Baumgarten v. Daigle

689 So. 2d 687, 1997 La. App. LEXIS 301, 1997 WL 66578
CourtLouisiana Court of Appeal
DecidedFebruary 19, 1997
DocketNo. 96-763
StatusPublished
Cited by3 cases

This text of 689 So. 2d 687 (Baumgarten v. Daigle) 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
Baumgarten v. Daigle, 689 So. 2d 687, 1997 La. App. LEXIS 301, 1997 WL 66578 (La. Ct. App. 1997).

Opinions

JiTHIBODEAUX, Judge.

Plaintiff, Tara L. Baumgarten, appeals a trial court judgment awarding her $250.00 in general damages and no medical expenses as a result of a rear-end collision with defendant, Gregory J. Daigle. The trial judge found that Ms. Baumgarten did not sustain “legally cognizable damage.” The trial judge fiirther ordered that all costs related to the litigation be shared equally by the parties. We find that the trial judge was manifestly erroneous in not finding Ms. Baumgarten |2suffered an injury and abused his discretion in his award of damages. Accordingly, we amend the judgment and award $5,000.00 in general damages and $2,470.00 in medical expenses and reverse the judgment regarding the assignment of costs.

I.

ISSUE

The issues presented for appeal are whether the trial court was manifestly erroneous in finding a lack of injury and abused its discretion in its award of general damages and in its assessment of court costs.

II.

FACTS

On May 11, 1994 Tara Baumgarten was driving her 1989 Toyota Corolla in a northerly direction in Moss Bluff, Louisiana. In order to make a right turn onto her private drive, Ms. Baumgarten reduced her speed. At that point, Gregory J. Daigle, driving a 1989 Chevrolet pickup truck, struck the rear end of Ms. Baumgarten’s car. The occurrence of the accident is not in dispute.

At approximately 2:12 p.m., Louisiana State Trooper Keith Allen Green responded to a call and arrived at the scene of the accident. Trooper Green surveyed the accident scene, speaking to both Ms. Baumgar-ten and Mr. Daigle, and filled out a report. It is noted in the report that Mr. Daigle admitted striking Ms. Baumgarteris car and that his speed at that the time of the impact was twenty-five (25) miles per hour; Ms. Baumgarten stated that her speed at the time of the impact was five (5) miles per hour. No skid marks were evident on the road. Based on her complaints of neck discomfort, Trooper Green further stated in his accident report that Ms. Baumgarten sustained a minor injury; she did not, however, request an ambulance.

RDue to her discomfort the afternoon of the accident, Ms. Baumgarten made an appointment with Dr. Peter Brosnan, a chiropractor. On May 13, 1994, Dr, Brosnan conducted physical and chiropractic examinations and x-rays and concluded that Ms. Baumgarten sustained objective injuries to her back as a result of the accident. For the objective symptoms, Dr. Brosnan treated Ms. Baumgarten until September 14, 1994, at which point he felt she had reached pre-injury status. For the subjective symptoms, he treated her until December of 1994. Mr. Daigle did not request that Ms. Baumgarten see another physician, nor did he provide the court with any medical testimony or evidence contradictory to Dr. Bros-naris conclusions.

After the trial on November 2, 1995, the trial judge ruled in favor of Ms. Baumgarten, but only awarded damages in the sum of $250.00. Furthermore, the judge stated that court costs were to be borne equally by the parties.

III.

LAW AND ARGUMENT Manifest Error

In his reasons for judgment, the trial judge stated, “there was no legally cognizable damage to plaintiff other than the minimum upset of shock [sic] attendant such a mini-accident.” Our thorough review of the record leads to quite a different conclusion. The unrefuted testimonies of Dr. Brosnan and Ms. Baumgarten fully support a finding [689]*689that due to the May 11, 1994 accident, Ms. Baumgarten suffered a personal injury. The trial judge’s finding on this matter is manifestly erroneous.

Courts consistently apply the manifest error standard of review which directs an appellate court to set aside a trial court’s finding only if it is clearly or manifestly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989). The Louisiana Supreme Court in Stobart v. State through DOTD, 617 So.2d 880 (La.1993), referred ]4to a two pronged test for a reversal of a fact finder’s determinations. It stated in pertinent part that the appellate court must first find that there is no factual basis for the trial court’s ruling. Id Secondly, the appellate court must establish that the record supports the conclusion that the trial court’s finding is clearly wrong. Id. Adhering to this jurisprudential analysis, we reviewed the record in this case in order to establish whether the trial judge’s finding was reasonable.

Ms. Baumgarten reported to the officer at the scene of the accident that she was injured. Shortly thereafter, she contacted Dr. Brosnan’s office for an appointment. Two days later she saw Dr. Brosnan complaining of neck and lower back pain. When asked the status of her neck and back prior to the accident, Ms. Baumgarten stated that it was good. She testified, however, that after the accident she suffered from sharp pains in her neck and lower back as well as restriction of neck movement.' Furthermore, she informed the court that due to her pain, it became increasingly difficult for her to perform her job and household related duties, thus relying on her co-workers and husband for assistance.

Dr. Brosnan’s testimony is corroborative of that of Ms. Baumgarten. In describing his methods of evaluation of the patient, he stated that he conducted a physical and chiropractic examination which included physical palpation of the musculature and range of motion of the bones of the spine as well as X-rays. These tests yielded results consistent with Ms. Baumgarten’s complaints. Dr. Brosnan testified that Ms. Baumgarten was experiencing muscle spasms in both shoulders, reduced neck motion and cervical rotation, and muscle spasms in the lower back, each of which caused pain and discomfort. Moreover, Dr. Brosnan made objective findings of a curvature of the mid-back, misaligned lower back joints, and a loss of |snormal cervical curve. Dr. Brosnan opined that these injuries are consistent with undergoing a rear-end accident, such as the one experienced by Ms. Baumgarten.

September 14, 1994 marked the end of Dr. Brosnan’s treatment of Ms. Baumgarten’s objective complaints; he continued to treat her for subjective complaints until December of 1994. The total charge for Ms. Baumgar-ten’s chiropractic treatment was $2,470.00.

Notably, Mr. Daigle did not provide the trial court with any testimony or evidence to refute or contradict the testimonies of Ms. Baumgarten and Dr. Brosnan. Nevertheless, in spite of uncontroverted testimonies unequivocally supporting the conclusion that Ms. Baumgarten suffered cognizable injuries, the trial judge stated in his reasons for judgment that she did not suffer a “legally cognizable injury.”

Although unsure of what the trial judge meant by this statement, we are sure that it is not supported by the record. Likely, he intended to convey that Ms. Baumgar-ten merely suffered a shock. Contrarily, the uneontroverted testimonies given at trial reveal that Ms. Baumgarten suffered medically ascertainable and compensable injuries. Based on the record, we find that the trial judge was unreasonable and clearly wrong in finding that Ms. Baumgarten did not sustain a personal injury.

Seemingly, the trial judge disregarded the uncontradicted testimonies of Ms. Baumgar-ten and Dr. Brosnan. Our supreme court stated in Mart v. Hill, 505 So.2d 1120, 1127 (La.1987) that an appellate court is not required,

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689 So. 2d 687, 1997 La. App. LEXIS 301, 1997 WL 66578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baumgarten-v-daigle-lactapp-1997.