Bourgeois v. State Farm Mut. Auto. Ins. Co.
1990 WL 71743, 1990 La. App. LEXIS 1457, 562 So. 2d 1177 (1990)
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Rule of Law:
Under Louisiana Civil Code art. 2315.4, the term 'injuries' encompasses property damage, allowing for the recovery of exemplary damages even in the absence of bodily harm. A driver's extremely high blood alcohol level can, by itself, be sufficient proof of the 'wanton or reckless disregard for the rights and safety of others' required by the statute.
Facts:
- Joycelynn Gottfried was insured by State Farm Mutual Automobile Insurance Company.
- On August 22, 1988, Gottfried lost control of her vehicle while driving.
- Gottfried's vehicle collided with two unoccupied, parked vehicles owned by Edward Bourgeois and Alfred Smith.
- Following the collision, Gottfried was arrested for driving while intoxicated.
- A test revealed Gottfried's blood alcohol level to be .227, and she later pleaded guilty to the charges.
- State Farm paid Bourgeois and Smith for the property damage to their vehicles.
Procedural Posture:
- Edward Bourgeois and Alfred Smith filed suit against State Farm Mutual Automobile Insurance Company in a Louisiana trial court.
- The plaintiffs sought to recover exemplary damages under La.C.C. art. 2315.4.
- The case was submitted to the trial court on briefs in lieu of a trial.
- The trial court entered a judgment dismissing the plaintiffs' action.
- The trial court found that the statute did not apply to cases involving only property damage and that there was insufficient evidence of 'wanton or reckless disregard.'
- Plaintiffs Bourgeois and Smith (appellants) appealed the judgment to the Court of Appeal of Louisiana, Fourth Circuit.
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Issue:
Does Louisiana Civil Code art. 2315.4 permit the recovery of exemplary damages when an intoxicated driver causes only property damage, and can the driver's high level of intoxication alone satisfy the statute's requirement of a 'wanton or reckless disregard for the rights and safety of others'?
Opinions:
Majority - Plotkin, Judge
Yes. Louisiana Civil Code art. 2315.4 permits recovery for property damage alone, and an extremely high blood alcohol level is sufficient to prove a wanton and reckless disregard for safety. The court reasoned that the purpose of the statute is to deter drunk driving, a goal best served by a broad interpretation of the word 'injuries' to include property damage, as supported by its dictionary definition. Limiting the statute to bodily injury would lessen its deterrent effect. Furthermore, the statute requires proof of a 'wanton and reckless disregard,' which is a state of mind demonstrating conscious indifference to consequences, not necessarily a specific reckless action. Given the widespread knowledge of the dangers of drunk driving, operating a vehicle with a blood alcohol level of .227 is, in itself, an act of an unreasonable character in disregard of a known and obvious risk, thereby satisfying the 'wanton and reckless disregard' element without needing further evidence of erratic driving.
Analysis:
This decision significantly clarifies and expands the scope of Louisiana's exemplary damages statute for drunk driving incidents. By holding that 'injuries' includes property damage, the court opened the door for punitive claims in a much larger number of accidents where no one is physically harmed. More importantly, it established that an extremely high level of intoxication can be per se evidence of the 'wanton and reckless disregard' required by the statute. This lowers the evidentiary burden for plaintiffs, who may no longer need to prove specific dangerous driving maneuvers if the defendant's BAC is sufficiently high, making it easier to secure punitive awards meant to deter such behavior.
