Toby J. Broussard v. Brown's Furniture of Lafayette, Inc.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

13-596

TOBY J. BROUSSARD

VERSUS

BROWN’S FURNITURE OF LAFAYETTE, INC., ET AL.

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. C-20103489
HONORABLE DURWOOD WAYNE CONQUE, DISTRICT JUDGE

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SHANNON J. GREMILLION
JUDGE

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Court composed of John D. Saunders, Shannon J. Gremillion, and Phyllis M.
Keaty, Judges.

AFFIRMED.

Jacob B. Fusilier
J. Wendel Fusilier
Attorneys at Law
P. O. Box 528
Ville Platte, LA 70586-0000
(337) 363-6661
COUNSEL FOR DEFENDANTS/APPELLEES:
Brown’s Furniture of Lafayette, Inc.
Jasper J. Fontenot

John Martin Jefcoat
Robert Mark Martina
Britney L. Hebert
Gallow Jeffcoat, L.L.P.
P. O. Box 61550
Lafayette, LA 70596
(337) 984-8020
COUNSEL FOR PLAINTIFF/APPELLANT:
Toby J. Broussard

GREMILLION, Judge.

Toby J. Broussard appeals the dismissal granted to the defendants, Brown’s

Furniture of Lafayette, Inc. (Brown’s), and Jasper Fontenot, pursuant to an

exception of res judicata. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Broussard alleges that he was injured on May 23, 2009, when Fontenot, his

supervisor at Brown’s, grabbed him and violently shook him. As a result of this

incident, Broussard initiated a claim for workers’ compensation benefits. He also

filed the instant civil suit.

The parties successfully mediated the workers’ compensation claim on April

7,2011. Broussard executed a receipt and release of all claims on May 10, 2011.

The settlement was approved, and Broussard’s claim was dismissed on May 12,

2011. The defendants then filed an exception of res judicata in which they asserted

that the dismissal of the workers’ compensation proceeding acted to preclude the

district court matter. Broussard sought to introduce the mediation agreement to

demonstrate that only the workers’ compensation claim was intended to be

resolved. Brown’s and Fontenot moved to strike the mediation agreement on the

grounds that its introduction was prohibited by La.R.S. 9:4112, governing the

confidentiality of mediation proceedings. 1 The trial court struck the mediation

agreement and maintained the exception. Broussard then took this appeal.

ASSIGNMENTS OF ERROR

Broussard assigns the striking of the mediation agreement and the granting

of the exception as two errors committed by the trial court.
1
Louisiana Revised Statute 9:4112 provides that “all written and oral communications
and records” made during a mediation are exempt from disclosure except in specific
circumstances. Those circumstances are not present here. The receipt and release was executed
after the mediation, so the statute does not even arguably apply.

ANALYSIS

Res judicata is governed by La.R.S. 13:4231, which provides:

Except as otherwise provided by law, a valid and final
judgment is conclusive between the same parties, except on appeal or
other direct review, to the following extent:

(1) If the judgment is in favor of the plaintiff, all causes of
action existing at the time of final judgment arising out of the
transaction or occurrence that is the subject matter of the litigation are
extinguished and merged in the judgment.

(2) If the judgment is in favor of the defendant, all causes of
action existing at the time of final judgment arising out of the
transaction or occurrence that is the subject matter of the litigation are
extinguished and the judgment bars a subsequent action on those
causes of action.

(3) A judgment in favor of either the plaintiff or the defendant
is conclusive, in any subsequent action between them, with respect to
any issue actually litigated and determined if its determination was
essential to that judgment.

A valid compromise can form the basis for an exception of res judicata. Atwell v.

Nat’l Safety Consultants, Inc., 97-1561 (La.App. 3 Cir. 4/1/98), 713 So.2d 495,

writ denied, 98-1866 (La. 10/30/98), 727 So.2d 1164. “A compromise precludes

the parties from bringing a subsequent action based upon the matter that was

compromised.” La.Civ.Code art. 3080. In the context of workers’ compensation

matters, it is the settlement document that governs the relations between the parties

and not the workers’ compensation judge’s order of approval or the judgment of

dismissal. Tyson v. Thompson Home Health, 10-1040 (La.App. 3 Cir. 3/16/11), 59

So.3d 509, writ granted, 11-760 (La. 6/3/11), 63 So.3d 1020, writ denied as

improvidently granted, 11-760 (La. 10/25/11), 79 So.3d 246.

In the present matter, the receipt and release executed by Broussard was

introduced in support of the exception of res judicata. That document reads, in

pertinent part (Emphasis added):

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RECEIPT AND RELEASE

WHEREAS, on or about May 23, 2009, Toby Broussard was
employed by Brown’s Furniture of Lafayette as a tire service
technician when he claims to have sustained physical injuries while in
the course and scope of his employment;

WHEREAS, Toby Broussard has claimed that as a result of said
accident, he has required medical treatment compensable under the
Louisiana Workers’ Compensation Laws and, therefore, is entitled to
receive and be paid indemnity and workers’ compensation medical
benefits for the period of his disability plus all medical expenses;

WHEREAS, Brown’s Furniture of Lafayette and Stonetrust
Commercial Insurance Company specifically deny that Toby
Broussard sustained a physical injury by accident that arose out of and
in the course and scope of said employment and deny that he is
entitled to any benefits whatsoever;

WHEREAS, Toby Broussard, a person of the full age of
majority and a resident of and domiciled in the Parish of Lafayette,
State of Louisiana, who declared that he and Brown’s Furniture of
Lafayette and Stonetrust Commercial Insurance Company have
entered into negotiations for the purpose of adjusting their differences
and putting an end to any future litigation and have mutually agreed
upon an amicable compromise and settlement of any and all claims,
demands, actions, suits, debts, charges, liens or damages of any kind
whatsoever, which the claimant has or may hereafter acquire against
Brown’s Furniture of Lafayette and Stonetrust Commercial Insurance
Company, their respective officers, directors, owners, managers,
employees, agents, subsidiary and/or related companies, associates,
representatives, insurers, successors, underwriters and/or assigns
arising out of or in any way connected with any accidents or injuries
sustained by Toby Broussard while employed by Brown’s Furniture
of Lafayette prior to the date of the settlement herein, including
specifically but not exclusively, the alleged accidental injuries of May
23, 2009.

NOW, THEREFORE KNOW ALL MEN BY THESE
PRESENTS;

That for and consideration of the payment by Stonetrust
Commercial Insurance Company of the sum of ONE HUNDRED
TWENTY THOUSAND ($120,000.00) DOLLARS to Toby
Broussard, receipt of which is hereby acknowledged, Toby Broussard
does hereby remise, release and forever discharge Brown’s Furniture
of Lafayette and Stonetrust Commercial Insurance Company, their
respective officers, directors, owners, managers, employees, agents,
subsidiary and/or related companies, associates, representatives,

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successors, insurers, underwriters and/or assigns from any and all
manner of debts, claims, liens, demands, charges, actions, suits,
damages, liabilities of any kind whatsoever, whether now known or
hereinafter discovered, which he had, has or may hereafter acquire,
arising out of any accidents or injuries sustained by him while
employed by Brown’s Furniture of Lafayette in any capacity prior to
the date of the settlement herein, including specifically, but not
exclusively, the alleged accidental injury of May 23, 2009.

The release hereby granted includes, without limitation, all
manner of claims, actions, suits, liens, debts, damages or injuries
whatsoever, in law or equity, whether growing out of Louisiana
Workers’ Compensation Law, the Longshore and Harbors Workers
Compensation Act; entitlements from lawful [sic] discrimination
under Louisiana statute or under any other law or right, whether said
law is federal law or state law; all tort under the Louisiana Civil Code
and its ancillaries, whether derived or arising from. Article 2315 et
seq., strict liability, or liability under LSA-R.S. 46:2251 et seq.,
Liability under 42 USC Sect. 12101 et seq. (Americans with
Disabilities Act); liability under 29 USC 2601 et seq. (Family Medical
Leave Act); or any other liability whatsoever arising out of the
aforementioned accident, regardless of the origin of the laws.

....

Toby Broussard understands that in executing this Receipt and
Release, he is releasing and giving up every right he has ever had
against the parties released herein, and that he is signing this Release
freely, willingly and without duress or promise, Toby Broussard
further realizes that he is giving up the right to any further-money or
benefits from or on behalf of any of the parties released herein.

Aspects of a claim that were not intended to be covered by the release are

generally not barred. Holloway Drilling Equip., Inc. v. Bodin, 12-355 (La.App. 3

Cir. 11/7/12), 107 So.3d 699. The same rules of contractual interpretation apply to

compromises as to other contracts. Brown v. Drillers, Inc., 93-1019 (La. 1/14/94),

630 So.2d 741. That includes the maxim that the intent of the parties is ordinarily

determined by examining the four corners of the document. Id. Extrinsic evidence

may be introduced only when terms are susceptible of more than one meaning,

when there is uncertainty or ambiguity in the language employed, or when the

intent cannot be ascertained within the four corners of the document. Id. When

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the intent can be ascertained within the four corners of the document, its

interpretation is a matter of law and not of fact. Id.

In the present matter, we find no ambiguity in the language of the release

Broussard executed. Had Broussard intended to release Brown’s and Fontenot

only for the workers’ compensation claim, he could easily have reserved the

present matter specifically. He could have omitted the language encompassing all

damages or injuries from the May 23, 2009 incident and the language specifically

referencing his release of tort claims. He could have insisted in omitting the

language indicating that he was “releasing and giving up every right he has ever

had against the parties,” and that he realized that he was “giving up the right to any

further-money or benefits from or on behalf of any of the parties released.” The

inclusion of these absolute expressions of complete and total release leaves no

room for questioning the intent to release all claims arising from the May 23, 2009

incident.

Accordingly, the trial court did not err in refusing to consider the extrinsic

evidence offered by Broussard. Further, it did not err in maintaining the exception

of res judicata. The judgment of the trial court dismissing Broussard’s demands

against Brown’s and Fontenot is affirmed. All costs of this appeal are assessed

against plaintiff/appellant, Toby J. Broussard.

AFFIRMED.

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