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Marable v. Empire Truck Sales of Louisiana, LLC

Citations: 221 So. 3d 880; 2017 WL 2705770Docket: NO. 2016-CA-0876, NO. 2016-CA-0877, NO. 2016-CA-0878

Court: Louisiana Court of Appeal; June 23, 2017; Louisiana; State Appellate Court

Narrative Opinion Summary

This case involves a products liability claim under the Louisiana Products Liability Act (LPLA) against Daimler Trucks North America (DTNA) following an accident that caused severe injuries to Connie Marable. The plaintiff contended that the tractor manufactured by DTNA was unreasonably dangerous due to its design, which led to her being pinned under the vehicle, resulting in permanent disabilities. A jury found DTNA liable, attributing 90% of the fault to DTNA and 10% to Mr. Marable, the tractor's owner. The jury awarded significant damages to compensate for the plaintiff's medical expenses, pain and suffering, and loss of enjoyment of life. DTNA's motion for Judgment Notwithstanding the Verdict (JNOV) was denied by the trial court, as the evidence supported the jury's findings. DTNA appealed the judgment, challenging both the liability under the LPLA and the damages awarded, claiming they were excessive and unsupported. Additionally, DTNA raised a prescription exception, asserting the claims were filed beyond the one-year prescriptive period; however, this was rejected by the appellate court as the plaintiff's interdiction status tolled the prescription. The appellate court affirmed the trial court's judgment, maintaining the jury's fault allocation and the damages awarded, despite DTNA's arguments. The court emphasized the jury's role as the fact-finder and upheld the denial of DTNA's prescription exception, concluding that the plaintiff's claims were timely filed.

Legal Issues Addressed

Allocation of Fault

Application: The jury allocated 90% fault to DTNA and 10% to Mr. Marable, a decision that was upheld by the trial and appellate courts.

Reasoning: The allocation of fault was set at 90% for DTNA and 10% for Mr. Marable, which remained unchanged on appeal.

General and Special Damages

Application: The jury awarded $40,000,000 in general damages and $10,549,399 in special damages for future medical and life care expenses, which DTNA argued were excessive but were upheld as not clearly wrong.

Reasoning: Connie Marable's injuries were severe, permanent, and debilitating, necessitating 24-hour care for life and preventing her from returning to her prior lifestyle.

Judgment Notwithstanding the Verdict (JNOV)

Application: DTNA's motion for JNOV was denied by the trial court, as the evidence did not overwhelmingly favor DTNA, and reasonable jurors could find in favor of the plaintiff regarding liability under the LPLA.

Reasoning: The trial court denied the JNOV motion after a hearing and rendered judgment on June 13, 2016.

Prescription under Louisiana Law

Application: DTNA's exception of prescription was denied, as the plaintiff's status as an interdict within the prescriptive period stopped the prescription from running.

Reasoning: Article 3492 establishes that prescription ceases to run against an interdict at the point of interdiction.

Products Liability under Louisiana Products Liability Act (LPLA)

Application: The plaintiff alleged that the tractor was unreasonably dangerous due to its design, which contributed to her injuries. The jury found DTNA liable, concluding that the tractor's design was indeed unreasonably dangerous, leading to the plaintiff's severe injuries.

Reasoning: In April 2016, a jury found that DTNA’s design was unreasonably dangerous and that Mr. Marable was negligent, attributing 90% of the fault to DTNA and 10% to Mr. Marable.