Breaux v. State Farm Mut. Auto. Ins. Co.
Decision Date | 01 April 2020 |
Docket Number | 19-788 |
Parties | EDNA BREAUX v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL. |
Court | Court of Appeal of Louisiana — District of US |
NOT DESIGNATED FOR PUBLICATION
Court composed of Elizabeth A. Pickett, Shannon J. Gremillion, and Candyce G. Perret, Judges.
AFFIRMED.
Martin Mayard, LLC
Harry Duplechin
State Farm Mutual Automobile Insurance Company
Stutes & Lavergne, LLC
Russell J. Stutes, Jr.
P. Jody Lavergne
Edna Breaux
The plaintiff appeals the trial court's judgment granting the defendants' exception of res judicata and dismissing her claim against the defendants. We affirm.
On May 21, 2018, while driving her vehicle, Edna Breaux was involved in an accident with a vehicle owned and operated by Harry Duplechin and insured by State Farm Mutual Automobile Insurance Company. The accident caused damage to Mrs. Breaux's vehicle and injuries to her neck and back. Following the accident, State Farm paid to repair the damage to Mrs. Breaux's vehicle caused by the accident. Thereafter, she submitted claims to State Farm to recover damages for the diminished value of her vehicle and her personal injuries.
On October 18, 2018, Mrs. Breaux sent a proof of loss to State Farm for the diminished value of her vehicle in the amount of $7,861.49. On December 6, 2018, State Farm responded, asserting that Mrs. Breaux did not have a claim for diminished value because her vehicle had been "repaired to factory specification."
On December 10, 2018, Mrs. Breaux's counsel and State Farm's adjustor negotiated a settlement in the amount of $13,652. In accordance with the settlement, State Farm transmitted a check in the amount of $13,652 dated December 10, 2018, and a Release to Mrs. Breaux. On December 28, 2018, Mrs. Breaux, her husband, and her attorney signed the Release and negotiated the settlement check.
By letter dated December 31, 2018, Mrs. Breaux continued seeking a settlement for her diminished-value claim with State Farm's adjustor. Having no success, she filed suit against the defendants on her diminished-value claim.Counsel for State Farm initially obtained an informal extension of time to file an answer to the suit, but in March 2019, it filed an exception of res judicata, urging that Mrs. Breaux released all her claims against State Farm and its insured when she signed the Release and negotiated the settlement check.
Counsel for Mrs. Breaux contends that in their December 10, 2018 telephone conversation, he and State Farm's adjustor discussed a settlement of only Mrs. Breaux's bodily injury claim and agreed to continue negotiations of her diminished-value claim thereafter. Counsel asserts that by correspondence dated that same day, he stated that Mrs. Breaux accepted State Farm's offer to settle her bodily injury claim and that an attachment to State Farm's $13,652 check noted that the check was for "Bodily Injury Liability."
A hearing on State Farm's exception was held July 1, 2019. During the hearing, counsel for State Farm was allowed to admit into evidence a copy of the Release signed by Mrs. Breaux and ten other documents associated with the parties' settlement and Mrs. Breaux's execution of the Release. Specifically, counsel pointed to the following language contained in the Release:
Later in the hearing, counsel for Mrs. Breaux sought to introduce documents and a CD into evidence, arguing the items show that when the parties negotiatedand finalized the settlement for $13,652, they intended to settle only Mrs. Breaux's bodily injury claim, but not her diminished-value claim. The trial court refused to admit the items into evidence, stating: The trial court allowed Mrs. Breaux to proffer the items she sought to introduce into evidence.
The trial court concluded that Mrs. Breaux released her bodily injury claim and her diminished-value claim when she executed the Release in favor of State Farm. After the trial court signed a judgment granting the exception of res judicata and dismissing Mrs. Breaux's claim against State Farm, she filed this appeal.
Mrs. Breaux now assigns the following three errors with the trial court proceeding and judgment:
We must determine whether the trial court's grant of State Farm's exception of res judicata was legally correct or incorrect. Ames v. Ohle, 16-612 (La.App. 4Cir. 4/26/17), 219 So.3d 396. In doing so, we review factual findings pertinent to the exception to determine if they are manifestly erroneous or clearly wrong. Id.
We address Ms. Breaux's three assignments of error together, as they are interwoven. In Maggio v. Parker, 17-1112, pp. 4-5 (La. 6/27/18), 250 So.3d 874, 878-79, the supreme court addressed the issues presented by Mrs. Breaux's appeal, explaining:
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