Anding v. Simeon

209 So. 2d 137, 1968 La. App. LEXIS 5069
CourtLouisiana Court of Appeal
DecidedApril 8, 1968
DocketNo. 7337
StatusPublished

This text of 209 So. 2d 137 (Anding v. Simeon) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anding v. Simeon, 209 So. 2d 137, 1968 La. App. LEXIS 5069 (La. Ct. App. 1968).

Opinion

REID, Judge.

Plaintiffs Mrs. Mary Anding Aldige and her husband Robert J. Aldige brought this suit against Kelvin J. Simeon and his insurer, The Employers Liability Assurance Corporation, Ltd., for damages as a result of an automobile accident which happened about 4:00 P.M. on May 31, 1964 on U.S. Highway 190 in the Parish of West Baton Rouge, Louisiana. Plaintiff Mrs. Aldige seeks recovery of $40,500.00 and Robert J. Aldige seeks the sum of $41,732.97 as damages, with legal interest and costs.

Both sides concede that the only issue before this Court is the quantum of damages for personal injuries. The Trial Court awarded judgment to Robert J. Aldige and against both defendants in solido in the sum of $3,451.90 and in favor of Mrs. Mary Anding Aldige and against both defendants in solido in the sum of $2750.00, both with [138]*138legal interest from the date of judicial demand until paid and all costs.

From this judgment both plaintiffs and defendants have appealed.

Plaintiff, Robert J. Aldige seeks an increase in his award to the amount of $36,-541.90 and Mrs. Aldige seeks an increase to the amount of $39,550.00.

Defendant appellant claims that the awards are too high as is, or should be left alone and claims that the award sought by the plaintiff is grossly out of line and exaggerated and should not be allowed.

The Trial Judge in his excellent written reasons for judgment found as follows, and we are taking the liberty of quoting from his written reasons, to-wit:

“From the evidence adduced on the trial of the case there .is no question but that the collision resulted from the negligent operation of Kelvin J. Simeon of his auto as he struck plaintiff’s auto from the rear. The evidence also shows that at the time of said collision the said defendant, Kelvin J. Simeon was the owner of an insurance policy issued by defendant, The Employer Liability Insurance Corporation, Ltd., by the terms of which the said Kelvin J. Simeon was insured against any liability claims arising out of the operation of his said vehicle involved in this collision. It is therefore the opinion of this Court that the plaintiffs should recover judgment against the defendants, in solido, as hereinafter set forth.

The question now before the Court at this time is the amount of damages suffered by the plaintiffs as a result of the collision hereinabove described.

We will now take into consideration the amount of damages suffered by the plaintiff, Robert J. Aldige. It was stipulated between counsel that the physicians charges for plaintiffs up to the date of the filing of the petition is the sum of TWO HUNDRED AND TEN AND NO/100 ($210.00) DOLLARS and that additional expenditures for services to plaintiff at the Baptist Hospital are the sum of ONE HUNDRED ELEVEN AND 40/100 (111.40) DOLLARS. Plaintiff, Robert J. Aldige, has requested a sum for miscellaneous doing, laboratory service, etc., but the Court cannot allow these items as the amounts, dates of purchase, etc., are too vague and indefinite. In addition to the above medical expenditure Mr. Aldige was obligated to pay the sum of THIRTY-FIVE AND 50/100 ($35.50) DOLLARS towing charges for his automobile and the additional sum of THIRTY ($30.00) DOLLARS for transportation for him and his wife to New Orleans. Plaintiff, Mr. Robert J. Aldige testified that he sold his automobile to a firm in Baton Rouge for the sum of TWO HUNDRED SEVENTY-FIVE AND NO/100 ($275.00) DOLLARS, because it was so severely damaged that the best thing he could do was sell the car for that amount. He further testified that shortly before the accident he had his auto appraised by a Nash Agency which appraised the car at $900.00 for the purpose of a trade in. There is no evidence by the defendant offéred to contradict or contest this value. The automobile damages to the plaintiff are the sum of NINE HUNDRED AND 00/100 ($900.00) DOLLARS, less the sale price of TWO HUNDRED SEVENTY-FIVE AND 00/100 ($275.00), or the sum of SIX HUNDRED TWENTY-FIVE AND 00/100 ($625.00) DOLLARS. However, plaintiff, .in his pleadings claims SIX HUNDRED FIFTEEN AND 00/100 ($615.00) DOLLARS as auto damages, and therefore he is bound by that amount of SIX HUNDRED FIFTEEN AND 00/100 ($615.00) DOLLARS. Plaintiff Mr. Robert J. Aldige according to testimony was confined to his home for one month due to which he lost the sum of SEVEN HUNDRED AND 00/100 ($700.00) DOLLARS in income as his monthly earnings were from SEVEN HUNDRED AND 00/100) DOLLARS to EIGHT HUNDRED AND 00/100 ($800.00) DOLLARS per month. However, plaintiff claims SEVEN HUNDRED AND 00/100 ($700.00) DOLLARS in his petition as loss of wage and he is [139]*139bound by this amount of SEVEN HUNDRED and 00/100 ($700.00) DOLLARS.

Therefore, the amount of special damages due plaintiff, Mr. Robert J. Aldige is the following:

Transportation to New Orleans $ 30.00 Towing charges for auto 35.00

Dr. Bills 210.00

Hospital 111.00

Auto damage 615.00

Loss of wages 700.00

Total $1701.90

We will now discuss the amount of damages due to the defendant Robert J. Aldige for physical injuries suffered by him as a result of this collision.

Plaintiff, Robert J. Aldige, contends in his petition substantially that he has sustained severe pain and suffering from the date of the accident up to the filing of his petition and that he was advised by his physicians that he will continue to suffer from same for the remainder of his life and that he has suffered with severe headaches during the entire period and he testified that he remained at his home until June 21st, after the accident because of •severe pain in the movement of his neck and shoulders. He further testified that after June 21st he was able to get around and do some work and that he drove a car around the end of July. He stated that he could not do this appraisal work in a normal way because he did not have the free physical movement to do this. The record reflects his entire testimony and the court will not dwell further on same. Mr. Aldige was treated at Baptist Hospital after that injury but the record does not reveal that he was ever hospitalized as a result of the injury.

From the testimony of Dr. Fred Maher, a witness for plaintiffs, the only medical expert to testify in the proceedings, the plaintiff, Mr. Robert J. Aldige suffered a moderately severe strain or sprain in the ligaments of the neck and which is commonly known as a whiplash injury. Dr. Maher testified, in substance, that x-rays were taken of Mr. Aldige’s cervical vertebra and they were negative of any fractures or dislocation of any kind. Dr. Maher further testified that he saw Mr. Aldige from June 5th, 1964 through October 14, 1964 and the next time he saw him was on October 18, 1965 and that at that time there was no limitation of motion and that the only symptoms which he could find were subjective symptoms of pain by Mr. Aldige. Dr. Maher further testified that he discharged Mr. Aldige on October 16, 1964. There was further detailed evidence on this particular injury which is fully shown in the record of Dr. Maher’s testimony. From the medical evidence introduced it is the opinion of the Court that Mr. Aldige is entitled to the sum of ONE THOUSAND SEVEN HUNDRED FIFTY AND 00/100 (1750.00) DOLLARS as damages for his injuries received in the accident, ,in addition to special damage as hereinabove fully set forth.

The Court will take up the matter of the amount of damages due the plaintiff, Mrs. Mary Anding Aldige, wife of Mr. Robert J.

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209 So. 2d 137, 1968 La. App. LEXIS 5069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anding-v-simeon-lactapp-1968.