Guilbeau v. Liberty Mut. Fire Ins. Co.

• Decision Date: 07 March 2019
• Docket Number: 18-232,18-231,18-230
• Citation: 269 So.3d 1002
• Parties: James GUILBEAU and Tammy Guilbeau v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, et al. Keith Antoine v. Liberty Mutual Fire Insurance Company, et al. Clyde Guillory and Celine Guillory v. Liberty Mutual Fire Insurance Company, et al.
• Court: Court of Appeal of Louisiana — District of US

269 So.3d 1002

James GUILBEAU and Tammy Guilbeau
v.
LIBERTY MUTUAL FIRE INSURANCE COMPANY, et al.

Keith Antoine
v.
Liberty Mutual Fire Insurance Company, et al.

Clyde Guillory and Celine Guillory
v.
Liberty Mutual Fire Insurance Company, et al.

18-230
18-231
18-232

Court of Appeal of Louisiana, Third Circuit.

March 7, 2019

Richard B. Eason II, Robin B. Cheatham, E. Gregg Barrios, Adams and Reese LLP, 701 Poydras Street, Suite 4500, New Orleans, Louisiana 70139, (504) 581-3234, COUNSEL FOR DEFENDANTS/APPELLANTS: Liberty Mutual Fire Ins. Co., Utility Lines Construction Services, Inc., Morlon Chaddrick

James S. Gates, Morrow, Gates, & Morrow, L.L.C., Post Office Drawer 219, Opelousas, Louisiana 70571, (337) 942-6529, COUNSEL FOR PLAINTIFFS/APPELLEES: James Guilbeau, Tammy Guilbeau, Keith Antoine

Derrick G. Earles, David C. Laborde, Jeff D. Easley, Laborde Earles Law Firm, LLC, 603 North Washington Street, Marksville, Louisiana 71351, (318) 253-3297, COUNSEL FOR PLAINTIFFS/APPELLEES: Clyde Guillory, Celine Guillory

James D. Hollier, NeunerPate, 1001 West Pinhook Road, Suite 200, Post Office Drawer 52828, Lafayette, Louisiana 70505, (337) 237-7000, COUNSEL FOR INTERVENORS/APPELLEES: St. Landry Parish Government, The Parish Government Risk Management Agency Self Insurers Fund

Court composed of Sylvia R. Cooks, Billy H. Ezell, John E. Conery, D. Kent Savoie, and Van H. Kyzar, Judges.

CONERY, Judge.

Plaintiffs James Guilbeau, Keith Antoine, and Clyde Guillory (Plaintiff Employees) claim damages as a result of a collision between the St. Landry Parish maintenance truck they were occupying and a vehicle operated by defendant Morlon Chaddrick, who was employed by defendant, Utility Lines Construction Services, Inc., and insured by defendant Liberty Mutual Fire Insurance Company (Defendants). Plaintiff Tammy Guilbeau is the wife of James Guilbeau, and Plaintiff Celine Guillory is the wife of Clyde Guillory; both claim damages for loss of consortium. St. Landry Parish Government intervened for the reimbursement of worker's compensation benefits it had paid to Plaintiff Employees as a result of the collision. Plaintiffs filed a motion for summary judgment on the issue of liability, which was opposed by all Defendants. The trial court granted partial summary judgment on the issue of liability in favor of the Plaintiffs, finding Defendants 100% at fault. The trial court further ordered the issues of medical causation and damages

269 So.3d 1004

to be reserved for a trial on the merits. Defendants have timely appealed. For the following reasons, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

It is undisputed that on the morning of September 5, 2014, a St. Landry Parish maintenance dump truck was at a complete stop partially blocking the travel lane in Defendant's lane of travel on Jules Lagrange Road in St. Landry Parish. At the time of the accident, the maintenance truck was operated by Plaintiff, Clyde Guillory, and occupied by Plaintiffs, James Guilbeau and Keith Antoine.¹ The maintenance truck was struck from the rear by Defendant, Mr. Chaddrick, who was driving a pick-up truck owned by his employer during the course and scope of his employment with Utility Construction Services, Inc., and insured by Liberty Mutual Fire Insurance Company, all Defendants herein. St. Landry Parish Government and the Parish Government Risk Management Agency Self Insurers Fund filed a petition of intervention to recover the worker's compensation benefits paid to the Plaintiff Employees.

Defendants answered the suit and intervention, asserting that Plaintiff Employees were solely at fault, or in the alternative, were comparatively at fault in causing this accident, and that the parish failed to adequately train and equip the Plaintiff Employees, who obstructed the roadway and failed to warn oncoming motorists lawfully driving on the roadway of the obstruction. Defendants requested a jury trial on all issues.

After completion of discovery, Plaintiffs then filed a motion for partial summary judgment on the issue of liability, which Intervenor adopted, supported by pre-trial depositions of several of the parties and witnesses. Defendants opposed the summary judgment and filed a timely memorandum and depositions in opposition. The trial court made a finding of fact that Defendant Chaddrick was 100% at fault and granted partial summary judgment on the issue of liability in favor of all Plaintiffs and Intervenor against all Defendants, reserving the issues of medical causation and damages for a trial on the merits. Defendants have timely appealed.

ASSIGNMENTS OF ERROR

The Defendants assert the following assignment of error on appeal:

1. The trial court erred in granting Plaintiffs a partial summary judgment on liability and making the factual finding that Defendant Morlon Chaddrick was 100% at fault for causing the vehicular accident in this case because there are numerous issues of material fact as to the negligence and/or comparative fault of the parties in this case.

The Plaintiffs assert the following assignment of error on appeal:

1. Plaintiffs assign as error the failure of the trial court to rule on objections made in its Reply Memorandum before ruling on summary judgment.

LAW AND DISCUSSION

Standard of Review

Appellate courts review motions for summary judgment de novo , using the

269 So.3d 1005

identical criteria that directs the trial court's consideration of whether summary judgment is appropriate. Dunn v. City of Kenner , 15-1175 (La. 1/27/16), 187 So.3d 404. The reviewing court, therefore, is tasked with determining whether "the motion, memorandum, and supporting documents show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law." La.Code Civ.P. art. 966(A)(3).

Louisiana Code of Civil Procedure Article 966(D) further provides:

(1) The burden of proof rests with the mover. Nevertheless, if the mover will not bear the burden of proof at trial on the issue that is before the court on the motion for summary judgment, the mover's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court the absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law.

(2) The court may consider only those documents filed in support of or in opposition to the motion for summary judgment and shall consider any documents to which no objection is made. Any objection to a document shall be raised in a timely filed opposition or reply memorandum.

In Roy v. Kyrles, Inc. , 07-1605, p. 4 (La.App. 3 Cir. 5/14/08), 983 So.2d 975, 978, a panel of our court held that the legislature further clarified the burden of proof in enacting La.Code Civ.P. art. 966(C)(2) (now 966(D)(1)(2) ) and stated:

This amendment parallels the language of Celotex Corp. v. Catrett , 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The amended article places the initial burden of proof on the mover of the motion for summary judgment. If the mover meets this initial burden, the burden of proof then shifts to the nonmoving party that has the burden of proof on this particular issue at trial. This nonmoving party then must put forth evidence that shows he or she will be able to meet that burden at trial. If the nonmoving party cannot, then the motion for summary judgment should be granted. Mar[a]ist & Lemmon, Louisiana Civil Law Treatise: Civil Procedure § 6.8 (1999).

The recent supreme court case of Maggio v. Parker , 17-1112, p. 4 (La. 6/27/18), 250 So.3d 874, 878, defined the court's role in the determination of a motion for summary judgment and stated:

In ruling on a motion for summary judgment, the judge's role is not to evaluate the weight of the evidence or to determine the truth of the matter, but instead to determine whether there is a genuine issue of triable fact. All doubts should be resolved in the non-moving party's favor. Hines v. Garrett , 2004-0806 (La. 6/25/04), 876 So.2d 764, 765. A fact is material if it potentially ensures or precludes recovery, affects a litigant's ultimate success, or determines the outcome of the legal dispute. A genuine issue is one as to which reasonable persons could disagree; if reasonable persons could reach only one conclusion, there is no need for a trial on that issue and summary judgment is appropriate. Id. at 765-66.

All facts and inferences of fact must be resolved in favor of the non-moving party. Bowdoin v. WHC Maint. Services, Inc. , 17-150 (La.App. 3 Cir. 10/25/17), 230 So.3d 232.

269 So.3d 1006

DEFENDANTS' ASSIGNMENT OF ERROR

In their sole assignment of error on appeal, Defendants' claim that the trial court erred in granting partial...