Stokes v. Stewart12/22/2000
Gonzales, J. dissents in part and assigns reasons.
In this personal injury suit, appellants, Tommy Perkins, Jr. and Safeway Insurance Company (Safeway), appeal the trial court's judgment in favor of appellees, Richard L. Stokes and Genia C. Stokes. We affirm in part, reverse in part, and render.
FACTS AND PROCEDURAL HISTORY
On the morning of April 9, 1995, Mr. Stokes' dump truck was struck head-on by a 1985 Cadillac Deville which left its lane of travel, crossed two traffic lanes and a turning lane, and entered the lane in which Mr. Stokes was driving. The Cadillac was driven by Darrell Stewart and was owned by Mr. Perkins. Mr. Stewart was killed in the collision. Urine samples taken from Mr. Stewart by the coroner were later tested and cocaine was detected in the urine. Additionally, analysis of blood samples taken from Mr. Stewart revealed that he had a blood "ethyl alcohol level of .10 grams percent."
On July 26, 1995, appellees filed suit, naming as defendants the estate of Mr. Stewart; Mr. Perkins; Safeway, Mr. Perkins' insurer; Sphere Drake Insurance and UnionAmerica Insurance Company (collectively, "property insurance carriers"), Mr. Stokes' property damage insurers, and Credit General Insurance Company (Credit General), Mr. Stokes' uninsured/underinsured motorist carrier. A bench trial was held September 9-10, 1996. A judgment was rendered in favor of appellees on November 4, 1996. Notice of the judgment was mailed November 18, 1996.
Motions for new trial were filed by appellees and Credit General on November 20, 1996. Likewise, Safeway filed a motion for new trial on November 25, 1996. Additionally, Safeway and Mr. Perkins filed an oral motion to recuse Judge M. Douglas Hughes from the case. The motions were heard on February 24, 1997, and an order granting the motions for new trial and recusal was issued at the hearing and signed on March 18, 1997.
The case was re-allotted to Judge Robert H. Morrison. A new trial was held on April 2, 1998. All the evidence from the original trial was reintroduced at the new trial. In addition, new testimony of Sergeant Darrell Arceneaux, the investigating officer, and Mr. Stokes was taken.
A judgment in favor of appellees and against Credit General and appellants was rendered on July 21, 1998, and signed October 27, 1998. Pursuant to this judgment, Mr. Stokes was awarded $10,000.00 in general damages, $10,757.78 for property damage, $600.00 for towing expenses, and $10,000.00 for loss of income, subject to a credit of $10,000.00 in favor of Safeway for the amount previously paid to Mr. Stokes by Safeway. Mr. Stokes was also awarded $25,000.00 in punitive damages, and Mrs. Stokes was awarded $2,500.00 for loss of consortium.
ASSIGNMENTS OF ERROR
Mr. Perkins and Safeway now appeal from this judgment and assert the following assignments of error:
I. The Honorable Trial Court erred in concluding that Tommy Perkins, Jr. was vicariously liable for damages emanating from the negligent acts of Darrell Stewart, both from a compensatory, as well as a punitive standpoint.
II. The Honorable Trial Court erred in awarding plaintiff, Richard Stokes, $10,000 in general damages and plaintiff, Genia C. Stokes, $2,500 for loss of consortium.
III. The Honorable Trial Court erred in awarding plaintiff, Richard Stokes, $10,000 in lost income.
IV. The Honorable Trial Court erred in concluding that plaintiffs were entitled to an award of punitive damages in the amount of $25,000.
Liability
At trial, Sergeant Darrell Arceneaux, the officer that investigated the accident, testified that
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