Beverly v. Guidry

890 So. 2d 654, 2004 WL 2723203
CourtLouisiana Court of Appeal
DecidedDecember 1, 2004
Docket04-539
StatusPublished
Cited by2 cases

This text of 890 So. 2d 654 (Beverly v. Guidry) 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
Beverly v. Guidry, 890 So. 2d 654, 2004 WL 2723203 (La. Ct. App. 2004).

Opinion

890 So.2d 654 (2004)

Audrey BEVERLY, et al.
v.
Joseph GUIDRY, et al.

No. 04-539.

Court of Appeal of Louisiana, Third Circuit.

December 1, 2004.
Rehearing Denied January 26, 2005.

Edward O. Taulbee, IV, Taulbee & Escott, L.L.C., Lafayette, LA, for Defendants/Appellees, Louisiana Farm Bureau Mutual Insurance Company and Joseph Guidry.

Stanton Kyle Sherman, Lafayette, LA, for Plaintiffs/Appellants, Audrey Beverly and Hillman Garrick, Jr.

*655 Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, GLENN B. GREMILLION and ELIZABETH A. PICKETT, Judges.

GREMILLION, Judge.

In this low-impact automobile accident dispute, plaintiffs, Audrey Beverly and Hillman Garrick, Jr., appeal the trial court's finding that no injuries were sustained from the accident and, therefore, its failure to award damages. The defendants, Joseph Guidry and Louisiana Farm Bureau Mutual Insurance Company, appeal the trial court's judgment that an accident occurred. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On the morning of January 28, 2002, Beverly was illegally parked in a handicapped spot in a Wal-Mart Shopping Center parking lot. Beverly asserts that she and Garrick were sitting in her parked Jeep Cherokee when Guidry backed his Chevrolet pickup truck from his parking space into her car striking the left rear corner. Both Beverly and Garrick claim injuries as a result of this alleged impact. The trial court held that Beverly had proven an accident occurred, but concluded that the minimal force of the impact militated against an award of damages. Both parties now appeal. We will consider whether the trial court erred in finding that an accident occurred and whether it erred in finding that no injury occurred as a result of the accident.

LAW

As set forth in Arceneaux v. Domingue, 365 So.2d 1330 (La.1979), appellate courts may not disturb the factual findings of the trier of fact in the absence of manifest error. Arceneaux laid out a two prong test for appellate review of facts:

1) The appellate court must find from the record that there is reasonable factual basis for the finding of the trial court, and
2) The appellate court must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous).

Id.

ACCIDENT

Guidry maintains that the accident did not occur and, further, that the vehicles were in a different area of the parking lot than what the plaintiffs assert. Plaintiffs hired an accident reconstructionist, Richard Fox. Fox testified that, although he could not find anything on Guidry's bumper, he still believed that the damages were consistent with the manner in which the bumpers on the vehicles could have come together. In addition, Beverly and Garrick testified to hearing the impact as it was occurring. After a review of the depositions and the reports, the trial court found that the plaintiffs had carried their burden of proof that there was contact between the vehicles. We find no manifest error in the trial court's conclusion that a contact occurred.

INJURY

Beverly argues that the trial court's finding that because the contact was so minimal, she and Garrick did not sustain injuries, is erroneous. We disagree. The plaintiff bears the burden of proving, by a preponderance of the evidence, a causal connection between the accident and subsequent injury, which is generally accomplished through medical testimony. See Petersen v. State Farm Auto. Ins. Co., 543 So.2d 109 (La.App. 3 *656 Cir.), writ denied, 546 So.2d 1223 (La.1989).

The trial court found that the doctors who testified on Beverly's behalf, who concluded that the contact caused her resulting injuries, based their findings on Beverly's erroneous reports that the impact was more significant than the trial court found. We agree. Beverly stresses that it would be erroneous and would risk setting a dangerous "precedent" to conclude that minimal impact accidents necessarily lead to minimal injuries. We do not find that occurred in this case. Moreover, we find it would be an erroneous "precedent" to suggest that anytime a vehicle makes contact with another vehicle, however slight, a plaintiff is automatically entitled to damages because she was able to provide medical testimony that the "accident" was the cause of or aggravated her injuries. In cases where there are no objective signs of injury, a plaintiff's subjective claims of causation, as subsequently related to a medical care provider, would ensure a plaintiff's success whether the claim was valid or not.

The trier of fact is in the best position to determine the extent of the accident and resultant injuries, if any. A trial court or jury can find that a plaintiff would have had the same medical problems if the accident had not occurred. See Delahoussaye v. State Farm Mut. Auto. Ins. Co., 520 So.2d 891 (La.App. 3 Cir.), writ denied, 522 So.2d 561 (La.1987). It is also proper for the trier of fact to "consider the minimal nature of the accident." Fletcher v. Langley, 631 So.2d 693, 698 (La.App. 3 Cir. 2/2/94), writ denied, 635 So.2d 1139 (La.4/7/94).

The trial court made a factual determination that Beverly's alleged injuries did not result from the contact between the Guidry truck and Beverly's Jeep. This finding was reasonable based on the evidence presented at trial.

Beverly saw several physicians and health care providers regarding pain in her neck, shoulder, arm, and her trapezius area. She visited Dr. Karrie Kilgore, her family physician, on January 30, 2002, two days after the accident. Dr. Kilgore diagnosed Beverly with cervical strain. Dr. Kilgore had seen Beverly thirty-five times for various medical complaints since March 15, 1999. She testified that Beverly's complaints of shoulder and arm pain were the same as her complaints before the accident and that Beverly's own description of the intensity of her pain remained the same pre and post-accident. Dr. Kilgore testified that Beverly's shoulder and arm complaints were chronic and would flare up when she lifted something heavy. Although Dr. Kilgore testified that she felt she was exaggerating her complaints following the accident, she still believed that the cervical strain was more probably than not related to the accident of January 28, 2002, and that Beverly's symptoms in her upper left extremity were more probably than not aggravated by the alleged accident.

Beverly also saw Dr. John Humphries, an orthopedic doctor. Dr. Humphries diagnosed her with a neck sprain, post-traumatic headache disorder, and a strain of the left shoulder. Dr. Humphries prescribed medication and physical therapy, and told Beverly she was unfit to work until June 26, 2002, about six months after the accident. The record revealed that Beverly did not inform Dr. Humphries of her prior pain and injuries but only of the January 28, 2002 accident. However, even after Dr. Humphries was apprised of her past conditions, he still believed that it was, more probable than not, that the current condition resulted from the January 28, 2002 accident. Beverly also saw Dr. *657 David Barczyk, a chiropractor; Dr. Alan Appley, a neurosurgeon, who found evidence of cervical spondylosis, which he believed was aggravated by the January 28, 2002 accident; and, Dr. Wayne Lindemann, who diagnosed her with whiplash cervical injury.

Garrick saw Dr. Humphries on February 7, 2002, and he was discharged on June 26, 2002.

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890 So. 2d 654, 2004 WL 2723203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beverly-v-guidry-lactapp-2004.