Gotch v. Scooby’s ASAP Towing, LLC et al.

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Plaintiff Terry Gotch filed this suit for damages against defendants Joseph Derousselle and his employer, Scooby’s ASAP Towing, LLC (“Scooby’s”). Plaintiff alleged he was a guest passenger in a vehicle driven by Alydia Menard. According to plaintiff, Derousselle, an employee of Scooby’s, backed his vehicle out of a private driveway, causing Menard to make an evasive maneuver to avoid a collision. Menard’s vehicle subsequently left the roadway and struck a ditch, causing injury to plaintiff. The issue this case presented for the Louisiana Supreme Court's review centered on whether the district court erred in denying plaintiff's request for a mistrial based on evidence that the jurors violated their instructions by discussing the case prior to deliberations. The Supreme Court concluded the district court did not abuse its discretion in denying plaintiff's motion for a mistrial: there was no indication the jurors disregarded the evidence presented at trial. Accordingly, the Supreme Court reversed the judgment of the court of appeal and reinstated the district court's judgment. View "Gotch v. Scooby's ASAP Towing, LLC et al." on Justia Law