Carter ex rel. Blair v. Brothers Lapalco, L.L.C.
118 So. 3d 1194
La. Ct. App.2013Background
- Blair sued Brothers Avondale, L.L.C. d/b/a Brothers Food Mart #128 and James River Insurance Co. for injuries from slipping on a wet floor inside the store; trial court awarded Blair $18,138.17 total after amendment; Brothers Avondale appeals.
- The accident occurred on Sept. 7, 2009; Blair slipped in the middle aisle after mopping activity and signs placement were in contention.
- A store employee (“Jose”) was mopping and a Wet Floor sign was placed near the display racks between the second and third aisles; Blair testified no sign was visible in the back or middle aisle.
- Manager Imad “Tony” Abdel testified policy required three Wet Floor signs during mopping; Blair fell in the center aisle where the sign’s placement was disputed; Blair’s videotape viewed at trial did not show the back or the middle aisle.
- A videotape showed Jose mopping the center aisle and moving a Wet Floor sign at the front; Blair was treated by Dr. Alden for cervical and lumbar strains; trial court found unreasonable risk and failure to exercise reasonable care.
- On appeal, issues raised include whether judgment naming a nonparty was proper, whether special damages/Medicaid lien were properly addressed, and whether liability and fault Allocation were correctly found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judgment against a nonparty | Brothers Avondale was the correct defendant; judgment mistakenly named Brothers Lapalco. | Judgment misnaming constitutes error requiring reversal or correction. | Judgment amended to substitute Brothers Avondale for Brothers Lapalco. |
| Special damages and Medicaid lien | Medical bills were stipulated at trial; Blair should not be prejudiced; any calculation error not remedying appeal. | Special damages unauthenticated; Medicaid lien not addressed; potential write-offs alleged. | Stipulation binds; Blair not entitled to relief on damages since Blair did not appeal; no merit to Medicaid-lien limitation. |
| Liability and comparative fault | Store failed to place Wet Floor signs properly; unreasonable risk existed; Blair did not contribute to center-aisle fall. | Signs were properly placed per policy; Blair’s testimony about sign absence disputed. | Trial court’s findings not manifestly erroneous; Blair not assigned fault; no apportionment to Blair. |
Key Cases Cited
- Harvey v. Traylor, 688 So.2d 1324 (La.App. 4 Cir. 1997) (clerical error; amend judgment to substitute correct party)
- Miller v. LAMMICO, 973 So.2d 693 (La. 2008) (judicial admission via stipulation binds parties)
- La. Louisiane Bakery Co. Ltd. v. Lafayette Ins. Co., 61 So.3d 17 (La.App. 5 Cir. 2011) (courts respect stipulations and procedural limits on relief)
- Bozeman v. State, 879 So.2d 692 (La. 2004) (nullity/ modification proofs required)
- Everhardt v. Louisiana Dep’t of Transp. & Dev., 978 So.2d 1036 (La.App. 4 Cir. 2008) (evidence notion and burden of production losses)
- Rosell v. ESCO, 549 So.2d 840 (La.1989) (manifest error standard and credibility assessment)
- Phipps v. Allstate Ins. Co., 924 So.2d 1081 (La.App. 5 Cir. 2006) (allocation of fault is a factual finding; defer to trier of fact)
- Savage v. State Farm Mut. Ins. Co., 33 So.3d 919 (La.App. 5 Cir. 2010) (credibility and witness testimony under manifest-error review)
- Cosby v. Holcomb Trucking, Inc., 942 So.2d 471 (La.2006) (manifest-error standard and evidentiary review)