Safeco Ins. Co. of America v. Palermo, No. 82-C-2892
| Court | Supreme Court of Louisiana |
| Writing for the Court | WATSON; LEMMON |
| Citation | 436 So.2d 536 |
| Docket Number | No. 82-C-2892 |
| Decision Date | 27 June 1983 |
| Parties | SAFECO INSURANCE COMPANY OF AMERICA v. Lesley PALERMO. |
Page 536
v.
Lesley PALERMO.
Rehearing Denied Sept. 1, 1983.
Robert J. Vandaworker, Taylor, Porter, Brooks & Phillips, Baton Rouge, for applicant.
Carolyn Pratt Perry, Franklin, Moore & Walsh, Baton Rouge, for respondent.
WATSON, Justice.
The issue is whether this litigation is barred by either res judicata or law of the case.
FACTS
Safeco Insurance Company of America filed suit against Lesley Palermo for contribution of $2,555.60, representing one-half of the amount paid to Southern Farm Bureau Casualty Insurance Company as a result of a judgment in a subrogation suit filed by Southern Farm against Safeco and its insureds, Victor and Nick Glaviano.
Page 537
After this suit was filed, exceptions of res judicata and law of the case on behalf of defendant, Lesley Palermo, were sustained by the trial court. 1 The court of appeal reversed and remanded for trial. Safeco Ins. Co. of America v. Palermo, 422 So.2d 1375 (La.App. 1 Cir.1982). A writ was granted to consider the judgment. 427 So.2d 865 (La., 1983).
On February 27, 1979, an automobile owned by Victor Glaviano and operated by Nick Glaviano stalled on Louisiana Highway 1. After the driver activated his emergency flashers, the automobile was struck from behind by an automobile owned by Peter Palermo and operated by Lesley Palermo. Southern Farm, the collision insurer of the Palermo automobile, paid $3,662.01 for the property damage and $660.28 for the medical expenses of Lesley Palermo, Daniel Fabre and John Glynn Breau.
In the first suit, Southern Farm alleged that it was the collision insurer of the automobile owned by Peter Palermo and paid medical expenses of the occupants. Southern Farm claimed a right of subrogation against Victor and Nick Glaviano and their insurer, Safeco Insurance Company of America, and received a judgment for $4,322.29 against those defendants. The answer to the petition admitted that the Glaviano vehicle was involved in an automobile accident on which Safeco provided certain liability coverage. It was alleged in the answer that the sole cause or, alternatively, a contributing cause of the accident was the negligence of Peter Palermo which barred recovery by Southern Farm. Any negligence by Lesley Palermo was not pleaded. The testimony at the first lawsuit is not in evidence. There was no evidence at the hearing on the exceptions and counsel for plaintiff was not present. Thus, the only record available for consideration consists of the pleadings in the first suit and the pleadings in this second suit.
LAW
In Louisiana, relitigation of the object of a judgment is barred when there is: (1) identity of the thing demanded; (2) the same cause of action; and (3) the same parties appearing in the same quality. LSA-C.C. art. 2286; 2 Dornak v. Lafayette General Hospital, 399 So.2d 168 (La., 1981). Parties can be represented by their successors or others appearing in the same quality. Welch v. Crown Zellerbach Corp., 359 So.2d 154 (La., 1978).
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Beychok, In re, No. 85
...merit. Appellant's contention that collateral estoppel is applicable is clearly without merit. In Safeco Ins. Co. of America v. Palermo, 436 So.2d 536 (La.1983), the Supreme Court stated: Collateral estoppel or issue preclusion is not a valid defense in Louisiana. Welch, [v. Crown Zellerbac......
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Williams v. DiVittoria, Civ. A. No. 90-491.
...estoppel or issue preclusion is not a valid 777 F. Supp. 1336 defense in Louisiana."); Safeco Insurance Co. of America v. Palermo, 436 So.2d 536, 537 (La.1983) (same); Welch v. Crown Zellerbach Corp., 359 So.2d 154, 156 (La.1978) ("Collateral estoppel is a doctrine of issue preclu......
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Massey v. G.B. Cooley Hosp. for Retarded Citizens, No. 23072-CA
...See LSA-R.S. 13:4231 and Comments. Compare also Louviere v. Shell Oil Co., 440 So.2d 93 (La.1983); Safeco Ins. Co. of America v. Palermo, 436 So.2d 536 (La.1983); Mitchell v. Bertolla, 340 So.2d 287 (La.1976). Of course, LSA-C.C.P. Art. 966 expressly provides for partial summary judgment, w......
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Stogniew v. McQueen, No. 83881
...P.2d 1199 (1986); City of Louisville v. Louisville Professional Firefighters Ass'n, 813 S.W.2d 804 (Ky.1991); Safeco Ins. Co. v. Palermo, 436 So.2d 536 (La.1983); Hofsommer v. Hofsommer Excavating, Inc., 488 N.W.2d 380 (N.D.1992); Goodson v. McDonough Power Equipment, 2 Ohio St.3d 193, 2 OB......
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Beychok, In re, No. 85
...merit. Appellant's contention that collateral estoppel is applicable is clearly without merit. In Safeco Ins. Co. of America v. Palermo, 436 So.2d 536 (La.1983), the Supreme Court stated: Collateral estoppel or issue preclusion is not a valid defense in Louisiana. Welch, [v. Crown Zellerbac......
-
Williams v. DiVittoria, Civ. A. No. 90-491.
...estoppel or issue preclusion is not a valid 777 F. Supp. 1336 defense in Louisiana."); Safeco Insurance Co. of America v. Palermo, 436 So.2d 536, 537 (La.1983) (same); Welch v. Crown Zellerbach Corp., 359 So.2d 154, 156 (La.1978) ("Collateral estoppel is a doctrine of issue preclu......
-
Massey v. G.B. Cooley Hosp. for Retarded Citizens, No. 23072-CA
...See LSA-R.S. 13:4231 and Comments. Compare also Louviere v. Shell Oil Co., 440 So.2d 93 (La.1983); Safeco Ins. Co. of America v. Palermo, 436 So.2d 536 (La.1983); Mitchell v. Bertolla, 340 So.2d 287 (La.1976). Of course, LSA-C.C.P. Art. 966 expressly provides for partial summary judgment, w......
-
Stogniew v. McQueen, No. 83881
...P.2d 1199 (1986); City of Louisville v. Louisville Professional Firefighters Ass'n, 813 S.W.2d 804 (Ky.1991); Safeco Ins. Co. v. Palermo, 436 So.2d 536 (La.1983); Hofsommer v. Hofsommer Excavating, Inc., 488 N.W.2d 380 (N.D.1992); Goodson v. McDonough Power Equipment, 2 Ohio St.3d 193, 2 OB......