Armentor v. Safeway Ins. Co.

972 So. 2d 444, 7 La.App. 3 Cir. 805, 2007 La. App. LEXIS 2282, 2007 WL 4404801
CourtLouisiana Court of Appeal
DecidedDecember 19, 2007
Docket2007-805
StatusPublished
Cited by4 cases

This text of 972 So. 2d 444 (Armentor v. Safeway Ins. Co.) 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
Armentor v. Safeway Ins. Co., 972 So. 2d 444, 7 La.App. 3 Cir. 805, 2007 La. App. LEXIS 2282, 2007 WL 4404801 (La. Ct. App. 2007).

Opinion

972 So.2d 444 (2007)

Toby P. ARMENTOR
v.
SAFEWAY INSURANCE COMPANY, et al.

No. 2007-805.

Court of Appeal of Louisiana, Third Circuit.

December 19, 2007.

*445 Barton W. Bernard, Attorney at Law, Lafayette, LA, for Plaintiff/Appellant, Toby P. Armentor.

Keith M. Borne, Borne, Wilkes & Brady, Lafayette, LA, for Defendants/Appellees, Safeway Insurance Company, Leroy D. Batiste.

Court composed of MICHAEL G. SULLIVAN, GLENN B. GREMILLION, and BILLY HOWARD EZELL, Judges.

SULLIVAN, Judge.

Plaintiff, Toby Armentor, appeals a judgment rendered in his favor following a bench trial. Defendants, Safeway Insurance Company and Leroy Batiste, answer the appeal. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

This lawsuit arises out of a rear-end collision that occurred at 1:20 p.m. on November 24, 2004, on Pinhook Road near its intersection with Bonin Road in Lafayette Parish. Armentor was seatbelted in his pickup truck and stopped at a red light when he was struck from behind by a pickup truck driven by Batiste. The force of the collision pushed Armentor's vehicle forward eight to ten feet and into the rear of another vehicle.

Armentor filed suit against Batiste and his automobile liability insurer, Safeway, for the injuries that he sustained as a result of the accident. A bench trial was held on November 13, 2006. Although liability was not stipulated, Batiste admitted at trial that the collision occurred because he was inattentive and distracted and that Armentor had done nothing to cause or contribute to the accident. Other than Batiste and Armentor, the only other witness to testify live at trial was Father Louis Richard, a Catholic priest who was Armentor's workout partner both before and after the subject accident. Certified copies of Armentor's medical records and bills were submitted as exhibits, along with the depositions of his three treating physicians. Defendants submitted a copy of Batiste's Safeway policy as an exhibit. At the close of testimony, the matter was taken under advisement.

The trial court rendered written Reasons for Judgment on December 11, 2006, awarding Armentor general damages in the amount of $30,000.00, past medical expenses in the amount of $13,093.50, and future medical expenses in the amount of $5,000.00. Judgment was signed on February 1, 2007, in accordance with the previously rendered reasons, in favor of Armentor and against Safeway and Batiste, in solido, in the amount of $10,000.00,[1] and in favor of Armentor and against Batiste, individually, in the amount of $38,093.50.

Armentor devolutively appealed from the judgment, assigning the following as error:

*446 1. The trial court erred, as a matter of law, by imposing an illegal burden of proof upon Plaintiff, i.e., that he prove his case as "definite" as opposed to "more probable than not."
2. The trial court erred in its award of future medical expenses to Plaintiff, as the award was based on an illegal burden of proof and was abusively low and contrary to the law and the evidence.
3. The trial court erred in its award of general damages to Plaintiff, as the award was based on an illegal burden of proof and was abusively low and contrary to the law and the evidence.

Safeway and Batiste answered Armentor's appeal, alleging that the trial court abused its discretion in the amounts awarded to Armentor for general damages and future medical expenses in that the evidence supports much lower awards, if any.

STANDARD OF REVIEW

This court recently recited the standard of review to be applied when an appellant alleges that the trial court committed legal error by holding them to an improper burden of proof. In Lanningham v. Walton, 06-1103, pp. 2-3 (La.App. 3 Cir. 2/7/07), 950 So.2d 922, 924, we stated:

A trial court's findings of fact will not be disturbed unless they are manifestly erroneous or clearly wrong. Fuselier v. State, through Dep't of Transp. & Dev., 05-681 (La.App. 3 Cir. 1/11/06), 919 So.2d 867, writ denied, 06-334 (La.4/28/06), 927 So.2d 289. "This standard, however, is not applicable when one or more legal errors by the trial court interdicts the fact-finding process, and, when permitted by the record, the appellate court should conduct a de novo review to determine the preponderance of the evidence." Trahan v. Deville, 05-1482, p. 2 (La.App. 3 Cir. 5/10/06), 933 So.2d 187, 190, writ denied, 06-2103 (La.11/17/06), 942 So.2d 534 (citation omitted). "Legal errors occur when trial courts prejudicially apply incorrect principles of law." Id. "These errors are prejudicial when they materially affect the outcome of the matter." Id. "In these cases, appellate courts are bound, if possible, to apply the correct principles of law, determine material facts, and render judgment on the record." Id.

DISCUSSION

Burden of Proof

Armentor asserts that the trial court imposed an illegal burden of proof, requiring him to prove his case with "definite" evidence, instead of the less strict "more probably than not" standard that the law actually imposes on a plaintiff in a personal injury case. Accordingly, Armentor requests that this court review this matter de novo, applying the correct burden of proof.

Armentor's argument is based upon the following excerpt from the trial court's Reasons for Judgment:

Neither Dr. Montgomery nor Dr. Kasarla stated that the Plaintiff was definitely a surgical candidate. Both stated that it would depend on whether the injections continued to improve the Plaintiff's condition. Dr. Kasarla speculated that the Plaintiff may need injections for six months or maybe forever. The doctors simply cannot make a definitive determination at this point as to Plaintiff's prognosis and it is not this Court's job to speculate as to what the future may bring.

(Emphasis added).

Defendants vehemently disagree that the above-quoted language supports Armentor's *447 premise that the trial court applied an incorrect burden of proof. They characterize Armentor's argument as disingenuous and claim that it ignores the context within which the two statements were made. They contend that the statements were simply findings of fact made by the trial court, which in no way indicate that the trial court applied an incorrect burden of proof. Accordingly, Defendants submit that this court should apply the manifest error standard of review.

The Louisiana Supreme Court discussed the plaintiff's burden of proof regarding causation in the context of a personal injury lawsuit in Maranto v. Goodyear Tire & Rubber Co., 94-2603, 94-2615, p. 3 (La.2/20/95), 650 So.2d 757, 759 (citations omitted):

In a personal injury suit, plaintiff bears the burden of proving a causal relationship between the injury sustained and the accident which caused the injury. Plaintiff must prove causation by a preponderance of the evidence. The test for determining the causal relationship between the accident and subsequent injury is whether the plaintiff proved through medical testimony that it is more probable than not that the subsequent injuries were caused by the accident.

As the trial court stated in its Reasons for Judgment, "[l]iability on the part of Mr. Batiste is not at issue, as he testified at trial that he was solely at fault in causing the accident. The only issue before the Court is the nature and extent of the damages sustained by Mr.

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972 So. 2d 444, 7 La.App. 3 Cir. 805, 2007 La. App. LEXIS 2282, 2007 WL 4404801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armentor-v-safeway-ins-co-lactapp-2007.