Wingfield v. State through Department of Transportation and Development5/14/2004
On August 6, 1994, a tragic and fatal accident occurred west-bound on the I-10 approach to the Mississippi River Bridge in Baton Rouge, Louisiana. An eighteen-wheeler, driven by Kenneth Clark, hit the guard rail, jackknifed, and rolled over the railing onto a highway below the west-bound interstate highway. The only passenger in the truck, Jack Ray Wingfield, was killed. The driver, Mr. Clark, was injured and entered a permanent unresponsive state, which required constant care. Various family members of the driver and passenger filed suit. See Wingfield v. State, Department of Transportation and Development, 01-2668, 01-2669 (La.App. 1 Cir. 11/8/02), 835 So.2d 785, writs denied, 03-0313 (La.5/30/03), 845 So.2d 1059; 03-0339, 03-0349 (La.5/30/03), 845 So.2d 1060, cert. denied, Louisiana ex rel. Department of Transportation and Development, ___ U.S. ___, 124 S.Ct. 419, 157 L.Ed.2d 282 (2003). Included among the defendants were the State of Louisiana, Department of Transportation and Development (DOTD), and its insurer, National Union Fire Insurance Company.
In response to plaintiffs' allegations of a defective roadway, DOTD asserted the defense that Mr. Clark was driving while impaired by the use of marijuana. On that issue, plaintiffs filed a motion for a Daubert hearing and for summary judgment. Wingfield, 01-2668, 01-2669 at p. 7, 835 So.2d at 795; see Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993); State v. Foret, 628 So.2d 1116 (La.1993). After the hearing, the trial court found that the evidence was insufficient to support a conclusion of impairment and excluded the impairment issue evidence. The trial court also granted plaintiffs' motion for summary judgment and dismissed the defense of impairment. The evidence, however, was proffered. Wingfield, 01-2668, 01-2669 at pp. 7-8, 835 So.2d at 795.
After the trial on the merits, the jury found DOTD, its insurer, and Mr. Clark liable for the accident, and awarded damages in the millions. In the final judgment, the trial judge ordered DOTD, and its insurer, to pay 66% of all taxable costs and legal interest. Wingfield, 01-2668, 01-2669 at p. 4, 835 So.2d at 793.
Plaintiffs filed post-trial motions, including a rule to tax costs, which were heard on July 23, 2001 and taken under advisement. Wingfield, 01-2668, 01-2669 at p. 4, 835 So.2d at 793. The costs at issue were expert and related fees arising from the Daubert hearing and the trial on the merits.
On the appeal of the merits, the great majority of the evidence presented at the Daubert hearing, but excluded from the trial, was found by this court to be admissible. However, after a review of the evidence, this court held that impairment had not been sufficiently proved. Wingfield, 01-2668, 01-2669 at p. 15, 835 So.2d at 800. Although adjustments were made to the damages, the remainder of the judgment was affirmed. See Wingfield, 01-2668, 01-2669 at p. 38, 835 So.2d at 812-13.
On December 30, 2002, after the appeal on the merits had been decided, the trial court issued written reasons for its decision on the rule to tax costs. On January 22, 2003, judgment was rendered and signed. The judgment awarded $23,867.43 for Daubert hearing costs, and for the trial, $61,931.61. DOTD and its insurer were ordered to pay $40,874.86, or 66% of the costs awarded. DOTD appealed. We affirm in part, reverse in part, render and remand.
On appeal, DOTD challenges the award of certain expert fees and related costs. For costs from the Daubert hearing, DOTD argues that the trial court erred in awarding fees and costs to the parties who lost on appeal. Secondly, DOTD asserts that the court abused its discretion
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