Brigid A. Connell and Kenneth D. Goforth v. Richwood Gardens, Inc., Keith A. McGough, State Farm Mutual Automobile Insurance Company, Dustin B. DeMoss and Progressive Insurance Company

Summary

The Louisiana Second Circuit Court of Appeal affirmed a judgment finding Dustin B. DeMoss 100% at fault for a three-vehicle collision and finding no negligence by Richwood Gardens, Inc. or Keith A. McGough. The court held that the district court did not commit manifest error in its jury instructions or in denying the plaintiffs’ motion for a new trial.

Holdings

1. The district court did not commit manifest error by declining to give the appellants' requested special instructions concerning the operation of farm or construction equipment on the highway. The instructions given correctly stated the substance of the applicable law, were not misleading, and adequately addressed the issues for the jury.
2. The jury's determination that DeMoss was 100 percent at fault and that Richwood Gardens was not negligent was reasonably supported by the evidence. The district court therefore did not err in denying the motion for a new trial.

Questions Presented

1. Whether the district court manifestly erred by refusing to give requested jury instructions concerning the alleged illegal operation of the backhoe under La. R.S. 32:263(B) and La. R.S. 32:298(A), and the related principles discussed in Brooks v. State ex rel. Department of Transportation & Development and Barber Bros. Contracting Co., LLC v. Capitol City Produce Co., LLC.
2. Whether the jury's finding that Richwood Gardens and its employees were not negligent and that DeMoss was 100 percent at fault was contrary to the law and evidence such that a new trial was required.

Disposition

affirmed