Benoit v. Terrebonne Parish School Board

482 So. 2d 721, 30 Educ. L. Rep. 967, 1985 La. App. LEXIS 10531
CourtLouisiana Court of Appeal
DecidedDecember 26, 1985
DocketNo. 84 CA 1126
StatusPublished

This text of 482 So. 2d 721 (Benoit v. Terrebonne Parish School Board) 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
Benoit v. Terrebonne Parish School Board, 482 So. 2d 721, 30 Educ. L. Rep. 967, 1985 La. App. LEXIS 10531 (La. Ct. App. 1985).

Opinion

CARTER, Judge.

This is an appeal from a trial court judgment for damages arising out of an automobile accident. Liability is not at issue. Quantum is the only matter before us for review.

FACTS

On August 6, 1981, while driving a vehicle in the course and scope of his employment as a sales representative with Pioneer Fishing and Rental Tools (Pioneer), plaintiff, Thomas Edward Benoit, was struck in • the rear by a truck being driven by defendant John Harvey, owned by his employer, Terrebonne Parish School Board, and insured by Liberty Mutual Insurance Company, the Board’s insurer. At the time of the accident, Harvey was operating the truck in the course and scope of his employment with the School Board. As a result of the accident, plaintiff suffered severe back injuries, leaving him permanently partially disabled and unable to perform the work he was performing at the time of the accident.

There is no dispute on appeal as to the fault of the defendants or the extent of plaintiff’s injuries. The trial judge assessed damages against Harvey, the Terre-bonne Parish School Board, and Liberty Mutual Insurance Company in solido,1 as follows:

A. Loss of salary and employment related benefits to date of trial .$ 53,8:12.00
B. 1. The present value of salary lost from date of trial forward to end of his life work expectancy $514,347.00
2. Medical Insurance Contributions lost .$ 18,240.00
3. The Value of [Future] Profit Sharing lost .
TOTAL OF B .$558,310.00
C. Present, past and future pain and suffering $ 50,000.00
I). Past Medical Expenses .$ 17,538.70
E. Future Medical Expenses .$ 17,.⅜.!8.70
TOTAL DAMAGES .$007,210.52

Defendants have appealed the trial court’s award for plaintiff’s past and future loss of earnings, as well as its award to the plaintiff for loss of fringe benefits, namely, the profit sharing plan of his employer.

DISCUSSION

At the time of the accident and injury sustained by plaintiff, he was employed as a sale representative of Pioneer at an initial salary of $2800.00 per month. The agreement with his employer was that at the end of six months, plaintiff’s salary would be increased to $3200.00 per month. His employer furnished an automobile and expenses, and paid all but approximately $55.50 of a $182.00 per month hospital[723]*723ization insurance policy premium, resulting in a fringe benefit of approximately $130.00 per month. Plaintiff was eligible for end of the year bonuses and the company’s pension profit sharing plan. The amount of money paid for bonuses and the pension profit sharing plan varied each year, depending on the company’s annual profits.

Because of the injury and the worsening condition of plaintiff’s back, he was not able to complete the six month period necessary to receive the increase in salary promised. Plaintiff was forced to seek other employment where less automobile driving was required. He applied for a position with Rental Specialties. Mr. Donald Cock-erham, owner of Rental Specialties, testified that he would employ plaintiff upon plaintiff’s release from a doctor’s care. Plaintiff was willing to take the job which was in a field related to his former work, but only involved answering telephones and doing clerical work. The pay for this position would be $1200.00 per month. Mr. Cockerham testified that he would “probably give him [plaintiff] a couple hundred dollars a month increase in a couple months, depending on how it worked out.”

Plaintiff called Dr. Melvin Wolfson, an expert economist, who was the only expert witness to testify with reference to plaintiff’s loss of past and future earnings.- Defendant was given an opportunity post trial to depose an expert economist, but did not do so. Dr. Wolfson testified that he based his calculations for loss of future earnings on the assumption that plaintiff would have made $2400.00 per month had he not been injured, since all employees of Pioneer had their pay cut to $2400.00 per month in October of 1982. He made his projections based on a $2400.00 per month salary for two years and thereafter his projections were based on a 6% annual growth (infla-tion) rate. Further, in calculating future earnings, Dr. Wolfson assumed that plaintiff would actually earn $1200.00 per month. Plaintiff’s actual loss was figured as the difference between this figure and what he would have earned if he could have continued to work for Pioneer (discounting this figure, of course, to find its present value).

It is hornbook law that the factual determination of the trial court should not be disturbed unless the factual findings are unsupported by the record resulting in the trial court abusing its much discretion. Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976); Black v. Ebasco Services, Inc., 411 So.2d 1159 (La.App. 1st Cir.1982), writ denied, 414 So.2d 1253 (La.1982). Although a trier of fact is not bound to follow the opinion of expert witnesses, the trier of fact can use the mathematical projections as one of the guides in computing an award. Smith v. Andrepont, 378 So.2d 479 (La.App. 1st Cir.1979), writ denied, 380 So.2d 102 (La.1980); Brown v. Southern Farm Bureau Ins. Co., 426 So.2d 684 (La.App. 1st Cir.1982).

Appellants contend that in light of Mr. Cockerham’s testimony, the figure of $1400.00 per month should have been used to reduce the figure of plaintiff’s future losses, rather than $1200.00 which was used by the economist and adopted by the trial judge.

This was a matter within the discretion of the trial judge. Mr. Cockerham qualified his testimony about possible raises with the statement, “depending on how it worked out.” .The trial judge fairly interpreted this as merely a possibility and too speculative to use the higher figure in reducing future losses. We find no manifest error in this decision.

Appellants further contend that Dr. Wolfson was in error in assuming a 6% inflation rate in projecting plaintiff’s future salary losses. At the time of trial, appellants showed a 3½% inflation rate for a five month period preceeding trial. Appellants maintain that the present inflation rate is only 3½% and any future projections as to inflation rates are pure speculation.

When questioned about the 3½% inflation rate for the previous twelve months and the possible negative inflation rate for the month prior to trial, Dr. Wolfson ex[724]*724pressed doubt that such a short time period established a significant economic trend. He gave a detailed historical explanation of his reasoning behind the use of the 6% figure as follows:

Q. What have you assumed that his wages will increase over rest of his work life and why have you assumed
A. The assumption that we made was a 6% increase.

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Related

Brown v. Southern Farm Bureau Ins. Co.
426 So. 2d 684 (Louisiana Court of Appeal, 1982)
Black v. Ebasco Services, Inc.
411 So. 2d 1159 (Louisiana Court of Appeal, 1982)
Coco v. Winston Industries, Inc.
341 So. 2d 332 (Supreme Court of Louisiana, 1977)
Smith v. Andrepont
378 So. 2d 479 (Louisiana Court of Appeal, 1980)

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Bluebook (online)
482 So. 2d 721, 30 Educ. L. Rep. 967, 1985 La. App. LEXIS 10531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benoit-v-terrebonne-parish-school-board-lactapp-1985.