Breaux v. Goodyear Tire & Rubber Co.

• Decision Date: 12 May 2021
• Docket Number: NO. 2020-CA-0477,2020-CA-0477
• Parties: Irene Marie BREAUX, Individually, and on Behalf of Her Minor Children, Tabitha Caroline Breaux and Elwood James Breaux, III, Candace Mary Breaux, Brandon Breaux, Ericka Breaux and Jamie Breaux v. The GOODYEAR TIRE & RUBBER COMPANY, John Doe, and Nathan C.
• Court: Court of Appeal of Louisiana — District of US

320 So.3d 1197

Irene Marie BREAUX, Individually, and on Behalf of Her Minor Children, Tabitha Caroline Breaux and Elwood James Breaux, III, Candace Mary Breaux, Brandon Breaux, Ericka Breaux and Jamie Breaux
v.
The GOODYEAR TIRE & RUBBER COMPANY, John Doe, and Nathan C.

NO. 2020-CA-0477

Court of Appeal of Louisiana, Fourth Circuit.

MAY 12, 2021

S. DANIEL MEEKS, KRISTEN E. MEEKS, MEEKS & ASSOCIATES, LLC, 3401 West Esplanade Avenue South, Suite 3, Metairie, Louisiana 70002, -and- BRUCE R. KASTER, SKIP L. LYNCH, KASTER, LYNCH, FARRAR & BALL, LLP, 125 N.E. First Avenue, Suite 3, Ocala, Florida 344070, COUNSEL FOR PLAINTIFFS/APPELLEES

MARTIN A. STERN, SARA C. VALENTINE, ALEXANDRA ROSELLI LAMB, ADAMS & REESE, LLP, 701 Poydras Avenue, Suite 4500, New Orleans, Louisiana 70139, -and- CHARLES L. CHASSAIGNAC, IV, EMILY MORRISON, PORTEOUS, HAINKEL & JOHNSON, LLP, 343 Third Street, Suite 202, Baton Rouge, Louisiana 70801, -and- DAVID R. TIPPETS (pro hac vice), THAD K. JENKS (pro hac vice), WEINSTEIN TIPPETS & LITTLE, LLP, 7500 San Filpe Street, Suite 500, Houston, Texas 77063, COUNSEL FOR DEFENDANT/APPELLANT

JAMES D. HOLLIER, JASON T. REED, 1001 W. Pinhook Road, Suite 200, Lafayette, Louisiana 70503, COUNSEL FOR THE PLAQUEMINES PARISH GOVERNMENT/INTERVENOR

(Court composed of Chief Judge James F. McKay III, Judge Daniel L. Dysart, Judge Dale N. Atkins )

JAMES F. McKAY III, CHIEF JUDGE

320 So.3d 1201

On February 5, 2014, Elwood Breaux, Jr., an employee of the Plaquemines Parish Government (PPG), who worked as an automated garbage truck driver at Solid Waste North, sustained fatal injuries during the course and scope of his employment when he and a co-worker were putting air into a Goodyear G182 RSD tire when a zipper rupture¹ caused the tire to explode.

Mr. Breaux's surviving spouse, Irene Marie Breaux, individually and on behalf of her minor children, Tabitha Caroline Breaux and Elwood James Breaux, III, Candace Mary Breaux, Brandon Breaux, Ericka Breaux, and James Breaux filed a wrongful death/survival action against the Goodyear Tire and Rubber Company, as the manufacturer of the tire, pursuant to the Louisiana Products Liability Act (LPLA). The Breauxs alleged design defect, manufacturing defect, and failure to warn the PPG of zipper ruptures. Pursuant to La. C.C. art. 2320, et seq. , their claim was also based on the negligence and fault of Luther Harris and Nathan Carter, who were employed at the Goodyear Auto Service Center in Gretna, Louisiana and who delivered the tire to Solid Waste North. The PPG intervened, seeking reimbursement out of the proceeds from any judgment rendered or settlement entered into in favor of the Breauxs, plus any applicable statutory credit, in accordance with the provisions of La. R.S. 23:1102, et seq.

A bench trial took place from January 14, 2019 through January 25, 2019. At trial, the Breauxs presented the testimony of: David Southwell, a tire analyst who provided his analysis and opinions on their manufacturing defect claim; Lila Laux, Ph.D., an expert in warnings and human factors, who provided her analysis and opinions on their failure to warn claim; and Dennis Boudreaux, Ph.D., an expert economist. Goodyear retained three experts to dispute the claims asserted by the plaintiffs. John Glennon testified on the standards of care regarding maintenance of tires. James Nespo, a retired Goodyear employee, testified

320 So.3d 1202

as a tire expert, and Robert Zimek provided opinions on the PPG's work standards. Goodyear also called two rebuttal experts. Kevin Legge, who was also offered as Goodyear's corporate representative, was called to rebut the opinions of Mr. Southwall and Nathan Dorris, Ph.D., was called to rebut the opinions of Dr. Laux.

At the end of trial, the trial court took the matter under advisement and ultimately returned a verdict finding Goodyear liable for causing the fatal accident. The trial court also found that the PPG was not liable for the death of Mr. Breaux and it awarded the PPG the entirety of its lien.²

The trial court made the following awards: $1,533,935.93 to Elwood James Breaux, Jr. ($400,000.00 for conscious mental and physical pain and suffering prior to death, $357,065.84 for past medical expense, $2,268.10 for temporary total disability benefits, $121,71.28 for fatality and funeral benefits, and $652,860.71 for lost wages); $1,500,000.00 to Irene Breaux ($500,000.00 for loss of love and affection, and $1,000,000.00 for past and future mental anguish, grief, and anxiety); $300,000.00 to Ericka Breaux ($150,000.00 for loss of love and affection, and $150,000.00 for past and future mental anguish, grief and anxiety); $300,000.00 to James Breaux ($150,000.00 for loss of love and affection, and $150,000.00 for past and future mental anguish, grief, and anxiety); $750,000.00 to Candace Breaux ($150,000.00 for loss of love and affection, $150,000.00 for guidance and nurture, and $450,000.00 for past and future mental anguish, grief, and anxiety); $750,000.00 to Brandon Breaux ($150,000.00 for loss of love and affection, $150,000.00 for loss of guidance and nurture, and $450,000.00 for past and future mental anguish, grief, and anxiety); $800,000.00 to E.J. Breaux ($200,000.00 for loss of love and affection, $200,000.00 for loss of guidance and nurture, and $400,000.00 for past and future mental anguish, grief, and anxiety); and $800,000.00 to Tabitha Breaux ($200,000 for loss of love and affection, $200,000.00 for loss of guidance and nurture, and $400,000.00 for past and future mental anguish, grief, and anxiety). This amounted to a grand total of $6,733,935.93 awarded to the plaintiffs. The trial court also awarded the intervenor, the PPG, $481,074.22 to be deducted from the gross total.

It is from the above described judgment that Goodyear now appeals. The Breauxs have answered the appeal and seek an increase in the award of damages for their survival action.³

On appeal, Goodyear raises the following assignments of error: 1) "The trial court committed legal error by failing to apply the correct law to determine whether the PPG was a sophisticated user. Applying the correct law de novo (or, alternatively, under any standard of review), the PPG is a sophisticated user and, under the LPLA, Goodyear cannot be liable for failure to warn;" 2) "The trial court committed legal error by failing to consider causation. Applying this law de novo (or, alternatively, under any standard of review), Plaintiffs failed to prove the warning sought would have prevented their injuries;" 3) "The

320 So.3d 1203

trial court committed legal error by failing to consider the comparative fault of the PPG as required by La. Civ. Code art. 2323. Considering the fault of the PPG de novo (or, alternatively, under any standard of review), the PPG bears the great majority of fault;" and 4) "The trial court committed legal error in awarding a double recovery of damages in two separate ways: first, awarding a double recovery of economic damages; and, second, awarding duplicative components of general damages. On purely legal grounds, each requires a reduction of damages. Alternatively, the awards must be reduced for abuse of discretion."

In regard to inadequate warnings, La. R.S. 9:2800.57(A) provides that a product is unreasonably dangerous "because an adequate warning about the product has not been provided if, at the time the product left...