Brewer v. J.B. Hunt Transp. Inc

• Decision Date: 07 May 2010
• Docket Number: 2009-C-1428.,No. 2009-C-1408,2009-C-1408
• Parties: Brian Shane BREWERv.J.B. HUNT TRANSPORT, INC. and Robert E. Jackson.
• Court: Louisiana Supreme Court

35 So.3d 230

Brian Shane BREWER
v.
J.B. HUNT TRANSPORT, INC. and Robert E. Jackson.

Nos. 2009-C-1408, 2009-C-1428.

Supreme Court of Louisiana.

March 16, 2010.
Rehearing Denied May 7, 2010.

35 So.3d 231

COPYRIGHT MATERIAL OMITTED

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Adams & Reese, LLP, Louis Charles LaCour, Jr., Christine Simons Fortunato, New Orleans, Casteel & Associates, LLC, Durward D. Casteel, Baton Rouge, and Vasser & Vasser, Claude David Vasser, Jr., Baton Rouge, for Applicant in 2009-C-1408.

G. Stephen Covert, Walter Landry Smith, Baton Rouge, Christopher M. Moody, Hammond, Perry, Atkinson, Balhoff, Mengis & Burns, LLC, John W. Perry, Jr., Baton Rouge, for Respondent in No. 2009-C-1408.

G. Stephen Covert, Walter Landry Smith, Baton Rouge, Perry, Atkinson, Balhoff, Mengis & Burns, LLC, John W. Perry, Jr., Baton Rouge, for Applicant in No. 2009-C-1428.

Adams & Reese, LLP, Louis Charles Lacour, Jr, Christine Simons Fortunato, New Orleans, Christopher M. Moody, Casteel & Associates, LLC, Durward D. Casteel, Vasser & Vasser,

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Claude David Vasser, Jr., Baton Rouge, for Respondent in No. 2009-C-1428.

WEIMER, Justice.¹

This case arises out of a suit for personal injuries sustained when twenty-three-year old Brian Shane Brewer (Brewer), driving a 1994 Chevrolet pickup truck on Interstate I-12 in Livingston Parish, rear-ended an 18-wheel tractor-trailer owned by J.B. Hunt Transport, Inc. (Hunt) and being operated by its employee, Robert E. Jackson (Jackson). The entire front cab of Brewer's truck was crushed beneath the 18-wheeler, resulting in permanent, life-altering injuries to Brewer.

Following a two-week trial, the jury returned a verdict in favor of the defendants, finding Brewer 100 percent at fault for the collision. On appeal, the court of appeal reversed the jury's allocation of 100 percent fault to Brewer, concluding that the jury's fact-finding process was interdicted by a legal error on the part of the district court in allowing the jury to hear references of Brewer's prior bad acts, which were irrelevant to the accident. Conducting a de novo review of the record, the court of appeal found Hunt and Jackson to be 60 percent at fault for the accident. Brewer was assessed with 40 percent of the fault. Special damages in the amount of $10,677,634.93 and general damages in the amount of $2,500,000.00, to be reduced in proportion to Brewer's degree of fault, were awarded.

We granted certiorari primarily to review the appellate court's decision to conduct a de novo review of the record. After reviewing the record and the arguments of the parties, we find the court of appeal erred in conducting a de novo review. Reviewing the judgment under the appropriate manifest error standard, we nevertheless find the jury was manifestly erroneous in determining Hunt and Jackson were free from fault in the accident. Cognizant of the rule under which a reviewing court, in disturbing a clearly wrong allocation of fault, is limited to lowering or raising the fault allocation to the highest or lowest point respectively, which is reasonably within the trier of fact's discretion,² we find Hunt and Jackson to be 30 percent at fault and Brewer 70 percent at fault for the accident. In all other respects, the judgment of the court of appeal is affirmed.

FACTS AND PROCEDURAL HISTORY

The accident that gives rise to this litigation occurred at approximately 12:51 p.m. on January 13, 2000, on Interstate I-12 near milepost 11.1 in Livingston Parish. At that time, Jackson and Brewer were traveling in an easterly direction on the interstate-Jackson driving an 18-wheel tractor-trailer owned by his employer, Hunt, and carrying a load of bulk paper; Brewer driving his 1994 Chevrolet pickup truck en route to Southeastern Louisiana University to register for the upcoming semester. Jackson was traveling in the right lane of traffic; Brewer was to his rear in the left lane. This particular section of the interstate was part of ongoing construction work, and, as a result, the posted speed limit had been reduced to 60 miles per hour. In anticipation of the closure of the right lane to accommodate the construction work, Jackson slowed the 18-wheeler from approximately 40-45 miles per hour to approximately 5-10 miles per hour; he proceeded to move the tractor-trailer

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into the left lane of traffic across the solid white line that divided the two lanes. Brewer, proceeding in the left lane at or near the posted speed limit, reacted to the 18-wheeler's movement first by steering toward the right, then by straightening the truck's wheels and braking hard. Despite skidding for approximately 102 feet, Brewer was unable to stop his vehicle in time to avoid colliding with the rear end of the tractor-trailer. The pickup truck came to rest against the rear tires of the 18-wheeler, the front cab completely crushed beneath the trailer.

Brewer sustained permanent, debilitating injuries in the accident, including a traumatic injury to the right anterior temporal lobe of his brain which has resulted in bed-wetting, seizures, short-term memory deficits, a lowered I.Q., changed personality and disinhibition-problems for which Brewer will require long-term treatment at a residential brain-injury facility. ³

Brewer filed suit against Hunt and Jackson, seeking damages for the injuries he sustained in the January 2000 rear-end collision.⁴ By supplemental and amending petition, the State of Louisiana through the Department of Transportation and Development (State) was added as a defendant. Each of the defendants denied liability for the accident and asserted the affirmative defense of comparative fault on the part of Brewer.

The case was tried before a jury from January 9-26, 2006. Following the presentation of evidence and arguments of counsel, the jury returned a verdict in favor of the defendants. Specifically, the jury found Jackson and the State to be free from any negligence, effectively casting Brewer with 100 percent of the responsibility for the accident. The district court rendered judgment in accordance with the jury's findings and dismissed with prejudice all claims filed against the defendants.

Following the district court's denial of Brewer's motion for judgment notwithstanding the verdict or, alternatively, for new trial, Brewer appealed. The Court of Appeal, First Circuit, reversed the district court's judgment on the jury verdict. Brewer v. J.B. Hunt Transport, Inc., 08-1666 (La.App. 1 Cir. 3/18/09), 9 So.3d 932. Finding the district court erred in allowing the jury to hear references to certain prior “bad acts” of Brewer which were irrelevant to the accident, the court of appeal determined the evidentiary error interdicted the fact-finding process, “making it difficult, if not impossible, for the jury to make a fair and impartial determination of liability.” Brewer, 08-1666 at 12; 9 So.3d at 943. Accordingly, the court of appeal accorded no deference to the fact findings and credibility determinations made by the jury and undertook a de novo review of the record. Based on that review, the court of appeal determined Jackson acted negligently in attempting to make a lane change across a solid white lane line, and, by failing to complete his lane change prior to impact, created a hazardous situation for approaching motorists by blocking both

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lanes of traffic. Notwithstanding Jackson's negligence, the appellate court determined Brewer also acted negligently in failing to keep a proper lookout and to react timely by applying his brakes.

Drawing upon the factors set forth by this court in Watson v. State Farm Fire & Casualty Insurance Co., 469 So.2d 967 (La.1985), the court of appeal concluded that while both Jackson and Brewer were negligent, Jackson and his employer, Hunt, bear the greater degree of responsibility for the accident. The court reasoned that while Brewer's inattention was a contributing cause of the accident, it was not the primary cause. Because of: (1) the magnitude of the risk created by the 18-wheeler; (2) the careless manner in which Jackson attempted to merge into Brewer's lane; (3) Jackson's knowledge as a professional truck driver of the danger involved in lane changes, especially across solid white lane lines; (4) his greater experience and training; and (5) the magnitude of the harm created by Jackson's conduct, the court of appeal determined 60 percent of the fault for the accident should be allocated to Jackson and his employer, Hunt. Brewer was assessed with 40 percent of the fault.⁵

Because the jury did not reach the issue of damages, the court of appeal conducted a de novo assessment, awarding $563,747.93 for past medical expenses, $8,416,125.00 for future medical care, $71,942.00 for past earnings, $1,625,820.00 for future earnings, and $2,500,000.00 for general damages. The court directed the entire award be reduced in proportion to Brewer's percentage of fault, and rendered judgment accordingly.⁶

We granted certiorari primarily to address Hunt's and Jackson's contention the court of appeal erred in concluding the district court improperly admitted the evidence of Brewer's pre-accident “bad acts,” and even if the prior “bad acts” evidence was improperly admitted, the court of appeal erred in determining the improperly admitted evidence interdicted the jury's factual findings with respect to the issue of Brewer's liability, such that a de novo review of the record was warranted. Brewer v. J.B. Hunt Transport, Inc., 09-1408, 09-1428 (La.10/16/09), 19 So.3d 465.

LAW AND DISCUSSION Evidence of Prior Bad Acts

Brewer's conduct both prior to and after the accident became the focus of substantial pre-trial controversy as defendants delved into Brewer's background, insisting that his history of substance abuse was relevant to his credibility, his failure to mitigate damages, his loss of enjoyment of life, and his medical expenses. Because there was no contention by any party that drugs or alcohol were involved in...