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Dennis v. Finish Line12/22/2000
darily up to 50%," for $624,364.41. The judgment reserved to DOTD "any and all rights of reduction, if any," due to the apportionment of fault to any other tortfeasor or settlement of any other tortfeasor. In a separate judgment rendered the same day, the court found in favor of Ms. Cassisa and against Mr. Givens and DOTD, "solidarily up to 50%," in the amount of $1,901,310.77. This judgment similarly reserved to DOTD whatever rights it might have to reduce its payments due to the apportionment of fault to the plaintiff or other settling tortfeasors.
Apparently the parties were unable to agree on whether DOTD had any right to reduce its payments to Ms. Dennis and Ms. Cassisa as a result of their settlements with The Finish Line. Ms. Dennis and Ms. Cassisa argued that the court may have been legally correct in apportioning fault to The Finish Line, because Louisiana Civil Code article 2323 required the court to determine a percentage of fault for all persons causing or contributing to the injury , regardless of the party's statutory immunity. Nevertheless, they argued that because The Finish Line was statutorily immune from suit by virtue of Louisiana Revised Statute 9:2800.1, DOTD did not have a right to contribution from The Finish Line. Therefore, they contended DOTD should not be able to reduce its payments to Ms. Cassisa and Ms. Dennis by the 15% of fault attributed to the settling party. Because the parties could not agree whether the court's October 12, 1998 judgments allowed DOTD to reduce its payments under these circumstances, Ms. Cassisa and Ms. Dennis filed a motion to clarify the judgment. After considering briefs and arguments on this issue, the trial court clarified its October 12, 1998 judgments, stating in a judgment dated November 17, 1998, that The Finish Line was not an immune party. This clarifying judgment, like the initial one, did not expressly state whether DOTD could therefore reduce its payments to Ms. Cassisa and Ms. Dennis, nor did it indicate the dollar amount of any such reduction.
All parties except Mr. Givens appealed. DOTD appealed only the October 12, 1998 judgments, assigning as error the trial court's apportionment of fault to it, the court's failure to limit the state's liability for general damages to the statutory $500,000 general damage cap imposed in 1985, and the excessive awards to Ms. Cassisa and Ms. Dennis. Ms. Dennis and Ms. Cassisa appealed both the October 12, 1998 judgments and the November 17, 1998 clarifying judgment. They claim the trial court's October 12, 1998 judgments were not definitive, because the judgments did not specify whether DOTD was entitled to a credit for their pre-trial settlements with The Finish Line and did not specify the amount of any such credit. They contend DOTD is not entitled to reduce its judgments by the percentage of fault assessed to The Finish Line. They also assert that the court was incorrect in concluding The Finish Line was not immune from liability and in its apportionment of fault among the parties. Specifically, they urge that the court erred in assigning any fault to The Finish Line and should have assigned more fault to DOTD than to Mr. Givens.
APPORTIONMENT OF FAULT
All appellants have assigned as error the trial court's apportionment of fault among the parties. A determination of the allocation of fault by the trier of fact is a factual finding and cannot be overturned in the absence of manifest error. Barsavage v. State, through Dep't of Transp. and Dev., 96-0688 (La. App. 1st Cir. 12/20/96), 686 So.2d 957, 962, writs denied , 97-0595, 97-0634 (La. 4/18/97), 692 So.2d 455 and 456. DOTD contends the trial court should not have assigned any fault to it. Ms. Dennis and Ms. Cassis
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