Hill v. Coregis Insurance Co.9/21/2005
Before BROWN, WILLIAMS and MOORE, JJ.
Farmers' Insurance Exchange appeals a judgment totaling $100,000 in favor of plaintiffs who avoided a jury trial by limiting their cause of action to $50,000. For the reasons expressed, we reverse and remand the case for trial by jury.
Procedural Background
On a late afternoon in November 2001, Melissa Lynch was driving her 1997 Mitsubishi Galant on the south traffic circle (U.S. Hwy. 71) in Alexandria, Louisiana. The plaintiff, Angela Hill, was her guest passenger. Ms. Lynch attempted to change lanes but misjudged the traffic; the Galant was struck by a Ford Explorer driven by Chad Williams. Ms. Hill allegedly injured her neck and back in the collision.
Ms. Hill filed the instant suit in Caldwell Parish against her host driver, Ms. Lynch, and Ms. Lynch's liability insurer, Farmers' Insurance Exchange (hereinafter, "Farmers"); against Williams and his liability insurer, Imperial Fire and Casualty; and against her own UM carrier, State Farm. She alleged "physical pain, suffering, disability, mental anguish and medical expenses," and specifically, "Angela Hill has incurred medical expenses, including doctors and pharmacy bills, which she is entitled to be reimbursed." Her husband was named plaintiff, seeking loss of consortium. The petition concluded, "Plaintiff's claim will not exceed the sum of $50,000."
Farmers filed a motion for jury trial. The Hills responded with a motion to strike, asserting, "Plaintiff's original petition alleges that each of Plaintiff's claims will not exceed the sum of $50,000," so the matter proceeded as a bench trial. Farmers also showed that its policy covering Ms. Lynch had limits of $50,000 per person and $100,000 per accident. State Farm filed a cross claim against the other insurers for reimbursement of $5,000 medical payments coverage disbursed directly to the Hills.
After trial on October 1, 2004, the district court rendered written reasons for judgment, finding first that Williams was not at fault, only Ms. Lynch; this finding has not been appealed. The court next found that Ms. Hill suffered general damages of $50,000, and proved past and future medical expenses of $40,146.86 and $10,000 respectively; also, Mr. Hill was awarded $4,000 for loss of consortium. The court then found that Mr. and Ms. Hill were "individual petitioners," so each was entitled to recover up to $50,000 in damages. The court further declared that although the petition alleged that only Ms. Hill incurred medical expenses, "it is obviously the law, and obviously true that Angela Hill and William D. Hill incurred medical expenses. It is a community obligation." The court noted that Mr. Hill's damages must be limited to $50,000.
The court rendered judgment (1) in favor of Ms. Hill, against Farmers, for her general damages of $50,000; (2) in favor of Mr. Hill, also against Farmers, for $45,000; and (3) in favor of State Farm, also against Farmers, on its medical payment reimbursement of $5,000.
Farmers has appealed suspensively, raising three assignments of error, seeking to remand the case for a jury trial or, in the alternative, to reduce the judgment to $50,000. State Farm has filed a reply brief, aligning itself with Farmers' two assignments of error regarding the denial of a jury trial and the finding of a community debt, but with the Hills on the third assignment, regarding Farmers' policy limits. The Hills urge affirmance.
Discussion: Denial of Jury Trial
By its first assignment, Farmers urges the court erred in allowing Mr. Hill to expand the pleadings and thereby circumvent the defendants' right to a jury trial. Farmers contends
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