287 So.3d 27
La. Ct. App.2019Background
- On Oct. 12, 2007, Martinez was struck in the face at Chevy's while attempting to break up an altercation; he sustained a fractured mandible that was wired shut for ~8–9 weeks.
- Martinez sued Wilson for battery (and Chevy's/insurers for negligence); Chevy's was later dismissed and the initial default judgment was vacated on appeal and remanded for further proceedings.
- Following a one-day bench trial, the trial court found for Martinez and awarded $35,128.66 (special and general damages); an amended and corrected final judgment was entered July 9, 2018.
- Wilson appealed, arguing the court should have found Martinez an intentional tortfeasor (permitting comparative apportionment), apportioned fault to others, found Wilson acted in self-defense, and erred in the damages award.
- The trial court credited Martinez and his witnesses over Wilson and his witnesses, finding Wilson provoked and lunged across the dance floor to strike Martinez.
- The court awarded past medical expenses, Smoothie King receipts (food), and general damages for pain and suffering; no future medical care or lost income was established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martinez was an intentional tortfeasor and fault should be apportioned | Martinez argued he acted to calm the situation and did not touch Wilson | Wilson argued Martinez intervened aggressively and committed an intentional tort, so fault should be apportioned | Court credited Martinez's testimony; no finding Martinez was an intentional tortfeasor and no apportionment to him was made |
| Apportionment to nonparties/other actors | Martinez: other actors not responsible for his injury | Wilson: fault should be shared with Forvendel, Devincent, Chevy's patrons, etc. | Court declined to apportion fault to nonparties; factfinder's allocation not manifestly erroneous |
| Self-defense | Martinez: assault was unprovoked; self-defense not available | Wilson: he reasonably perceived a threat and acted in self-defense | Court found disputed facts on threat; credited Martinez and witnesses and rejected Wilson's self-defense claim |
| Damages (amount, elements) | Martinez sought past/future medical, lost income, pain and suffering | Wilson argued award improper/excessive and future/lost income not proved | Court affirmed $35,128.66 as lump-sum for past medical, Smoothie King expenses, and pain/suffering; no abuse of discretion given record |
Key Cases Cited
- Stobart v. State, Department of Transportation and Development, 617 So. 2d 880 (La. 1993) (standard for appellate review of factual findings)
- Rosell v. ESCO, 549 So. 2d 840 (La. 1989) (deference to trial court credibility determinations)
- Landry v. Bellanger, 851 So. 2d 943 (La. 2003) (comparative fault includes intentional torts; self-defense as privilege)
- Specialized Commercial Lending, Inc. v. Murphy-Blossman Appraisal Servs., L.L.C., 978 So. 2d 927 (La. App. 1st Cir. 2007) (assessment of fault of negligent and intentional tortfeasors)
- Adams v. Rhodia, Inc., 983 So. 2d 798 (La. 2008) (credibility findings rarely manifestly erroneous)
- Bryan v. City of New Orleans, 737 So. 2d 696 (La. 1999) (lump-sum awards presumed to include all claimed items of damages)
- Blake v. City of Port Allen, 167 So. 3d 781 (La. App. 1st Cir. 2014) (deference to trier of fact in allocation of fault)
- Johnson v. Henry, 206 So. 3d 916 (La. App. 1st Cir. 2016) (review of lump-sum awards and abuse of discretion)
- Martinez v. Wilson, 185 So. 3d 65 (La. App. 1st Cir. 2015) (prior appellate disposition vacating default judgment and remanding)