Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Palir v. Guideone Insurance Co.

Court of Appeals of Louisiana, Third Circuit

April 4, 2018

JOHN PALIR, III
v.
GUIDEONE INSURANCE COMPANY, ET AL.

          APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 2012-651 HONORABLE DAVID ALEXANDER RITCHIE, DISTRICT JUDGE

          Jack W. Caskey Attorney at Law 704 Ryan Street Lake Charles, LA, COUNSEL FOR PLAINTIFF/APPELLANT: John Palir, III

          Ryan N. Ours, Dodson, Hooks & Frederick, COUNSEL FOR DEFENDANTS/APPELLEES: GuideOne Insurance Company Topsy United Pentecoastal Church

          Mark R. Pharr, III, Patricia K. Penny, Galloway, Johnson, Tompkins, Burr & Smith, COUNSEL FOR DEFENDANTS/APPELLEES: GuideOne Insurance Company Topsy United Pentecoastal Church

          Keith L. Richardson, Guglielmo, Marks, Schutte, Terhoeve & Love LLP, COUNSEL FOR DEFENDANTS/APPELLEES: GuideOne Insurance Company Topsy United Pentecoastal Church

          Daniel McKean Livingston Payne & Fears, LLP, COUNSEL FOR DEFENDANT/APPELLEE: ITT Corporation

          Lawrence G. Pugh III, Pugh, Accardo, Haas, Radecker & Carey, L.L.C, COUNSEL FOR DEFENDANT/APPELLEE: ITT Corporation

          Court composed of Marc T. Amy, Shannon J. Gremillion, and Candyce G. Perret, Judges.

          SHANNON J. GREMILLION, JUDGE

         The plaintiff-appellant, John Palir, III, appeals the jury's verdict awarding him $192, 277.45 in general and special damages and assessing him with 50% of the fault in the explosion of a barbecue trailer. For the following reasons, we affirm.

         FACTUAL AND PROCEDURAL BACKGROUND

         Palir, who was the pastor of the Topsy United Pentecostal Church (the Church), was burned following the June 2009 explosion of the church-owned barbecue trailer. Palir and Deacon Clifton Reeves were attempting to light the barbecue pit in preparation for a barbecue chicken fundraiser the following weekend. Deacon Reeves depressed the pilot button; at the same time Palir lit the pilot with a lighter wand and a ball of fire ignited and blew Palir out of the barbecue trailer and into Terry Reeves, Deacon Reeves's grandson, who was standing in the doorway of the barbecue trailer when the explosion occurred. Palir filed suit against the Church and its insurer, GuideOne Insurance Company, in February 2012. On that same date, Palir filed a motion and order to consolidate Terry Reeves's suit, filed in January 2012, with his own. In June 2012, Palir added the manufacturer of the regulator controlling the pilot lighting system, ITT Corporation, as a defendant. In October 2012, Palir and Reeves file a joint amending and supplemental petition for damages citing the malfunction of the regulator and the negligence of the Church in causing injuries to Reeves and Palir.

         In March 2017, Palir filed a motion in limine to prevent a jury instruction on his fault based on the summary judgment granted in the consolidated matter of Reeves v. GuideOne Insurance Co., Docket No. 2012-0135 (Reeves matter). Palir was named as a defendant in the Reeves matter. In October 2012, in the Reeves matter, the trial court granted summary judgment in favor of Palir and dismissed all claims against him. Neither a record of the hearing on the motion nor reasons for judgment are included in the record before us. In the motion in limine, Palir urged that in granting the summary judgment in Palir's favor in the Reeves matter, the trial court determined that he was "not at fault" and the Church could not relitigate the issue based on the doctrine of res judicata.

         This matter proceeded to trial in March 2017. Palir's motion in limine to preclude any instruction to the jury relating to him being assessed fault, urging that res judicata barred any such evidence, was granted in part and denied in part. The Church was allowed to introduce evidence of Palir's negligence, but not evidence regarding whether Palir knew or should have known of a defective or hazardous condition in the barbecue trailer pursuant to La.Civ.Code art. 2317.1.

         Following a jury trial, the jury assessed Palir with 50% of the fault, and the Church with 50% of the fault. The jury made the following damage awards to Palir:

1) PAIN AND SUFFERING, PAST AND FUTURE $60, 000
2) MENTAL ANGUISH, PAST AND FUTURE $30, 000
3) LOSS OF ENJOYMENT OF LIFE, PAST AND FUTURE $10, 000
4) MEDICAL EXPENSES $81, 477.45
5) LOST WAGES $10, 800.00

         The trial court rendered a judgment in June 2017, in favor of Palir in the amount of $96, 138.72 based on the allocation of 50% of the fault to him. Palir now appeals. For the following reasons, we affirm.

         ASSIGNMENTS OF ERROR

         1. The trial court erred by allowing the jury to assess fault to John Palir, III;

         2. The jury erred by assessing or apportioning 50% fault ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.