174 So. 3d 56
La. Ct. App.2015Background
- On Feb 11, 2009, Cajun painter Felio (unauthorized on a large Hyster forklift) delivered a 2,800 lb aluminum generator cover to Shamrock; while backing out the forklift, the cover flipped and crushed Shamrock employee Westley Bourg’s left foot. Bourg required multiple surgeries and developed complex regional pain syndrome.
- Parties: Bourg (plaintiff), Cajun Cutters and Felio (defendants); Shamrock (Bourg’s employer) and LOCA (workers’ comp insurer/intervenor). Jury found all negligent and apportioned fault 90% to Bourg/Shamrock and 10% to Cajun/Felio; awarded ~ $1.94M in damages (including $250,000 general damages).
- Trial court granted partial JNOV reallocating fault to 50/50 between Bourg/Shamrock and Cajun/Felio; denied increase in general damages. Parties appealed (defendants sought reinstatement of jury verdict; Bourg and LOCA sought more fault on defendants and larger general damages).
- On appeal the court applied the Louisiana JNOV standard (grant only if facts/inferences overwhelmingly favor moving party) and duty-risk negligence framework and reviewed whether reasonable jurors could have reached the original apportionment.
- Appellate court concluded the record contained sufficient evidence to support the jury’s 90/10 apportionment (Shamrock employees’ rushed preparation, placement of timbers, failure to perform a job safety analysis, active involvement in the delivery) and reinstated the jury verdict as to fault; it also affirmed the $250,000 general damage award and the trial court’s allocation of costs.
Issues
| Issue | Plaintiff's Argument (Bourg) | Defendant's Argument (Cajun/Felio) | Held |
|---|---|---|---|
| Whether trial court properly granted JNOV reallocating fault | JNOV proper because Cajun/Felio’s forklift error overwhelmingly caused injury; Cajun should bear full or majority fault | Jury verdict (90% Bourg/Shamrock, 10% Cajun/Felio) was supported by evidence; JNOV inappropriate | Reversed in part: JNOV grant on fault was erroneous; jury’s 90/10 apportionment reinstated |
| Sufficiency of evidence to allocate comparative fault | Bourg sought 100% or greater allocation to defendants | Cajun/Felio argued Bourg/Shamrock’s conduct (timber placement, failure to clear shop, no job safety analysis, guiding forklift) was primary cause | Court held reasonable jurors could assign primary fault to Bourg/Shamrock given active role and causal connection |
| Adequacy of general damages ($250,000) | Bourg/LOCA argued $2,000,000 minimum for permanent injury and RSD | Defendants pointed to surveillance video and IME suggesting exaggeration; recommended $250,000 | Court affirmed $250,000 award as within jury discretion and supported by conflicting evidence |
| Allocation of costs by trial court | Bourg sought assessment favorable to him | Defendants challenged trial court’s post-JNOV cost split (70% defendants, 10% LOCA, 20% Bourg) | Court upheld cost allocation as not an abuse of discretion |
Key Cases Cited
- Joseph v. Broussard Rice Mill, Inc., 772 So.2d 94 (La. 2000) (standard for granting JNOV: facts and inferences must overwhelmingly favor moving party)
- Smith v. State, Dept. of Transp. & Dev., 899 So.2d 516 (La. 2005) (appellate review of JNOV employs same rigorous standard as trial court)
- Granger v. United Home Health Care, 145 So.3d 1071 (La. Ct. App. 1st Cir. 2014) (discussing appellate review when trial court reapportions fault via JNOV)
- Watson v. State Farm Fire & Cas. Ins. Co., 469 So.2d 967 (La. 1985) (Watson factors for fault allocation analysis)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (abuse-of-discretion standard and deference to jury in quantum of general damages)
- Coco v. Winston Indus., 341 So.2d 332 (La. 1976) (use of prior awards only after finding abuse of discretion in quantum)