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Brunet v. Avondale Industries12/5/2000
rticular case the statement is trustworthy, and the proponent of the evidence has adduced or made a reasonable effort to adduce all other admissible evidence to establish the fact to which the proffered statement relates and the proponent of the statement makes known in writing to the adverse party and the court his intention to offer the statement and the particulars of it ..."
The former testimony exception to the hearsay rule does not apply in this particular case. Brunet and the product manufacturers against whom the testimonies were used do not have similar interests. Because of this discrepancy, Avondale's reliance on LSA-C.E. art. 804(B)(1) is unfounded.
The hearsay exception enumerated in LSA-C.E. art. 804(B)(6) also does not apply in this case. While the exception is very broad and leaves much discretion to the trial judge, it is my opinion that the deposition testimonies should not have been allowed into evidence because Avondale's cross claims against the product manufacturers were not at issue in this trial.
The admission of these deposition testimonies prejudiced Brunet's case and should not have been allowed into evidence at this trial. Neither Brunet nor his counsel were present at these depositions and the information contained within these depositions do not pertain to either Avondale's liability or any fault on the part of Brunet. The depositions were admitted for the purpose of proving that the product manufacturers were at fault and liable in the cross claim to Avondale. Since the cross claim is not a part of this suit, the deposition testimonies were prejudicial and irrelevant and the trial court's admission of such was erroneous.
Assignments of error four and five will be addressed jointly. In the fourth assignment of error, Brunet alleges that the trial court erred by including the names of persons with which he had not previously settled and against which he would have no cause of action under Louisiana law. In the alternative, in his fifth assignment of error Brunet alleges that the trial court erred by not providing the jury with an interrogatory regarding the parties alluded to in assignment of error four substantially similar to Jury Interrogatory No. 5. The persons referred to in these assignments of error include Edmond Torbonne, Willis Hazard, U.E. Bowes, Edward C. Ames, Harold Boeschenstein, Dr. John Konzen, Richard F. Shannon, John Thomas, Garlock, Johns Manville and Owens Illinois .
Under LSA-C.C.P. art. 1812, the trial court has wide discretion both in determining whether to use special interrogatories and in framing the questions to be posed. Absent some abuse of that discretion, the appellate courts will not set aside such determinations.
LSA-C.C.P. art. 1812 allows for the jury to determine the apportionment of fault of both parties and nonparties to the suit. The article states in pertinent part:
"C. In cases to recover damages for injury , death or loss, the court at the request of any party shall submit to the jury special written questions inquiring as to:
(2)(a)If appropriate under the facts adduced at trial, whether another party or nonparty, other than the person suffering injury , death or loss, was at fault, and, if so:
(i) Whether such fault was a legal cause of the damages, and if so:
(ii) The degree of such fault, expressed in percentage.
(b) For purposes of this Paragraph, nonparty means a person alleged by any party to be at fault, including but not limited to:
(i) A person who has obtained a release from liability from the person suffering the injury , death or loss. . ."
A special verdict
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