Stanley Norris v. Allstate Indemnity Company

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 21-822 and CA 22-174

STANLEY NORRIS

VERSUS

ALLSTATE INDEMNITY COMPANY, ET AL.

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APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 131336
HONORABLE VINCENT JOSEPH BORNE, DISTRICT JUDGE

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ELIZABETH A. PICKETT

JUDGE

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Court composed of Elizabeth A. Pickett, Billy H. Ezell, and Shannon J. Gremillion,
Judges.

MOTION TO CONSOLIDATE GRANTED.

Julius Willis Grubbs, Jr.
Haik, Minvielle, Grubbs & D’Albor, L.L.P.
Post Office Box 11040
New Iberia, LA 70562-1040
(337) 365-5486
COUNSEL FOR DEFENDANT/APPELLEE:
Hospital Service District No. 1 of Iberia Parish

John William Penny, Jr.
Attorney at Law
600 Jefferson, Suite 601
Lafayette, LA 70501
(337) 231-1955
COUNSEL FOR DEFENDANT/APPELLEE:
Allstate Property and Casualty Insurance Company
Scotty Gaspard

Allison M. Weaver
The Law Offices of Blaine J. Barrileau
330 Settlers Trace Boulevard, Suite B
Lafayette, LA 70508
(337) 406-8759
COUNSEL FOR PLAINTIFF/APPELLANT:
Stanley Norris

PICKETT, Judge.

Plaintiff-Appellant, Stanley Norris (Norris), filed a Notice of Related Appeals

and Motion to Consolidate Appeals, seeking the consolidation of two appeals, docket

number 21-822 and docket number 22-174. Defendants-Appellees, Allstate

Indemnity Company (Allstate) and Scotty Gaspard (Gaspard), oppose the

consolidation of these appeals. For the reason stated herein, we grant the motion to

consolidate.

The instant case arises from a motor vehicle accident that occurred on February

6, 2017, involving Norris and Gaspard. As a result of injuries sustained in the

accident, Norris filed suit against Gaspard and Allstate. Following a jury trial, Norris

was awarded $350,000.00 in damages. A written judgment signed on October 11,

2021, is on appeal in docket number 21-822. On November 10, 2021, a hearing was

held on Norris’ Motion to Tax Costs and Gaspard’s Motion to Tax Costs on Offer of

Judgment. Norris was awarded $31,867.36 in trial costs, and Gaspard and Allstate

were awarded $25,186.88 in trial costs. A written judgment signed on November 30,

2021, is on appeal in docket number 22-174.

In Norris’ motion to consolidate, he argues that the resolution of the appeal in

docket number 22-174 is largely dependent on this court’s determination of the merits

on appeal in docket number 21-822. Further, Norris asserts that both appeals arise out

of the same accident, the same trial, and the same final judgment on the merits.

Norris also states that briefing has not been completed in either appeal and that there

has been no oral argument or final adjudication of the merits of either appeal. In the

interest of justice and judicial economy, Norris suggests that the two appeals be

consolidated and decided by the same appeal panel. Norris maintains that the

consolidation of the appeals will not give any party an undue advantage or prejudice

the rights of any party.

In opposition to the motion to consolidate, Allstate and Gaspard argue that the

appeal in docket number 21-822 has been fully briefed by both parties. Further,

Allstate and Gaspard assert that the appeal in docket number 22-174 is a separate

appeal by Norris on the issue of assessment of costs between the parties and involves

the effect and ramifications of their offer of judgment pursuant to La.Code Civ. P. arts.

970 and 1450(A)(5). Allstate and Gaspard add that the appeal in 22-174 has not yet

been fully briefed. Allstate and Gaspard submit that the issues for consideration in

docket number 22-174 are independent from and not germane to the issues to be

decided in docket number 21-822. As such, Allstate and Gaspard conclude that

docket number 22-174 should not be consolidated with docket number 21-822, and

instead, should be considered separately and after a decision is rendered in docket

number 21-822.

This court notes that briefing has been completed in docket number 21-822.

However, since both appeals arise out of the same accident, the same trial, and the

same final judgment on the merits, in the interest of judicial economy, we hereby

grant Norris’ motion to consolidate and order the consolidation of docket numbers 21-

822 and 22-174 for the purpose of appeal.

MOTION TO CONSOLIDATE GRANTED.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
Uniform Rules―Courts of Appeal, Rule 2-16.3.

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