vehicle hit a vehicle driven by Louis Fink ("Fink"), causing Fink's vehicle to collide with Davis' vehicle. Davis then collided with the car in front of him driven by Stewart DeBerry. Lane Davis suffered neck injuries as a result of the accident.
Davis filed suit against Fenerty, State Farm Mutual Insurance Company, as Fenerty's insurer, Smith, and Smith's insurer, Maryland Insurance Company.
Davis later amended his petition to include State Farm Mutual Insurance Company as a defendant, as his own uninsured/underinsured motorist insurance carrier.
A second amending petition was filed adding United Services Automobile Association ("USAA") as a defendant alleging insurance coverage on the plaintiff's vehicle and claiming damages under the uninsured/underinsured motorist coverage. USAA filed a Peremptory Exception claiming that Davis granted a full release to Fenerty and had dismissed him from the lawsuit, therefore, Davis was not entitled to seek exemplary/punitive damages. As a result, USAA argued the insurance policy, issued to Davis, would not provide coverage for the exemplary/punitive damages.
Prior to trial, Davis settled with Fenerty and State Farm, as Fenerty's insurer for $36,636.29. USAA also tendered $10,000.00 to Davis under its uninsured/underinsured motorist coverage. A jury trial was held on May 27, 2003. The jury returned a verdict finding Fenerty's negligence to be a proximate cause of the accident. However, the jury awarded no damages to Davis. The trial judge gave the jury a new verdict form and instructed the jury to re-deliberate. A second verdict was rendered by the jury finding Fenerty's negligence was a proximate cause of Davis' injuries and awarding Davis $5,000.00 for past medical expenses. No general damages or future medical expenses were awarded. The jury further found that Fenerty was intoxicated, but Davis' injuries were not caused by wanton or reckless disregard for the safety of others or by Fenerty's drinking. The jury refused to award exemplary/punitive damages. The trial judge again found that the jury verdict was inconsistent. The jury was again given a new verdict form and sent to deliberate. A third jury verdict was returned. The jury found Fenerty's negligence to be a proximate cause of the accident and awarded Davis $1,000.00 for general damages, $5,000.00 for past medical expenses, and $1,000.00 for future medical expenses. The jury again found that Fenerty was intoxicated, however, the jury found that Davis' injuries were not caused by Fenerty's wanton or reckless disregard for the safety of others or his intoxication. Therefore, no exemplary/punitive damages were awarded.
On June 16, 2003, the trial court made the jury verdict the judgment of the court in favor of Davis and against USAA in the amount of $7,000.00, subject to the credits of $36,636.29 paid by State Farm and $10,000.00 tendered by USAA. The trial court also entered judgment in favor of State Farm as to the claim for exemplary/punitive damages.
Davis then filed a Motion for Judgment Nothwithstanding the Verdict, Additur or Al
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