Gutierrez v. Louisiana Department of Transportation & Development
92 So. 3d 380
| La. Ct. App. | 2012Background
- April 27, 2004, accident at the intersection of LA 931 and 431 in Ascension Parish involved Melissa Gutierrez and her four children; DOTD was defendant.
- Plaintiffs alleged the intersection's design, construction, and traffic control created a dangerous trap for motorists; the other vehicle's driver was not a party.
- Trial was bifurcated: Dustin’s claim tried by jury; others (bench-trial plaintiffs) tried to the bench; jury found no fault by DOTD; bench found DOTD 25% at fault.
- The trial court reconciled the jury and bench decisions by assigning 25% fault to DOTD and 75% to Gutierrez, and awarded damages.
- DOTD appealed, arguing the liability issue should not be decided in the bench trial and that a JNOV should not have overridden the jury verdict; plaintiffs cross-appealed on fault apportionment and damages.
- The appellate court reversed the JNOV and reinstated the jury verdict absolving DOTD of fault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was reconciliation of jury and bench verdicts on liability proper? | Gutierrez argues DOTD’s liability cannot be merged across triers of fact. | DOTD contends reconciliation was permissible under bifurcated-trial principles. | JNOV improper; jury verdict absolving DOTD should control. |
| Should the jury verdict absolving DOTD of fault be reinstated after JNOV? | Gutierrez seeks continued liability finding against DOTD and higher damages. | DOTD maintains no fault should be assigned to DOTD. | Jury verdict absolving DOTD of fault reinstated; DOTD not liable. |
Key Cases Cited
- Fontenot v. Patterson Insurance, 997 So.2d 529 (La. 2008) (bifurcated trials haunt harmonization; avoid conflicting liability decisions)
- Davis v. Wal-Mart Stores, Inc., 774 So.2d 84 (La. 2000) (standard for granting a JNOV)
- Templet v. State ex rel. Dep’t of Transp. and Dev., 818 So.2d 54 (La.App. 1 Cir. 2001) (jury verdict should not be replaced without proper basis)
- Lewis v. State Farm Mut. Auto. Liability Ins. Co., 36 So.3d 970 (La.App. 1 Cir. 2010) (trial court may not weigh evidence when reviewing JNOV)
- Thorton v. Moran, 348 So.2d 79 (La.App. 1 Cir.) (harmonizing conflicting verdicts in bifurcated trials)
- Hartec Corp. v. GSE Associates, Inc., 91 So.3d 375 (La.App. 1 Cir. 2012) (overview of methods for resolving conflicting verdicts)
- Pugeau v. Hebert, 760 So.2d 325 (La. 2000) (right to a jury trial is favored in civil cases)