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Allstate Insurance Co. v. Ford Motor Company11/2/2000
on. Ford objected to the introduction of the redhibition theory of recovery. In denying the motion, the trial court stated that it thought Allstate's pleading was broad enough to encompass a claim for redhibition, but regardless, found that Allstate had presented sufficient evidence as to the product liability claim under La.R.S. 9:2800.55.
Without determining whether or not Allstate had stated a claim for redhibition or that it was entitled to assert a claim for redhibition, we find no merit in this assignment of error. The trial court found that Allstate had offered sufficient evidence in support of its product's liability claim so that the directed verdict was unwarranted. Moreover, the trial court eventually found that the truck contained a defective product under the Products Liability Act. Thus, we find that Ford has failed to demonstrate how it was harmed by the trial court's statements concerning the redhibition claim.
Expert Witness Fees
On February 23, 2000, Allstate filed a motion to have Ford assessed with court costs and expert witness fees. A hearing was held at which Allstate submitted an affidavit from a member of the Auto Products Liability Unit of Allstate Insurance Company, along with a copy of an Allstate payment ledger, asserting that Allstate had paid $16,364.59 in expert witness fees. After hearing the arguments presented, the trial court awarded Allstate with $1000.00 in expert witness fees and $831.98 in court costs. Allstate appealed this judgment.
The trial court has great discretion in awarding costs including expert witness fees, which will not be reversed on appeal in the absence of an abuse of discretion. Olsen v. Johnson, 99-783 (La.App. 3 Cir. 11/3/99); 746 So.2d 740. The trial judge is not required to set an expert witness fee at the amount charged by the expert witness. Trahan v. Savage Indus., Inc., 96-1239 (La.App. 3 Cir. 3/5/97); 692 So.2d 490, writ denied, 97-1636 (La. 10/3/97); 701 So.2d 207, writ denied, 97-1652 (La. 10/3/97); 701 So.2d 209.
Allstate alleges in support of its claim for $16,364.59 in expert witness fees that the litigation in this matter was quite protracted and hard fought. Additionally, it asserts that the experts had to come from Tyler, Texas and Lake Charles, Louisiana and that a mere $1000.00 could not possibly cover the costs incurred by it in procuring their presence at trial. However, the trial court in considering the circumstances particular to Allstate in this case found $1000.00 to be a reasonable amount. We conclude that the amount awarded was not an abuse of the trial court's broad discretion. Accordingly, we find this assignment of error meritless.
DECREE
For the foregoing reasons, the judgments of the trial court are affirmed. The costs of this appeal are to be divided equally between the plaintiff, Allstate Insurance Company, and the defendant, Ford Motor Company.
AFFIRMED.
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