Preview:

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #020 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 16th day of March, 2010, are as follows:

BY WEIMER, J.:

2009-C -1408 C/W 2009-C -1428

BRIAN SHANE BREWER v. J. B. HUNT TRANSPORT, INC. AND ROBERT E. JACKSON (Parish of Livingston)

Kimball, C. J., did not participate in the deliberation of this opinion. For the foregoing reasons, we affirm the decision of the court of appeal insofar as it finds both plaintiff, Brewer, and defendants, Jackson and Hunt, at fault with regard to the accident at issue. However, we reverse regarding the percentages of fault of the parties. Brewer is determined to be 70 percent at fault and Jackson and Hunt are 30 percent at fault. In all other respects, the judgment of the court of appeal is affirmed. The case is remanded to the district court to confect an appropriate monetary judgment based upon the fault percentages and the gross damages awarded. REVERSED IN PART; AFFIRMED IN PART; REMANDED. VICTORY, J., dissents and assigns reasons. GUIDRY, J., concurs in part, dissents in reasons.

part,

and

assigns

3/16/2010 SUPREME COURT OF LOUISIANA
No. 09-C-1408 c/w 09-C-1428 BRIAN SHANE BREWER VERSUS J.B. HUNT TRANSPORT, INC. AND ROBERT E. JACKSON
On Writ of Certiorari to the Court of Appeal, First Circuit, Parish of Livingston

WEIMER, Justice1 This case arises out of a suit for personal injuries sustained when twenty-threeyear old Brian Shane Brewer (Brewer), driving a 1994 Chevrolet pickup truck on Interstate I-12 in Livingston Parish, rear-ended an 18-wheel tractor-trailer owned by J.B. Hunt Transport, Inc. (Hunt) and being operated by its employee, Robert E. Jackson (Jackson). The entire front cab of Brewer's truck was crushed beneath the 18-wheeler, resulting in permanent, life-altering injuries to Brewer. Following a two-week trial, the jury returned a verdict in favor of the defendants, finding Brewer 100 percent at fault for the collision. On appeal, the court of appeal reversed the jury's allocation of 100 percent fault to Brewer, concluding that the jury's fact-finding process was interdicted by a legal error on the part of the district court in allowing the jury to hear references of Brewer's prior bad acts, which were irrelevant to the accident. Conducting a de novo review of the record, the court of appeal found Hunt and Jackson to be 60 percent at fault for the accident. Brewer

1

Kimball, C.J., did not participate in the deliberation of this opinion.

was assessed with 40 percent of the fault. Special damages in the amount of $10,677,634.93 and general damages in the amount of $2,500,000.00, to be reduced in proportion to Brewer's degree of fault, were awarded. We granted certiorari primarily to review the appellate court's decision to conduct a de novo review of the record. After reviewing the record and the arguments of the parties, we find the court of appeal erred in conducting a de novo review. Reviewing the judgment under the appropriate manifest error standard, we nevertheless find the jury was manifestly erroneous in determining Hunt and Jackson were free from fault in the accident. Cognizant of the rule under which a reviewing court, in disturbing a clearly wrong allocation of fault, is limited to lowering or raising the fault allocation to the highest or lowest point respectively, which is reasonably within the trier of fact's discretion,2 we find Hunt and Jackson to be 30 percent at fault and Brewer 70 percent at fault for the accident. In all other respects, the judgment of the court of appeal is affirmed. FACTS AND PROCEDURAL HISTORY The accident that gives rise to this litigation occurred at approximately 12:51 p.m. on January 13, 2000, on Interstate I-12 near milepost 11.1 in Livingston Parish. At that time, Jackson and Brewer were traveling in an easterly direction on the interstate

Download 2009-C-1408 C/W 2009-C-1428 BRIAN SHANE BREWER v. J. B. HUNT TRANSPORT, INC. AND

Louisiana Law