Shuford v. Employers' Liability Assurance Corp., 9720

• Citation: 141 So.2d 850
• Decision Date: 22 May 1962
• Docket Number: No. 9720,9720
• Court: Court of Appeal of Louisiana (US)
• Parties: Mrs. Wanda Ware SHUFORD, Individually and as natural tutrix of the minors, Wesley Gray Shuford, IV, Suzanne Kay Shuford, and William Ray Shuford, Plaintiff-Appellee, v. The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Limited, et al., Defendants- Appellants, General Accident, Fire & Life Assurance Corporation, Intervenor-Appellee.

Page 850

141 So.2d 850

Mrs. Wanda Ware SHUFORD, Individually and as natural tutrix of the minors, Wesley Gray Shuford, IV, Suzanne Kay Shuford, and William Ray Shuford Plaintiff-Appellee, v. The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Limited, et al., Defendants- Appellants General Accident, Fire & Life Assurance Corporation Intervenor-Appellee.

No. 9720.

Court of Appeal of Louisiana, Second Circuit.

May 22, 1962.

Rehearing Denied June 14, 1962.

Cook, Clark, Egan, Yancey & King, Shreveport, Watson, Williams & Brittain, Natchitoches, for appellants.

Johnston & Johnston, Shreveport, for plaintiff-appellee.

Mayer & Smith, Shreveport, for intervenor-appellee.

Before HARDY, AYRES and BOLIN, JJ.

AYRES, Judge.

This is a companion case to that of Mrs. Betty Jean Fuller Finn v. The Employers' Liability Assurance Corporation, Limited, et al., La.App., 141 So.2d 852, and with which it was consolidated for the purpose of trial. The questions of liability were determined in the companion case and there remains for consideration only the question of the awards of damages. The claim of reimbursement of $1,100.90 for funeral expenses is not in contest.

The decedent, Wesley Gray Shuford, III, was 22 years of age at the time of his death. He was married to plaintiff June 24, 1956, at the age of 19. Surviving him were his wife and two children, Wesley Gray Shuford, IV, aged two-and-a-half years; Suzanne Kay Shuford, 14 months old; and an unborn child, William Ray Shuford, born posthumously three months after his death. The deceased had a life expectancy of 40.85 years. His earnings for the year 1958 averaged $383.00 per month and, for 1959 to the time of his death, $381.00 per month. He was not shown to have had income from any source other than his wages. Their family relationship was ideal. Mutual respect, love, and devotion, between them and for their children, were unmistakably manifested in the record.

Mrs. Shuford was awarded damages as follows: $10,000.00 for loss of her husband's love, affection, and companionship; $20,000.00 for loss of support; and $1,100.90 for funeral expenses. The minors, William Ray Shuford, Suzanne Kay Shuford, and Wesley Gray Shuford, were each awarded $7,000.00 for the loss of their father's love, affection, and companionship, and, for the loss of support, the sums of $10,000.00, $9,000.00, and $8,500.00, respectively.

The awards were, as to the surety limited to its contractual liability of $50,000.00 for each person and $100,000.00 for all persons injured or killed in one accident. The intervenor's claims for reimbursement of compensation were recognized and ordered paid out of plaintiff's awards.

From that judgment, defendants suspensively appealed. Plaintiff, by answer to the appeal, prayed for an increase in the awards.

After giving consideration to all the facts and circumstances disclosed in the record, including those to which we have...