Munar v. State Farm Ins. Co.

Summary

The Louisiana Court of Appeal, Third Circuit, addressed liability arising from a pedestrian-vehicle accident after a bus passenger was discharged at a location other than her usual stop. The court reversed the finding that the Lafayette City-Parish Consolidated Government owed passenger-related duties after the passenger safely disembarked, reallocating fault as 80% to Maria Munar and 20% to Kurt Schmersahl. The court affirmed the damages award and denied Schmersahl's request for appellate attorney fees.

Holdings

1. A common carrier's heightened passenger duty and contract to transport for hire end when a passenger freely and safely disembarks at a safe location. After that point, the former passenger is owed only ordinary care. Because Munar safely exited the bus and reached the intersection without incident, the governmental defendant was not liable for the subsequent accident.
2. The trial court did not abuse its discretion by excluding evidence of Schmersahl's prior accidents because the evidence did not establish a habit or pattern and posed a risk of unfairly prejudicing the jury.
3. The jury's finding that Munar was seventy-five percent at fault was reasonably supported by the record and was not manifestly erroneous. After removing the governmental defendant's fifteen percent allocation, the court reassigned fault so that Munar was eighty percent at fault and Schmersahl was twenty percent at fault.
4. The trial court properly denied Munar's motion for JNOV on liability because the evidence did not point so strongly in her favor that reasonable persons could not reach a contrary verdict.
5. The trial court did not abuse its discretion by awarding $39,047, consisting of $20,000 in general pain and suffering damages, $7,500 for future loss of enjoyment of life, and $11,547 in medical expenses.
6. The trial court's original cost assessment was not an abuse of discretion, but the appellate court rendered judgment modifying costs to reflect the revised fault allocation: eighty percent to Munar and twenty percent to Schmersahl.
7. Schmersahl was not entitled to attorney fees for work performed on appeal because he was neither entitled to nor awarded attorney fees in the trial court.

Questions Presented

1. Whether Lafayette City-Parish Consolidated Government owed Munar a passenger-carrier duty after she safely disembarked from the bus at a safe location.
2. Whether the trial court abused its discretion by excluding evidence of Schmersahl's prior automobile accidents.
3. Whether the jury's allocation of fault was manifestly erroneous or clearly wrong.
4. Whether the trial court erred in denying Munar's JNOV motion on liability.
5. Whether the trial court abused its discretion in awarding $39,047 in damages.
6. Whether the trial court abused its discretion in allocating trial costs.
7. Whether Schmersahl was entitled to attorney fees for work performed on appeal.

Disposition

reversed_and_remanded