Arceneaux v. Howard

633 So. 2d 207, 1993 WL 504579
CourtLouisiana Court of Appeal
DecidedNovember 24, 1993
Docket92 CA 1310
StatusPublished
Cited by12 cases

This text of 633 So. 2d 207 (Arceneaux v. Howard) 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
Arceneaux v. Howard, 633 So. 2d 207, 1993 WL 504579 (La. Ct. App. 1993).

Opinion

633 So.2d 207 (1993)

Sy J. ARCENEAUX
v.
Arnold C. HOWARD and State Farm Mutual Automobile Insurance Company.

No. 92 CA 1310.

Court of Appeal of Louisiana, First Circuit.

November 24, 1993.
Writ Denied February 11, 1994.

*208 Jerald P. Block, Keith J. Labat, David M. Richard, Thibodaux, for plaintiff-appellant Sy J. Arceneaux.

Maurice P. Mathieu, Mathieu & Dagate, Houma, for defendants-appellees Arnold C. Howard and State Farm Mut. Ins. Co.

Before WATKINS, SHORTESS and FOGG, JJ.

SHORTESS, Judge.

Sy J. Arceneaux (plaintiff) filed this action against Arnold C. Howard and State Farm Mutual Automobile Insurance Company (defendants) for injuries resulting from a car accident. After a bench trial, the trial court awarded plaintiff $2,781.00 in damages. Plaintiff appealed. The sole assignment of error is that the trial court legally erred by not applying the legal presumption set forth in Housley v. Cerise, 579 So.2d 973 (La.1991).

A. Facts

Howard was traveling north on Louisiana Highway 1 in Lafourche Parish on November 7, 1989, when he lost control of his vehicle. Howard's pickup crossed the center line, continued to the southbound shoulder, then re-entered the roadway in the southbound lane. Plaintiff was traveling south on Highway 1 and unavoidably collided with Howard's pickup truck.

Plaintiff was taken by ambulance to Thibodaux General Hospital where he was treated by an emergency room physician. He complained of head, neck, and back pain. Ten days later, on November 17, plaintiff experienced a seizure, which witnesses described as turning his head to the right, falling backward, becoming stiff, and beginning to shake. He was taken to Thibodaux General for further testing, which was inconclusive. In late 1989, plaintiff was treated by New Orleans neurologist Gregory Ferriss. Approximately *209 14 months later, on January 17, 1991, plaintiff suffered another seizure. Ferriss referred plaintiff to Lafayette neurologist Steven Snatic. Plaintiff has also consulted neurologist Maria Palmer to determine the origin of his seizures.

The trial judge ruled the seizures were not related to the wreck and awarded $2,000.00 in general damages and $781.00 in medical expenses. In oral reasons, the trial court stated:

In determining legal cause in a matter like this the Court must determine the proximity and the intensity of the seizures as [they] followed the incident. The medical testimony and the medical evidence and the medical history show that there [are] really no serious prior medical problems that this man had. However, the number of causes for seizures are almost infinite. Had this seizure occurred immediately after the accident in a closer proximity to the accident and had been more intensity and more duration (sic) in connection with the accident the Court would find that these seizures are connected to the accident. This Court cannot find that because all it has is a statement of one doctor saying this is a mere possibility and then they enumerate hundreds, literally hundreds, of intervening causes. Therefore the Court has to prove (sic) that because of the evidence that was presented to it the plaintiff could not prove most probably that the seizures were connected with the accident.

B. Causation and the Housley presumption

Housley was a personal injury case in which a plaintiff who was six-months pregnant slipped and fell on the defendant's stairway, which caused her amnion to rupture, which in turn caused her to undergo an emergency caesarean section four days later. The supreme court found the medical evidence was clear that plaintiff's fall could possibly have caused her amnion to rupture. The court, quoting Lucas v. Insurance Co. of N. America, 342 So.2d 591, 596 (La.1977), stated:

[A] claimant's disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition.

Housley, 579 So.2d at 980.

C. Was Housley applied and rejected?

In the present case, plaintiff argues the trial court legally erred by failing to apply the Housley presumption. The trial transcript shows that counsel for plaintiff argued Housley applied in this case. The trial judge was not immediately familiar with the presumption or the case. Defendants' counsel was not familiar with Housley, but was familiar with that "line of cases." The trial judge did not rule at that time on whether Housley applied. When he returned to rule on the case, he did not mention Housley, nor did he make any statements about a presumption in plaintiff's favor. The record does not contain reasons or factual findings which would support the inference that the judge considered and rejected the presumption. In fact, the presumption, if applied, could have provided the necessary causal link which the trial judge found lacking. Therefore, we cannot infer from the record that the trial judge decided the presumption did not apply.

D. Should Housley have been applied?

Having found the trial judge failed to apply the presumption stated in Housley, we must determine whether this case required him to do so, thereby constituting legal error.

Housley quoted a rule stated in Lucas v. Insurance Co. of N. America, 342 So.2d at 596, which was a worker's compensation case. The rule was first stated in Bertrand v. Coal Operators Cas. Co., 253 La. 1115, 221 So.2d 816 (1968), and subsequently restated by Johnson v. Travelers Insurance Co., 284 So.2d 888 (La.1973), both worker's compensation cases. The presumption has been followed in many worker's compensation cases where a worker is in a work-related accident and cannot perform the *210 same work subsequent to the accident, but cannot prove with certainty the injuries were caused by the accident.

Prior to the Housley decision, this circuit and others already had extended the presumption to personal injury cases.[1]Housley leaves no uncertainty that the presumption is applicable to personal injury cases in which the medical evidence shows there is a reasonable possibility of causal connection between the accident and the medical condition. This court stated in Wisner v. Illinois Cent. Gulf R.R., 537 So.2d 740, 745 (La.App. 1st Cir. 1988), writ denied, 540 So.2d 342 (La.1989), that when two conditions are met—(1) good health prior to the accident, and (2) medical testimony showing a reasonable possibility that the accident caused the injury—the plaintiff has established a prima facie case. Defendants must then rebut the prima facie case by showing some other particular incident could have caused the injury. If there is no rebuttal, the plaintiff has proven his case.

The first requirement of good health prior to the accident has been met. The trial court found and defendants did not dispute that plaintiff, who was 19 years old at the time of the accident, was in good health, had no previous head trauma, had no convulsions as a child, and had no family history of seizures.

The second requirement is less easily met in this case. A "reasonable possibility" standard is less than the "preponderance" standard. Housley, 579 So.2d at 980.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lawrence v. Government Employees Insurance Co.
151 So. 3d 917 (Louisiana Court of Appeal, 2014)
Kimberly A. Myrick v. Jeremy M. Jones, Jr.
Louisiana Court of Appeal, 2012
Savage v. State Farm Mutual Insurance
33 So. 3d 919 (Louisiana Court of Appeal, 2010)
Smith v. Vazquez
933 So. 2d 878 (Louisiana Court of Appeal, 2006)
Detraz v. Lee
900 So. 2d 1099 (Louisiana Court of Appeal, 2005)
Poland v. State Farm Mut. Auto. Ins. Co.
885 So. 2d 1144 (Louisiana Court of Appeal, 2003)
Lassiegne v. Taco Bell Corp.
202 F. Supp. 2d 512 (E.D. Louisiana, 2002)
Fussell v. Roadrunner Towing and Recovery
765 So. 2d 373 (Louisiana Court of Appeal, 2000)
Maddox v. City of Oakdale
746 So. 2d 764 (Louisiana Court of Appeal, 1999)
Simon v. United States
51 F. Supp. 2d 739 (W.D. Louisiana, 1999)
Johnson v. State
671 So. 2d 454 (Louisiana Court of Appeal, 1995)
Juneau v. Strawmyer
647 So. 2d 1294 (Louisiana Court of Appeal, 1994)
Moran v. Harris
645 So. 2d 1244 (Louisiana Court of Appeal, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
633 So. 2d 207, 1993 WL 504579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arceneaux-v-howard-lactapp-1993.