State Farm Mut. Auto. Ins. Co. v. McCabe

• Decision Date: 05 November 2014
• Docket Number: 14–502.,Nos. 14–501,s. 14–501
• Citation: 150 So.3d 595
• Parties: STATE FARM MUTUAL AUTOMOBILE INS. CO., et al. v. Nancy McCABE, et vir.
• Court: Court of Appeal of Louisiana — District of US

150 So.3d 595

STATE FARM MUTUAL AUTOMOBILE INS. CO., et al.
v.
Nancy McCABE, et vir.

Nos. 14–501
14–502.

Court of Appeal of Louisiana, Third Circuit.

Nov. 5, 2014.

150 So.3d 596

Mickey Stephens deLaup, Thomas Paul Anzelmo, Jr., Mickey S. deLaup, APLC, Metairie, LA, for Defendants/Appellants–John McCabe and Nancy McCabe.

Terry George Aubin, Alexandria, LA, for Defendant/Appellee–Stephan Guillory.

James Everet Brouillette, Metairie, LA, for Plaintiff/Appellee–State Farm Mutual Automobile Insurance Co.

Misty Shannon Antoon, Alexandria, LA, for Defendants/Appellees–City of Alexandria and Stephan Guillory.

Derrick G. Earles, the Laborde Law Firm, Marksville, LA, for Plaintiffs/Appellees–Nicole Bordelon and Kenny Bordelon.

Emily G. Meche, Brian Caubarreaux & Associates, Marksville, LA, for Intervenor/Appellee–Brian M. Caubarreaux.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and BILLY HOWARD EZELL, Judges.

Opinion

THIBODEAUX, Chief Judge.

In this dispute following a vehicular collision, the trial court dismissed two defendants, Steven Guillory, defendant driver, and his employer, City of Alexandria, pursuant to granting their motion for summary judgment. Mr. Guillory collided with livestock roaming on a closed-range highway and then with another vehicle, driven by plaintiff, Ms. Bordelon. The remaining defendants, John and Nancy McCabe, the owners of the livestock, appealed, arguing that genuine issues of material fact exist as to the negligence of Mr. Guillory and his comparative fault in bringing about the injury to Ms. Bordelon. Reasoning that the liability of livestock owners under the stock-laws does not also preclude finding third-party liability under the comparative fault regime, we affirm the trial court's grant of partial summary judgment, but conclude the McCabes are entitled to a reduction in any judgment rendered against them for the comparative fault, if any, of Mr. Guillory and the City of Alexandria.

I.

ISSUE

We shall consider: (1) whether the trial court erred in granting summary judgment, resulting in the dismissal of defendants Stephen Guillory and the City of Alexandria, and (2) whether a judgment

150 So.3d 597

rendered against defendants John and Nancy McCabe should be reduced in accordance with the potential comparative fault of defendants Stephen Guillory and the City of Alexandria, even after being dismissed by summary judgment.

II.

FACTS AND PROCEDURAL HISTORY

On February 14, 2012, Steven Guillory collided with three cows on LA Highway 1, a designated closed-range highway under the stock-law statutes. Mr. Guillory was driving a vehicle owned by the City of Alexandria, his employer, and was in the course and scope of employment. After colliding with the cows, Mr. Guillory's vehicle collided with a vehicle driven by Nicole Bordelon, who was following the cows while traveling in the opposite direction.

It is undisputed that the cows belonged to John and Nancy McCabe and had inexplicably escaped from their fenced-in pasture. The cows were dark brown in color and had wandered into the roadway from the McCabe's property. The collision occurred at night and this portion of the highway was not lit, making the cows difficult to see.

Ms. Bordelon had come upon the cows while driving home and slowed to follow behind them. She called to notify the Sheriff's Department of their presence and then continued to follow behind the cows to alert oncoming drivers. When Mr. Guillory approached from the opposite direction, Ms. Bordelon began flashing her high-beam lights to alert him to the cows in the roadway. Mr. Guillory did not understand the warning and continued driving at the 55 mph speed limit. Mr. Guillory flashed his high-beams back at Ms. Bordelon to indicate he had been driving with his low-beam lights on and not his high-beam lights. Mr. Guillory soon after struck the three cows in the roadway. Mr. Guillory denies ever seeing the cows before impact.

Suit was first filed by State Farm Mutual Automobile Insurance, Ms. Bordelon's insurer, for the property damages to the Bordelon vehicle. A second suit was subsequently filed by Ms. Bordelon. The two suits were consolidated. The City of Alexandria and Stephan Guillory moved for summary judgment following discovery. The trial judge concluded there...