144 So. 3d 922
La.2014Background
- Collision between Shenan Purvis (plaintiff) and Jana Lashley (defendant bus driver) on a curved, narrow rural road in Grant Parish; no centerline on J.D. Camp Road; bus and car collided in the curve with left-front portions contacting.
- Court conducted bench trial with liability and damages bifurcated; district court allocated 60% fault to defendants and 40% to plaintiff.
- Damages awarded by district court: property $6,834.50; rental car $2,133.15; past medical $27,822.83; general damages $7,500; no future medical or lost wages; costs split by fault.
- Court of Appeal reversed district court on fault and increased plaintiff’s damages; remanded for new damages calculation; Supreme Court granted certiorari to address fault and damages issues.
- Final disposition: Louisiana Supreme Court reversed Court of Appeal, reinstated district court’s judgment in full (fault and damages), with dissenting opinions noted by Justices Knoll and Hughes; separate suits referenced but consolidated for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate reversal of fault allocation was proper | Purvis: district court’s 40% fault for plaintiff supported by credibility and fact-finding | GPSB/Lashley: plaintiff primarily at fault; appellate reversal appropriate | Court erred; district court's 40% fault upheld and appellate reversal reversed |
| Whether damages award was properly increased on appeal | Purvis: damages supported by evidence; district court discretion proper | GPSB/Lashley: appellate should award higher damages for general and future medicals | Court held district court’s damages within substantial discretion; appellate increase reversed and district award reinstated |
| What standard governs appellate review of trial court fault determinations | Purvis: defer to trial court credibility; record supports 40% fault | GPSB/Lashley: appellate should correct manifest error if evident in record | Manifest error standard applied; Court affirmed trial court’s factual findings given record evidence |
| Whether the district court properly allocated costs | Purvis: costs should reflect fault allocation | GPSB/Lashley: costs in line with fault | Costs reinstated consistent with fault allocation; appellate reversal of costs rejected |
Key Cases Cited
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (reaffirms deferential review of trial court factual findings when credibility is involved)
- Stobart v. State, through DOTD, 617 So.2d 880 (La. 1993) (two-part test for manifest error in trial court findings)
- Watson v. State Farm Fire and Cas. Ins. Co., 469 So.2d 967 (La. 1985) (factors for fault allocation under La. Civ. Code art. 2323)
- London Towne Condominium Homeowner’s Association v. London Towne Co., 939 So.2d 1227 (La. 2006) (review for manifest error; defer to trial court on credibility)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (abuse of discretion standard for general damages; appellate scrutiny limited)