Archangel v. Mayeaux

119 So. 3d 786, 12 La.App. 5 Cir. 696, 2013 WL 2350403, 2013 La. App. LEXIS 1069
CourtLouisiana Court of Appeal
DecidedMay 30, 2013
DocketNo. 12-CA-696
StatusPublished
Cited by6 cases

This text of 119 So. 3d 786 (Archangel v. Mayeaux) 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
Archangel v. Mayeaux, 119 So. 3d 786, 12 La.App. 5 Cir. 696, 2013 WL 2350403, 2013 La. App. LEXIS 1069 (La. Ct. App. 2013).

Opinions

MARC E. JOHNSON, Judge.

| yDefendants/Appellees, Matthew May-eaux, Louisiana Machinery Company L.L.C., (hereinafter referred to as “Louisiana Machinery”), and Travelers Property Casualty Company of America (hereinafter referred to as “Travelers”), appeal the exclusion of testimony and the damages awarded in a jury trial held in the 40th Judicial District Court, Division “A”. For the following reasons, we vacate, in part, and affirm the judgment as amended.

FACTS AND PROCEDURAL HISTORY

On July 22, 2008, Mr. Archangel was stopped at a stop sign on Alliet Road in St. Martin Parish in his 2003 Toyota Camry when a 2007 Peterbilt tractor backed into his vehicle. The tractor was owned by Louisiana Machinery and operated by its employee, Mr. Mayeaux. Mr. Archangel sustained bodily injuries and damages to his vehicle.

Mr. Archangel originally filed his petition in the Civil District Court of Orleans Parish; however, through a joint motion of the parties, the matter was | transferred to the 40th Judicial District Court. The petition listed Mr. Mayeaux, Louisiana Machinery and Marsh USA, Inc. d/b/a Marsh USA Risk Services1 as the defendants. Through two supplemental and amending petitions, Mr. Archangel substituted Travelers as the proper liability insurer for Louisiana Machinery and added Lindsey Viator Archangel, his wife, as a plaintiff to the suit. Defendants answered the petitions, and the parties proceeded to a jury trial. Mr. Archangel filed two Motions In Limine to exclude: 1) any evidence of, references to, and records and testimony concerning his June 4, 2001 arrest for possession of crack cocaine and his November 20, 2001 guilty plea to possession of cocaine; and 2) any and all references to questions and answers in depositions regarding cocaine, any suggestion of narcotic abuse by him and any correlated questions involving his prior history with illicit drugs, and his use of narcotic pain medication following the accident.

The trial was held on August 8-9, 2011. Prior to the commencement of the trial, the trial court held a hearing on the Motions In Limine. The trial court found that any reference to Mr. Archangel’s possession of cocaine conviction would be highly inflammatory and the prejudicial nature of it far outweighed the probative value. Additionally, the trial court found the alleged usage or presence of cocaine in Mr. Archangel’s system was admissible as a part of his treatment. Later during the [789]*789trial, the trial court amended its ruling to exclude any questions as to whether Mr. Archangel had a drug problem and any mention of a correlation between the presence of cocaine in his urinalysis and an addictive disorder from the physicians’ depositions.

At trial, the parties stipulated to liability, particularly that Mr. Mayeaux was in the course and scope of his employment, and Travelers was the liability insurer |4for Louisiana Machinery on the date of the accident. After reviewing the evidence presented regarding damages, the jury found that Mr. Archangel sustained injuries in the July 22, 2008 accident and that Mrs. Archangel sustained a loss of consortium as a result of Mr. Archangel’s injury. The jury awarded the following damages to Mr. Archangel:

Past medical expenses $ 35,000.00
Past lost wages $ 60,000.00
Loss of earning capacity $ 5,000.00
Loss of enjoyment of life 5,000.00
Lindsey of Consortium $ 10,000.00
Total $115,000.00

The trial court adopted the jury verdicts and rendered a judgment on August 25, 2011.

Mr. Archangel filed a Motion for Addi-tur averring the jury erred as a matter of law in failing to award an amount for pain and suffering. Subsequently, Defendants filed a Motion for Judgment Notwithstanding the Verdict asserting the jury award of $5,000.00 for loss of earning capacity was not supported by the evidence adduced at trial. The motions were heard on October 11, '2011. The trial court recommended an additur of $85,000.00 for pain and suffering damages to Mr. Archangel. In addition, the trial court denied the JNOV. Defendants accepted the additur under protest and reserved their rights to appeal the judgment as reformed. The judgment was reformed by additur on November 18, 2011 to reflect the following awards:

$ 10,000.00 Lindsey Archangel-Loss of Consortium
$ 85,000.00 Aaron Archangel-Pain and Suffering
$ 35,000.00 Past Medical Expenses
$ 60,000.00 Past Lost Wages
$ 5,000.00 Loss of Earning Capacity
$ 5,000.00 Loss of Enjoyment of Life
$200,000.00 Total

The instant appeal filed by Defendants followed the reformed judgment.

ASSIGNMENTS OF ERROR

On appeal, Defendants raise the following assignments of error: 1) the trial court erred in finding Mr. Archangel was entitled to an award for loss of earning capacity; 2) the trial court erred in its recommendation of an additur of $85,000.00 in general damages for pain and suffering; 3) the trial court erred in excluding testimony and evidence of Mr. Archangel’s 2001 guilty plea and conviction for possession of cocaine; and 4) the trial court erred in excluding any testimony from the physicians’ depositions regarding narcotic medication concerns, cocaine, drug history, and addictive and drug seeking behavior.

LAW AND ANALYSIS

Loss of earning capacity

Defendants allege the trial court erred in awarding Mr. Archangel $5,000.00 for [790]*790loss of earning capacity. Defendants aver none of the physicians provided any medical evidence that Mr. Archangel suffers a residual disability causally related to the accident. Defendants contend no economic or vocational testimony as to lost wages, loss of earning capacity, or earning ability was offered by Mr. Archangel at trial. As a result, Defendants further aver the proof offered by Mr. Archangel contained absolutely no evidence that he sustained any physical impairment in the accident which would inhibit his future ability to earn.

Conversely, Mr. Archangel asserts the jury was well within its broad discretion to award him the “meager” sum of $5,000.00 for loss of earning [ ^capacity. Mr. Archangel argues that Dr. Cobb’s testimony, in conjunction with his and Mrs. Archangel’s testimonies, provided the jury with an adequate basis for the award.

When considering an award for loss of earning capacity, the burden is on the plaintiff to prove that because of his injuries, he has suffered a loss of income. LeBlanc v. Allstate Ins. Co., 00-1128 (La.App. 5 Cir. 11/28/00); 772 So.2d 400, 405, writ denied, 00-3522 (La.2/9/01); 785 So.2d 831. A plaintiff who seeks to recover for loss of earning capacity must prove the extent of his injuries resulting from the accident and also has the burden of proving that the injuries he sustained have incapacitated him from doing work of reasonable character in the future, that is, work for which he was fitted by training and experience, of same or similar kind in which he was engaged at the time of the accident. Richard v. Walmart Stores, Inc., 29,926 (La.App. 2 Cir. 10/31/97); 702 So.2d 79, 89.

In the instant matter, Dr.

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Bluebook (online)
119 So. 3d 786, 12 La.App. 5 Cir. 696, 2013 WL 2350403, 2013 La. App. LEXIS 1069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/archangel-v-mayeaux-lactapp-2013.