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Morris v. United Services Automobile2/18/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
BROWN, J., concurs with written reasons.
HUDSON, POTTS & BERNSTEIN BY: Jay P. Adams, JJ.
Judgment rendered February 18, 2000.
Following a motor vehicle accident wherein she suffered personal injuries, Cathy Morris brought a negligence suit (No. 32,528-CA) against John Rivoire, driver of the vehicle which struck her. Rivoire subsequently filed a separate suit (No. 32,529-CA) against the dealer which sold him the vehicle, alleging that the cause of the accident was the failure of his vehicle's antilock brake system. After those two suits were consolidated by the court, Rivoire joined GM, the vehicle's manufacturer, as a third-party defendant based upon the theories of products liability and failure to warn. In a third suit which was ultimately consolidated with the other two (No. 32,530-CA), GMAC sued Rivoire to recover the amount due on the vehicle financing agreement. In response, Rivoire filed a reconventional demand in redhibition, seeking rescission of the sale. After a bifurcated trial where the jury attributed 100% fault to Rivoire and rendered verdicts in favor of GM on the products liability claim, the district court rendered judgment in favor of GMAC, and dismissed Rivoire's redhibition claim. Morris appeals the amount of her award for general damages, as well as the lack of future medical expenses. Rivoire appeals each of the judgments against him in Nos. 32,529 and 32,530-CA. Because the issues are factually interrelated, we have recounted the facts common to all three cases in the instant opinion. For the reasons expressed below, we affirm No. 32,528-CA. Separate judgments are rendered in No. 32,529-CA and No. 32,530-CA. Facts
On March 10, 1995, during heavy lunchtime traffic, John Rivoire was traveling northbound on U.S. Highwway 165 in Monroe, Louisiana in his 1994 GMC Suburban behind Cathy Morris in her 1991 GMC Jimmy. When traffic conditions required Morris to slow and stop at the intersection of Highway 165 and Claiborne, Rivoire's Suburban collided with the rear end of Morris' Jimmy. The vehicles suffered minor damage. At the time of the accident, as well as throughout this litigation, Rivoire claimed that the accident was caused by brake failure.
At trial, Rivoire testified that he had stopped at a red light near the intersection where the accident occurred. The light changed, and all the cars moved forward, but because a car ahead of him could not make a left turn due to traffic, the cars in Rivoire's lane began to apply their brakes. He testified that he was traveling approximately 20 m.p.h. and as he applied his brakes, he heard a "groaning" sound emanating from the vehicle. According to Rivoire, the vehicle immediately quit decelerating and his brake pedal went all the way to the floor. When he removed his foot and reapplied pressure to the brake pedal, it still failed to respond. He then attempted to down-shift his transmission to stop the vehicle, but he struck Morris nevertheless. Morris testified that Rivoire's vehicle appeared to be rolling forward at a constant rate of speed, and she saw no evidence of deceleration prior to the collision. The investigating police officer did not issue a citation to Rivoire, attributing the accident to brake failure.
Rivoire also testified that prior to the accident, he had a similar experience while driving the vehicle in February, 1995. He testified that he heard the same "groaning" noise from his vehicle immediately preceding a similar brake failure while crossing railroad tracks at approximately 25 m.p.h. Following that incident, he took the vehicle to Cooper Buick GMC,
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