Saucier v. State Farm Mutual Automobile Insurance Co

Filing 138

RULING re 132 MOTION to Alter Judgment filed by Wilbert J Saucier, Jr and 135 MOTION to Amend or Alter Judgment filed by State Farm Mutual Automobile Insurance Co, State Farm Fire & Casualty Co. Signed by Judge Robert G James on 4/17/2017. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
WILBERT J. SAUCIER, JR.,

CIVIL ACTION NO. 14-3157

VERSUS

JUDGE ROBERT G. JAMES

STATE FARM MUTUAL AUTOMOBILE
INSURANCE CO.

MAG. JUDGE JOSEPH PEREZ-MONTES

RULING
Pending before the Court is Plaintiff Wilbert J. Saucier, Jr.’s (“Saucier”) Motion to Alter
or Amend Judgment (“Saucier’s Motion to Amend”) [Doc. No. 132] and Defendants State Farm
Mutual Automobile Insurance Company and State Farm Fire and Casualty Company’s Motion to
Alter or Amend Judgment (“Defendants’ Motion to Amend”) [Doc. No. 135]. Saucier contends
that the Court erred in failing to include pre-judgment interest in its April 7, 2017 Judgment
[Doc. No. 131]. Defendants contend that the Court’s award should only be against Defendant
State Farm Mutual Automobile Insurance Company, and that the Court should dismiss the claim
against State Farm Fire and Casualty Company. Having fully reviewed the memoranda and case
law, the Court GRANTS both Saucier’s Motion to Amend Judgment and Defendants’ Motion to
Amend Judgment.
A.

Saucier’s Motion to Amend

Pursuant to Louisiana Revised Statute 13:4203, “[l]egal interest shall attach from date of
judicial demand, on all judgments, sounding in damages, ‘ex delicto,’ which may be rendered by
any of the courts.” Under this statute, Saucier is entitled to receive pre-judgment interest “from
the date of judicial demand.” See Ethyl Corp. v. Gulf States Utilities, Inc., 2001-2230 (La. App. 1

Cir. 10/2/02); 836 So.2d 172. The Court has no discretion on this issue. See Odom v. City of Lake
Charles, 2000-01050 (La. App. 3 Cir. 1/31/01); 790 So.2d 51, writ denied, 2001-1198 (La.
6/22/01); 794 So.2d 787 (“[A]n award of legal interest in tort cases is not discretionary with the
court since interest attaches automatically until judgment is paid, whether prayed for in the
petition or mentioned in the judgment.”) (citing LA. CODE CIV. P. ART.1921; LA. REV. STAT.
13:4203).
Therefore, Saucier’s Motion to Amend Judgment [Doc. No. 132] is GRANTED. Saucier
is entitled to recover pre-judgment interest from the date of judicial demand to the date of entry
of judgment, as well as post-judgment interest. The Court will issue an amended judgment
incorporating this award.
B.

Defendants’ Motion to Amend

Defendants argue that the Court’s Judgment should be against State Farm Mutual
Automobile Insurance Company only and that State Farm Fire and Casualty Company be
dismissed with prejudice. [Doc. No. 135]. Defendants note that the Court previously found that
State Farm Fire and Casualty Company afforded excess/umbrella coverage to the extent that
Saucier’s damages exceeded the underlying coverage afforded by Go Auto and State Farm
Mutual Automobile Insurance Company. Since the award of $105,802.85 did not exceed the
underlying coverage provided by Go Auto and State Farm Mutual Automobile Insurance
Company, State Farm Fire and Casualty Company should be dismissed.
Saucier does not oppose dismissal, but argues that State Farm Fire and Casualty
Company’s dismissal should be without prejudice, because of “the possibility of insolvency” on
the part of State Farm Mutual Automobile Insurance Company. [Doc. No. 137]. However
2

Saucier has failed to provide any evidence suggesting that insolvency is a real possibility.
Therefore, Defendants’ Motion to Amend Judgment [Doc. No. 135] is GRANTED.
Defendant State Farm Fire and Casualty Company will be dismissed with prejudice.
MONROE, LOUISIANA, this 17th day of April, 2017.

3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
WILBERT J. SAUCIER, JR.,

CIVIL ACTION NO. 14-3157

VERSUS

JUDGE ROBERT G. JAMES

STATE FARM MUTUAL AUTOMOBILE
INSURANCE CO.

MAG. JUDGE JOSEPH PEREZ-MONTES

ORDER
For the reasons set forth in this Court’s Ruling,
IT IS ORDERED that Plaintiff’s Motion to Amend or Alter Judgment [Doc. No. 132] is
GRANTED. Plaintiff is granted pre-judgment interest. An Amended Judgment shall issue
separately.
IT IS FURTHER ORDERED that Defendants’ Motion to Amend Judgment [Doc. No.
135] is GRANTED. The Amended Judgment issuing separately shall indicate that Defendant
State Farm Fire and Casualty Company is dismissed with prejudice.
MONROE, LOUISIANA, this 17th day of April, 2017.