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State Farm Mut. Auto. Ins. Co. v. McCabe

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

STATE FARM MUTUAL AUTOMOBILE INS. CO., ET AL.
v.
NANCY MCCABE, ET VIR

APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, NO. 246,039 C/W 246,564. HONORABLE THOMAS MARTIN YEAGER, DISTRICT JUDGE.

Mickey Stephens deLaup, Thomas Paul Anzelmo, Jr., Mickey S. deLaup, APLC, Metairie, LA, COUNSEL FOR: Defendants/Appellants - John McCabe and Nancy McCabe.

Terry George Aubin, Alexandria, LA, COUNSEL FOR: Defendant/Appellee - Stephan Guillory.

James Everet Brouillette, Metairie, LA, COUNSEL FOR: Plaintiff/Appellee - State Farm Mutual Automobile Insurance Co.

Misty Shannon Antoon, Alexandria, LA, COUNSEL FOR: Defendants/Appellees - City of Alexandria and Stephan Guillory.

Derrick G. Earles, The Laborde Law Firm, Marksville, LA, COUNSEL FOR: Plaintiffs/Appellees - Nicole Bordelon and Kenny Bordelon.

Emily G. Meche, Brian Caubarreaux & Associates, Marksville, LA, COUNSEL FOR: Intervenor/Appellee - Brian M. Caubarreaux.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, and Billy Howard Ezell, Judges.

OPINION

Page 596

[14-501 La.App. 3 Cir. 1] THIBODEAUX, Chief Judge.

In this dispute following a vehicular collision, the trial court dismissed two defendants, Steven Guillory, defendant driver, and his employer, City of Alexandria, pursuant to granting their motion for summary judgment. Mr. Guillory collided with livestock roaming on a closed-range highway and then with another vehicle, driven by plaintiff, Ms. Bordelon. The remaining defendants, John and Nancy McCabe, the owners of the livestock, appealed, arguing that genuine issues of material fact exist as to the negligence of Mr. Guillory and his comparative fault in bringing about the injury to Ms. Bordelon. Reasoning that the liability of livestock owners under the stock-laws does not also preclude finding third-party liability under the comparative fault regime, we affirm the trial court's grant of partial summary judgment, but conclude the McCabes are entitled to a reduction in any judgment rendered against them for the comparative fault, if any, of Mr. Guillory and the City of Alexandria.

I.

ISSUE

We shall consider: (1) whether the trial court erred in granting summary judgment, resulting in the dismissal of defendants Stephen Guillory and the City ...


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