Bobby Kirklin and Susie Kirklin v. William Anglin, et al., consolidated with Dennis Kirklin v. Brotherhood Mutual Insurance Company, et al.

Summary

The Louisiana Court of Appeal, Third Circuit, affirmed a judgment adopting a jury verdict that William Anglin was not negligent in a rear-end collision involving Dennis Kirklin. The court held that the sudden emergency doctrine was not an affirmative defense requiring specific pleading and that the trial record supported the jury’s finding that Anglin was not at fault. The court also declined to award damages for a frivolous appeal.

Holdings

1. The denial of Kirklin's motion for partial summary judgment remained reviewable on appeal from the final judgment, but the court was required to review the entire trial record rather than the limited evidence submitted with the summary-judgment motion.
2. The sudden emergency doctrine is not an affirmative defense that must be specifically pleaded in the defendant's answer.
3. The jury's finding that Anglin was not negligent was supported by a reasonable factual basis and was not manifestly erroneous.
4. Anglin was not entitled to frivolous-appeal damages because, although the appeal lacked merit, the record did not show that it was taken to cause unnecessary delay or expense.

Questions Presented

1. Whether the trial court erred in denying Kirklin's motion for partial summary judgment on liability after the case had been fully tried.
2. Whether the sudden emergency doctrine was an affirmative defense that Anglin waived by failing to plead it specifically.
3. Whether the evidence supported the jury's finding that Anglin was not negligent in causing the rear-end collision.
4. Whether Anglin was entitled to damages under Louisiana Code of Civil Procedure article 2164 for a frivolous appeal.

Disposition

affirmed