Chatelain v. Rabalais

• Decision Date: 07 July 2004
• Docket Number: No. 04-28.,04-28.
• Parties: Mr. & Mrs. Jonathan CHATELAIN, et al. v. Rodney RABALAIS, et al.
• Court: Louisiana Supreme Court

877 So.2d 324

Mr. & Mrs. Jonathan CHATELAIN, et al. v. Rodney RABALAIS, et al.

No. 04-28.

Court of Appeal of Louisiana, Third Circuit.

July 7, 2004.

Appeal from the Twelfth Judicial District Court, Parish of Avoyelles, No. 98-5912-A, Mark A. Jeansonne, J.

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Daniel G. Brenner, Alexandria, LA, for Defendant-Appellant, Rodney Rabalais.

Angelo Joseph Piazza, III, Marksville, LA, for Plaintiffs-Appellees, Mr. & Mrs. Jonathan Chatelain, Amanda Chatelain, Alesha Chatelain and Vincent Chatelain.

Court composed of JIMMIE C. PETERS, MICHAEL G. SULLIVAN, and JOHN B. SCOFIELD, Judges.

JOHN B. SCOFIELD, Judge.^*

This is a legal malpractice case filed against Rodney Rabalais, an attorney practicing in Marksville, Louisiana. Plaintiffs had engaged Rabalais to represent them in a tort claim against Patrick Brouillette but before Rabalais filed the lawsuit, the claim against Brouillette had prescribed.

THE TRIAL COURT PROCEEDINGS

The underlying claim against Brouillette arose from an incident which occurred on July 2, 1997. On that date, in the early morning hours, Jonathan and Lauren Chatelain and their three children, Alesha, Amanda and Vincent, were awakened by the sound of a gun or guns being fired directly into their house. Brouillette, who had wrecked his automobile in the vicinity of the Chatelain home near Marksville, Louisiana, approached the Chatelain home, presumably for the purpose of commandeering a Chatelain vehicle. As he approached, he began shooting at the house.¹ Upon hearing the gunfire, Lauren and the children retreated to the back of the house. Jonathan armed himself and began returning Brouillette's fire. In the exchange of gunfire, Brouillette was hit, wounded and immobilized, bringing to an end the shooting incident.

Brouillette was arrested, tried and sentenced to jail for the crimes he had committed upon the Chatelains and their property. The Chatelains engaged Rabalais to pursue their civil remedies against Brouillette. Rabalais failed to file a lawsuit on or before July 2, 1998, resulting in the case against Brouillette prescribing.

Jonathan then engaged the Chatelain's current attorney to pursue a malpractice claim against Rabalais. On November 24, 1998, a civil action was filed against Rabalais on behalf of Mr. and Mrs. Chatelain and their three children. Later, Lauren Alesha and Vincent, were allowed to withdraw from the lawsuit. On October 7, 1999, Lauren, Alesha and Vincent petitioned the court to re-enter the lawsuit, but eventually, the renewed claims of Lauren and Alesha were dismissed on the basis of prescription. Vincent was allowed to rejoin the lawsuit. Accordingly, when this matter went to trial, the Plaintiffs were Jonathan, Amanda and Vincent.

At the trial, Rabalais did not dispute his allowing the Chatelains' claim against Brouillette to prescribe. The damages claimed by the Plaintiffs fall into two major categories: First, they claim those damages that they would have recovered had they gone to trial against Brouillette; and second, they independently claim damages against Rabalais for the emotional injuries they allegedly sustained as a result of his actions and inactions.

The verdict form submitted to the jury consisted of eleven interrogatories. The jury returned a verdict, finding that as a result of the actions of Brouillette, Jonathan sustained general damages of $45,000.00 and special damages of $5,000.00, and that Amanda and Vincent each sustained general damages of $20,000.00 and special damages of $5,000.00.

The jury also found that Rabalais had deviated below the standard of the care required of an attorney, the jury awarding each Plaintiff the identical amount that had been awarded due to the actions of Brouillette. This resulted in a total judgment of $100,000.00 being awarded to Jonathan and $50,000.00 awarded each to Amanda and Vincent.

Rabalais moved the court for a judgment notwithstanding the verdict or, alternatively, for a new trial. Both motions were denied. Rabalais suspensively appealed the Judgment of the trial court and Plaintiffs answered the appeal seeking an increase in the damages awarded them.

ISSUES ON APPEAL

Given that Rabalais is not contesting liability, the only issues on appeal are the various elements of damages awarded to the Plaintiffs.

THE DAMAGE ISSUES IN GENERAL

The law provides that "To prove a claim for legal malpractice a plaintiff must prove: (1) there was an attorney-client relationship; (2) the attorney was negligent and (3) that negligence caused plaintiff some loss." Beis v. Bowers, 94-0178 (La.App. 4 Cir. 01/19/95), 649 So.2d 1094, writ denied, 95-429 (La.3/30/95), 651 So.2d 847, citing Scott v. Thomas, 543 So.2d 494 (La.App. 4 Cir.1989) and Evans v. Detweiler, 466 So.2d 800 (La.App. 4 Cir.1985). See also William E. Crawford, 12 Louisiana Civil Law Treatise — Workers' Compensation § 15.23 (2000). Additionally, because legal malpractice is a tort, damages for mental anguish may be awarded in a legal malpractice action. Vallier v. Louisiana Health Systems, Inc., 98-834 (La.App. 3 Cir. 12/9/98), 722 So.2d 418, writ denied, 738 So.2d 587 (La.2/26/99); Henderson v. Domingue, 626 So.2d 555 (La.App. 3 Cir.1993), writ denied, 630 So.2d 799 (1/28/94).

One measure of the damages can be the amount the Plaintiffs would have received had the underlying case gone to trial and judgment. In addition, the law also recognizes that the Plaintiffs can also receive an award for the damage arising out of the actions or inaction of their attorney. Beis, 649 So.2d 1094; Henderson, 626 So.2d 555.

In this case, Plaintiffs have claimed general and special damages resulting from the injuries they sustained because of the actions of Brouillette. They have also claimed general and special damages based solely on the action and inactions of Rabalais. Hereinafter, we will refer to these two categories of damages as Brouillette damages and Rabalais damages.

BROUILLETTE DAMAGES:

After first determining that all of the Plaintiffs suffered damages as a result of the actions of Brouillette on July 2, 1997, the jury then responded to interrogatories 6, 7 and 8 and set forth in dollars the amount to be awarded to each Plaintiff for the general and special damages caused by Brouillette.²

Brouillette General Damages:

Rabalais' primary focus on appeal is that the trial court failed to include on the verdict form Rabalais' requested interrogatories which would have more expressly addressed Brouillette's ability to pay.³ The main thrust of Rabalais' argument is that Brouillette's impecuniosity is such that had the underlying lawsuit gone to judgment, Brouillette would have been able to pay very little, if anything, in satisfying such a judgment. Rabalais, further argues that requiring the Defendant to pay the full face value of any such judgment — which according to Rabalais, Brouillette could never pay — would result in Plaintiffs receiving a windfall for the damages attributable to the actions of Brouillette. We disagree.

The record reveals that the trial court did not in any way limit or restrict Rabalais in presenting evidence pertaining to Brouillette's ability to pay. Even at that, the evidence shows that at the time of trial, Brouillette was gainfully employed and could hardly be classified as a pauper. Of more importance, the trial court adequately instructed the jury that in assessing damages, consideration should be given to Brouillette's ability to pay. In fact, with the exception of the changing of one word, the instruction given the jury by the court was identical to the instruction proposed by Rabalais.⁴ Moreover, counsel for Rabalais was allowed to thoroughly argue this issue in closing arguments with counsel taking that opportunity to fully explain to the jury the instructions on the issue of ability to pay ultimately given by the court. Under the circumstances, we are of the opinion the jury was fully and adequately apprised of the issue of Brouillette's alleged inability to pay.

Rabalais also argues that the Brouillette damages awarded by the jury were excessive. Defendant is correct that none of the Plaintiffs suffered any physical injuries as a result of the Brouillette attack. It is also true that the medical treatment received by the Plaintiffs for their emotional distress or injuries was minimal. Moreover, there is no definitive evidence that any of the Plaintiffs will suffer any long term effects from the traumatic episode wrought by Mr. Brouillette.

The circumstances of this case, however, do not neatly fit into a normal damage model. One cannot turn to prior jurisprudence and easily find guidelines for gauging in dollars the horrific ordeal endured by the Plaintiffs in the wee hours of the morning of July 2, 1997.

The Plaintiffs were jolted out of deep slumber that morning by the sounds of gunfire and the sounds of bullets and shotgun pellets ripping into their home. As they cringed in the darkness, Amanda and Vincent also began hearing the shouts of their father and Brouillette as they exchanged gunfire, fearing that at any moment their father would be shot.

During the course of this raid on the Chatelain home, none of the Plaintiffs had any idea how many people were involved in the attack. They all had the genuine fear that it could be just a matter of time before the attacker or attackers succeeded in storming into their once peaceful home. They all were facing the grim doorway of death.

While there is no question of Jonathan's bravery in defending his home and family, there can be no question either that his was a terrifying experience. In order for Jonathan to have any hope of successfully firing his weapon at Brouillette, Jonathan necessarily had to expose himself to the gunfire from Brouillette. Jonathan also knew that his wife and children would be essentially helpless if he were to be shot by Brouillette or whomever else might have been out there in the...