Darre Finney and Glenda Marie Smith v. The Board of Commissioners of the Port of New Orleans, M/V CMA CGM Bianca and Teucarrier No. 3 Corp.

Summary

The Louisiana Fourth Circuit Court of Appeal vacated both the August 15, 2024 and November 15, 2024 judgments in a personal-injury action arising from a gantry-crane incident at the Port of New Orleans. The court held that the November judgment improperly made substantive amendments to the original judgment and was an absolute nullity. It also held that the original judgment failed to include required findings concerning fault, causation, and the classification of damages, and remanded for a compliant judgment.

Holdings

1. The second judgment was an improper substantive amendment and therefore an absolute nullity because it added a loss-of-consortium award and materially changed the structure of the damages award without use of the procedures required to alter the substance of a final judgment.
2. The original judgment was deficient and had to be vacated because it failed to make the specific findings required by Louisiana Code of Civil Procedure articles 1917(B) and 1812(C), including findings regarding fault, legal causation, degrees of fault, and the categorization of damages.

Questions Presented

1. Whether the trial court's November 15, 2024 judgment was an impermissible substantive amendment of the August 15, 2024 final judgment.
2. Whether the August 15, 2024 judgment was deficient because it failed to make the specific findings required in a bench trial involving damages for injury, death, or loss.
3. Whether both judgments had to be vacated and the matter remanded for entry of a judgment complying with Louisiana Code of Civil Procedure articles 1917 and 1812.

Disposition

vacated