Stapleton v. Great Lakes Chemical Corp., 24386-CA

• Citation: 616 So.2d 1311
• Decision Date: 31 March 1993
• Docket Number: No. 24386-CA,24386-CA
• Parties: Johnny STAPLETON and Judy Stapleton, Plaintiffs, v. GREAT LAKES CHEMICAL CORPORATION, Max Henderson, Old Republic Insurance Company, Louisiana Indemnity Company, Christina Renae Brown and Allstate Insurance Company, Defendants.
• Court: Court of Appeal of Louisiana — District of US

Page 1311

616 So.2d 1311

Johnny STAPLETON and Judy Stapleton, Plaintiffs, v. GREAT LAKES CHEMICAL CORPORATION, Max Henderson, Old Republic Insurance Company, Louisiana Indemnity Company, Christina Renae Brown and Allstate Insurance Company Defendants.

No. 24386-CA.

Court of Appeal of Louisiana Second Circuit.

March 31, 1993.

Rehearings Denied April 29, 1993.

C. Daniel Street, Monroe, for plaintiffs-appellants-appellees Johnny & Judy Stapleton.

Stone, Pigman, Walther, Wittman & Hutchinson by Esmond Phelps, II, Dane S. Ciolino, New Orleans, Smith & Shadoin by Robert E. Shadoin, Fred W. Jones, Jr., Ruston, for defendants-appellants-appellees Great Lakes Chemical Corp., Max Henderson and Old Republic Ins. Co.

Crawford & Anzelmo by Donald J. Anzelmo, Lisa Rogers Trammell, Monroe, for defendants-appellees Christina Renae Brown and Louisiana Indem. Co.

Walter C. Dunn, Jr., Monroe, for defendant-appellee Allstate Ins. Co.

Theus, Grisham, Davis & Leigh by Phillip D. Myers, Monroe, for intervenor-appellant-appellee Travelers Ins. Co.

Before SEXTON, NORRIS and VICTORY, JJ.

SEXTON, Judge.

Various parties appeal the inconsistent verdicts of the jury and the trial court following a bifurcated trial. The jury rejected the plaintiffs' principal demand for personal injury damages following a vehicular accident, finding no negligence on the part of any of the defendants. The worker's compensation carrier for plaintiff's employer filed an intervention in these proceedings. In the worker's compensation intervention, the trial court found one of the defendants to have been 50 percent at fault and the plaintiff to have been 50 percent at fault and rendered judgment in favor of the intervenor accordingly. We affirm the judgment on the jury verdict, but reverse the judgment of the trial court on the intervention.

This lawsuit arises out of a January 9, 1988, accident involving two tractor-trailer rigs on Highway 167 near Dubach, Louisiana. The accident occurred near midnight. A winter storm had occurred four days previously, the temperature was below freezing, and road conditions were icy. At the site of the accident, Highway 167 is a three-lane highway, two lanes for southbound traffic and one lane for northbound traffic. The portion of the highway at issue is a straight section framed by two curves, with over 1,000 feet of highway between the curves. Although the ice was described as "patchy," it was thick and solid at the accident site.

Shortly before the instant accident, an automobile owned by Randy Rivet and operated by Sheldon Cooper, northbound on Highway 167, went out of control on the ice and came to rest in the ditch on the northbound side of the highway. Besides Rivet and Cooper, this vehicle was also occupied by Shannon Durbin and Stephanie Reynolds. Ms. Reynolds began walking north, towards Dubach. Cooper flagged down a northbound motorist, Christina Brown, who slowed and began to stop her pickup truck in the northbound lane. There is differing testimony as to whether Ms. Brown had actually stopped before the following events occurred.

Meanwhile, the plaintiff, Johnny Stapleton, a truck driver for Martin Gas Company, was approaching the scene in the inside southbound lane. Stapleton's 18-wheeler was loaded with 9500 gallons of propane. Coming out of the south curve and approaching the scene in the northbound lane was a second 18-wheeler, owned by Great Lakes Chemical Corporation and operated by its employee, Max Henderson. Henderson's flatbed trailer contained three empty chemical tanks. Henderson was unable to stop his truck before reaching Ms. Brown's pickup truck. Although he avoided the Brown and Rivet vehicles and the pedestrians, Cooper and Rivet, the trailer of Henderson's truck swung into the inside southbound lane where it was struck by the cab of Mr. Stapleton's truck.

Mr. Stapleton suffered rather severe injuries in the accident, sustaining a concussion, two ruptured discs in his neck and two ruptured discs in his lower back, which together have necessitated five surgical procedures. Travelers Insurance Company, the worker's compensation insurer for Martin Gas Company, has paid medical expenses and weekly worker's compensation benefits to Mr. Stapleton, who remains unable to return to work.

The plaintiffs, Johnny and Judy Stapleton (Mrs. Stapleton sought damages for loss of her husband's consortium), filed suit against Max Henderson; his employer, Great Lakes Chemical Corporation; its liability insurer, Old Republic Insurance Company; Christina Brown; and her two automobile liability insurers, Louisiana Indemnity Insurance Company and Allstate Insurance Company. Plaintiffs allege that the accident was caused by the negligence of Max Henderson and/or Christina Brown. Travelers Insurance Company intervened in the lawsuit seeking to recover worker's compensation benefits and medical expenses it had paid to or on behalf of Mr. Stapleton.

A bifurcated trial was held with the jury deciding the plaintiff's principal demand and the trial court deciding matters raised by the intervention. The jury found no negligence on the part of either Mr. Henderson or Ms. Brown and judgment was accordingly rendered rejecting the Stapletons' demand for damages. The trial court issued a written opinion in the intervention proceeding. Citing LSA-R.S. 23:1101 D(1), the trial court noted that the claim for reimbursement of worker's compensation payments was to be tried before a judge only. The trial court found that it was not bound by the factual findings of the jury. The trial court found that Ms. Brown was not at fault and that her actions in stopping to render assistance were reasonable under the circumstances. Mr. Henderson was assessed with 50 percent of the fault based on the trial court's finding that he was driving too fast for the hazardous conditions of the highway. Mr. Stapleton was assessed with the remaining 50 percent of the fault, in that he was negligent for remaining in the inside southbound lane after observing the impending hazards. Judgment was rendered in favor of Travelers Insurance Company against Mr. Henderson, Great Lakes Chemical Corporation, and Old Republic Insurance Company in the sum of $102,713.25 plus 50 percent of all future medical expenses or worker's compensation benefits.

The Stapletons appeal from the judgment rendered on the jury verdict. Travelers Insurance Company, Mr. Henderson, Great Lakes Chemical Corporation, and Old Republic Insurance Company appeal the trial court judgment on the intervention.

CHALLENGES FOR CAUSE

The Stapletons first argue on appeal that the trial court erred in denying their challenges for cause of four prospective jurors. Although plaintiffs peremptorily challenged all of these prospective jurors, this contributed to the exhaustion of their peremptory challenges. Prospective jurors Rodney Banks and Debbie Abrahm expressed that each was a friend or acquaintance of Robert Shadoin, one of the defense attorneys for Mr. Henderson, et al. Mr. Banks socialized with Mr. Shadoin, essentially at church activities. Ms. Abrahm had known Mr. Shadoin for 15 to 20 years and they sometimes attended the same social functions. Prospective juror Kenneth Garner was challenged for cause as he and his company had been legally represented by Mr. Shadoin's law partner. Prospective juror Angela Futrell was challenged for cause because she used to work as an underwriter on claims for an insurance company and expressed her belief that jury verdicts are excessive. All four challenges for cause were denied when the prospective jurors stated and the trial court determined that the challenged relationships and situations would not affect each juror's consideration and verdict in the case.

LSA-C.C.P. Art. 1765 provides the grounds for a challenge for cause in a civil trial:

Art. 1765. Challenges for cause

A juror may be challenged for cause based upon any of the following:

(1) When the juror lacks a qualification required by law;

(2) When the juror has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial;

(3) When the relations whether by blood, marriage, employment, friendship, or enmity between the juror and any party or his attorney are such that it must be reasonably believed that they would influence the juror in coming to a verdict;

(4) When the juror served on a previous jury, which tried the same case or one arising out of the same facts;

(5) When the juror refuses to answer a question on the voir dire examination on the ground that his answer might tend to incriminate him.

The statute clearly parallels LSA-C.Cr.P. Art. 797, dealing with the grounds for a challenge for cause in a criminal trial. Accordingly, criminal jurisprudence on challenges for cause may properly be considered in civil cases. Andrews v. Mosley Well Service, 514 So.2d 491 (La.App. 3rd Cir.1987), writ denied, 515 So.2d 807 (La.1987); Bernard v. Richoux, 464 So.2d 856 (La.App. 5th Cir.1985).

A trial court is accorded great discretion in ruling on a challenge for cause and its ruling will not be disturbed on appeal unless review of the voir dire as a whole indicates an abuse of discretion. State v. Jones, 474 So.2d 919 (La.1985), cert. denied, 476 U.S. 1178, 106 S.Ct. 2906, 90 L.Ed.2d 992 (1986); State v. Lott, 574 So.2d 417 (La.App. 2d Cir.1991), writ denied, 580 So.2d 666 (La.1991).

A prospective juror's friendship or acquaintance with one of the attorneys involved in the case does not warrant the granting of a challenge for cause if the prospective juror makes it clear that such a relationship would not affect his or her verdict. State v. Moore, 575 So.2d 928 (La.App. 2d Cir.1991); State v. Johnson, 452 So.2d 1302 (La.App. 3rd Cir.1984). Nor does a prospective juror, having previously employed an attorney or his law firm on an unrelated legal matter, by itself, necessitate the granting of a challenge for cause. State v. Lee, 559 So.2d...