Caskey v. Merrick Construction Co.
86 So. 3d 186
La. Ct. App.2012Background
- July 1, 2004 accident where Caskey struck a tree within a DOTD construction servitude while Merrick cleared land; jury allocated 79% Caskey fault, 21% Merrick fault; JNOV awarded Merrick 100% fault and increased damages; DOTD dismissed; tree’s location, wet marshy ground, shallow root system, and clearing activity near the detour route were central; expert testimony conflicted on tree’s cause and injury timing; damages included general, medical, and loss of consortium with future medicals awarded.
- Merrick cleared and grubbed within the servitude; evidence suggested heavy equipment may have damaged the root system and weakened the tree; project supervisor testified the tree lay at the start of the detour area and near wet ground; expert forestry testimony favored both sides on causation and wind effect.
- Trial court rejected immunity under La. R.S. 9:2771 and held Merrick at fault; JNOV increased damages for Caskey; on appeal court affirmed both fault assignment and damages.
- Caskey’s treating physician connected injuries to the accident, establishing causation and permanent impairment; pre-existing osteoarthritis amplified by the collision supported damages.
- This decision affirms the trial court’s judgment and allocates costs to Merrick.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Merrick was negligent for the tree | Caskey argues Merrick failed to exercise caution near a hazardous tree | Merrick contends the tree fell due to an act of God and is immune under 9:2771 | Merrick liable; not protected by immunity; failed to exercise reasonable care around the tree |
| JNOV on fault allocation | JNOV proper to assign 100% fault to Merrick due to lack of evidence of Caskey fault | JNOV should not override jury’s fault finding | JNOV on fault affirmed; no reasonable view supports jury’s 79% Caskey fault |
| Damages after JNOV | JNOV proper to increase damages due to abusively low jury award | Damages should be within jury’s discretion | Damages updated; trial court correct to adjust for abuse of discretion |
| Causation with pre-existing condition | Disc injury aggravated by accident; causation established | Pre-existing disc issue could explain symptoms | Jury could find aggravation; causation established; damages sustained under aggravation rule |
Key Cases Cited
- Saden v. Kirby, 660 So.2d 423 (La. 1995) (act-of-God defenses and causation analysis in wind/self-propelling events)
- Coco v. Winston Indus., Inc., 341 So.2d 332 (La. 1976) (abuse-of-discretion standard for damages in JNOV context)
- Scott v. Hospital Service Dist. No. 1 of St. Charles Parish, 496 So.2d 270 (La. 1986) (setting standards for JNOV and fault review)
- Joseph v. Broussard Rice Mill, Inc., 772 So.2d 94 (La. 2000) (criteria for granting JNOV on liability/damages)
- Hanks v. Entergy Corp., 944 So.2d 564 (La. 2006) (immunity/standard of duty; foreseeability considerations)
- Wainwright v. Fontenot, 774 So.2d 70 (La. 2000) (general damages compensability and aggravation of pre-existing conditions)