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Guillot v. Valley Forge Insurance Company12/8/1999
On July 9, 1997, Millard A. Guillot was struck by a pick up truck driven by Clint M. Bishop (hereinafter "Defendant"), while riding his bicycle. Two months later, Guillot died from a pulmonary embolism which stemmed from his inactivity due to the serious injuries he had suffered as a result of the accident.
After a jury trial, Defendant and Guillot were each found to be fifty percent at fault for the accident. Guillot's wife and children were awarded a total of $190,000.00 in damages and Guillot was awarded a total $153,047.00 in general and specific survival damages. We reverse in part and amend in part.
FACTS
In Jeanerette, Louisiana, at the intersection of Georgia and Louisiana Streets, Guillot, who was eighty-two years old at the time, was riding his bicycle in a westerly direction. His bicycle was in the westbound lane as he approached the intersection. Meanwhile, Defendant drove his truck from the north in a southerly direction down Louisiana Street and approached the intersection of Louisiana and Georgia. There he stopped, looked to the left, saw no one, looked to the right, his view was blocked, he crept up, looked to his right again, and saw that it was clear, did not look back to his left, and then proceeded through the intersection where he hit Guillot. Signs were posted by the City of Jeanerette to control the traffic approaching the intersection of Louisiana Street. Defendant testified that he slammed on his brakes and stopped almost immediately, yet he struck Guillot on the right side of his bike, knocking him over.
Guillot was initially taken to Dauterive Hospital, but was transferred to Lafayette General Medical Center (LGMC) due to a suspected subdural hematoma. He was found to have suffered contusions, fractured ribs, a collapsed lung and a fractured tibial plateau of his right leg. After experiencing asystole and bardycardia, he underwent implantation of a cardiac pacemaker on July 15, 1997. On July 17, 1997, he was transferred to an in-house rehabilitation unit and later to a skilled nursing facility at Heritage Manor Nursing Home for rehabilitation. There, Guillot died suddenly of a pulmonary embolism on September 3, 1997.
The widow and major children of Guillot, hereinafter "Plaintiffs," brought a wrongful death and survival action against Defendant and his insurer, Valley Forge Insurance Company. A judgment was signed on February 4, 1999, and Plaintiffs have brought this appeal.
LAW AND ANALYSIS
I. Assignment of Error No. 1:
Plaintiffs argue that the jury manifestly erred in finding Guillot fifty percent at fault for the accident. Apportionment of fault is a question of fact, subject to the manifest error/clearly wrong standard of review. Sims v. State Farm Auto Ins. Co., 30,602 (La.App. 2 Cir. 5/13/98); 714 So.2d 132, writ granted, 98-1613 (La. 10/9/99); 726 So.2d 13; Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993). In reviewing allocation of fault, the Louisiana Supreme Court in Clement v. Frey, 95-1119 (La. 1/16/96); 666 So.2d 607, 610-11, explained, "there is an analogy between excessive or inadequate quantum determinations and excessive or inadequate fault percentage determinations. In both, the trier of fact, unlike the appellate court has had the benefit of witnessing the entire trial and of reviewing first hand all the evidence."
The Clement court concluded, " fter the court of appeal finds a `clearly wrong' apportionment of fault, it should adjust the award, but only to the extent of lowering or raising it to the highest or lowest point respectively which is reasonably within the trial court's discretion." Id. at 611.
Plaintiffs assert that
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