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Davis v. Witt11/13/2002
DOUCET, C.J., DISSENTS IN PART. I WOULD REVERSE THE TRIAL COURT'S FINDING THAT THE ST. MARTIN SHERIFF'S OFFICE BREACHED A DUTY OWED TO THE PLAINTIFFS. THEREFORE, I WOULD REVERSE THE JUDGMENT AGAINST THE SHERIFF'S OFFICE. IN ALL OTHER RESPECTS, I AGREE WITH THE MAJORITY OPINION HEREIN.
WOODARD, J., DISSENTS IN PART AND ASSIGNS WRITTEN REASONS.
SULLIVAN, J., DISSENTS FOR THE REASONS ASCRIBED BY CHIEF JUDGE DOUCET.
AFFIRMED IN PART, REVERSED IN PART, AMENDED IN PART AND REMANDED IN PART.
In this bifurcated wrongful death case, plaintiffs, the children of Mary and Clement Davis, the decedents, (Davis Children) appeal the trial court's judgment apportioning the St. Martin Parish Sheriff's Office and the Louisiana State Police with twenty percent fault each for causing the death of Mary and Clement. On the other hand, the Sheriff's Office and State Police appeal the trial court's judgment that they were at fault in any percentage for the deaths of Mary and Clement. The Davis Children answered the defendants' appeal requesting an increase in the wrongful death damages awarded at trial.
We reverse the trial court's grant of the Davis Children's Judgment Notwithstanding the Verdict (JNOV) with respect to the State Police. We conclude that the facts and inferences do not point so strongly and overwhelmingly in favor of the moving party that reasonable persons could not arrive at a contrary verdict. We affirm the trial court's grant of the Davis Children's alternative motion for new trial against the State Police pursuant to La.Code Civ.P. art. 1973. Further, we affirm the twenty percent assessment of fault against the Sheriff's Office. In response to the Davis Children's answer to the appeal for an increase in damages, we amend the trial court ruling regarding the amount of wrongful death damages and increase the damage amount to $200,000 per child for the death of each parent.
I. PROCEDURAL HISTORY
Suit was filed by the Davis Children against Charles Witt, the driver of the eighteen-wheeler truck that collided with Mary and Clement's vehicle; Mr. and Mrs. Richard Ducote who tried to assist Witt in backing his truck from a parking lot into the roadway; the City of Breaux Bridge Police Department; the Sheriff's Office; and the State Police. The suit against the Breaux Bridge Police was dismissed on summary judgment due to lack of evidence of fault. The suit against the Ducotes was dismissed on the morning of trial by a stipulation of the parties that the Ducotes were not at fault. Finally, with respect to Witt, the Davis Children settled their claims against him, his employer and his insurer prior to trial.
A bifurcated trial in this matter was held on September 11, 2000 through September 15, 2000, against the remaining defendants. The claims against the State Police were tried by jury, and the claims against the Sheriff's Office were tried by the judge.
The jury rendered a judgment in favor of both the State Police and the Sheriff's Office finding both free from negligence in causing the accident and that Witt was the sole cause of the accident and deaths of Mary and Clement. The jury awarded wrongful death damages in the amount of $100,000 to each of the surviving ten children of Mary Clement and $100,000 to each of the surviving ten children of Clement Davis, for a total of $2,000,000.00. The jury also awarded damages for funeral and medical expenses.
Finding comparative fault on the part of the Sheriff's Office, the trial judge assessed the Sheriff's Office fault at twenty percent. Further, the trial court dismissed the Davis Children's claims against the State Police. The Davis Childre
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