Bonner v. Watkins Motor Lines, Inc.

494 So. 2d 1363
CourtLouisiana Court of Appeal
DecidedSeptember 24, 1986
Docket18250-CA, 18251-CA
StatusPublished
Cited by10 cases

This text of 494 So. 2d 1363 (Bonner v. Watkins Motor Lines, Inc.) 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
Bonner v. Watkins Motor Lines, Inc., 494 So. 2d 1363 (La. Ct. App. 1986).

Opinion

494 So.2d 1363 (1986)

Donald BONNER, et ux., Plaintiffs-Appellees,
v.
WATKINS MOTOR LINES, INC., et al., Defendants-Appellants.
Dottie CONQUEROR, Plaintiff-Appellant,
v.
WATKINS MOTOR LINES, INC., et al., Defendants-Appellants.

Nos. 18250-CA, 18251-CA.

Court of Appeal of Louisiana, Second Circuit.

September 24, 1986.

*1364 Nelson, Hammons & Johnson by John L. Hammons, Shreveport, for plaintiff-appellant, Dottie Conqueror.

Robert A. Jahnke, Shreveport, for plaintiff-appellee, Linda Bonner.

Rountree, Cox & Guin by Gordon E. Rountree, Shreveport, for defendants-appellants, Watkins Motor Lines, Inc., William A. Loach and Waco Fire & Cas. Co.

Cook, Yancey, King & Galloway by Brian A. Homza, Shreveport, for intervenor-appellant, American Employers Ins. Co.

Before MARVIN, SEXTON and NORRIS, JJ.

SEXTON, Judge.

This is an action in negligence brought to recover damages allegedly sustained as a result of an automobile accident. The two cases above entitled arise out of the same set of facts and were consolidated by the trial court. Plaintiff, Linda Bonner, was operating a 1979 Chevrolet Monte Carlo in which her mother, Dottie Conqueror, the other plaintiff herein, was a passenger. Also involved in the accident was an 18-wheel tractor trailer rig operated by William A. Loach, and owned by Watkins Motor Lines, Inc. This collision precipitated a suit by the original plaintiff, Dottie Conqueror, against William A. Loach, Watkins Motor Lines, Inc., his employer, and their respective liability insurers, Waco Fire and Casualty Company, and Atlanta International Insurance Company. Linda Bonner, in a separate suit, brought action against the same defendants.

The trial court found defendant William A. Loach one hundred percent negligent in the cause of the accident. Judgment was awarded in favor of plaintiff Linda Bonner and against William A. Loach, Watkins Motor Lines, Inc., and Waco Fire and Casualty Insurance Company, in solido, in the amount of $5,427.38. Plaintiff Dottie Conqueror was awarded damages in the amount of $144,819.87, which constituted awards for general damages and past medical expenses.

American Employer's Insurance Company, insurer of the Bonner vehicle, intervened in this litigation to collect the sum of $3,904.00, together with legal interest thereon, representing the amount of property damage paid to the Bonners by American.

Dottie Conqueror, William A. Loach, Watkins Motor Lines, Inc. and Waco Fire and Casualty Company appeal.

FACTS

The accident which gave rise to this litigation occurred on April 6, 1981, in the *1365 eastbound lanes of Interstate 20 approximately 300 feet east of the Lakeshore Drive Exit in Shreveport, Louisiana. Plaintiff, Linda Bonner, was operating a 1979 Chevrolet automobile in which her mother, Dottie Conqueror, was a passenger. William A. Loach, also eastbound on Interstate 20, was operating a tractor trailer vehicle, owned by Watkins Motor Lines, Inc. As both vehicles were proceeding eastbound on Interstate 20, an impact or near impact occurred between the two vehicles. As a result, Linda Bonner's vehicle spun out of control and collided with the center guardrail in the median of Interstate 20. The events which led to this accident are disputed by the parties who were the only witnesses to the event.

Linda Bonner testified that she was eastbound on Interstate 20 in the center lane of traffic when she observed the Loach vehicle in her left side mirror overtaking her on the left. Mrs. Bonner further testified that the Loach vehicle changed lanes from the left lane into the center lane causing an impact with her car. As a result of this impact, Mrs. Bonner stated that the steering wheel was knocked out of her hands whereupon her car went into an immediate clockwise spin. She stated that her car then passed behind Loach's vehicle and impacted with the center guardrail of Interstate 20.

William Loach testified differently. Loach testified that he was attempting to change lanes when he heard tires squeeling in the near vicinity of his rig. He then stated that he attempted to "shut his rig down." Loach indicated that the first time he saw the Bonner vehicle was when it was parallel to the cab of his truck. He testified that the Bonner vehicle then skidded in front of his vehicle and struck the center rail of Interstate 20.

Leonidas Denson, accident reconstruction expert and witness for the defense, testified that after visiting the scene of the accident and viewing pictures of the Bonner car, he did not feel that impact occurred between the two vehicles. He further opined that he believed Mrs. Bonner panicked and lost control of her car. He did testify, however, that his reconstruction account would be invalid if no skid marks were found in the area of the accident.

The officer that investigated the accident testified that he observed no skid marks at all. He further testified that he did not know if contact occurred between the two vehicles.

Plaintiff, Dottie Conqueror, alleges that as a result of the accident she struck her head against the inside of the vehicle which ultimately led to injuries including organic brain syndrome, temporal lobe epilepsy, severe depression, paranoia, hallucinations and suicidal and homicidal ideation. She maintains that following the accident she has exhibited bizzare and paranoid behavior, becomes easily upset, has assaulted people with a firearm, and has considerable difficulty completing simple household chores.

The trial court determined that Dottie Conqueror's behaviorial problems were caused by the injuries sustained in the accident. However, the trial court failed to find sufficient proof mandating an award for lost wages. The court based its opinion on the fact that no records, in the form of payroll checks, deposit slips, or tax records, were introduced. The court therefore refused to speculate.

Likewise, the court refused to grant Mrs. Conqueror an award for future medical expenses including the cost of hospitalization and/or nursing home care. In this regard, the court indicated that the preponderance of medical testimony was to the effect that with medication such confinement would not be necessary.

Mrs. Conqueror has appealed the ruling of the trial court on the issue of quantum. William A. Loach, Watkins Motor Lines, Inc., and Waco Fire and Casualty Company also appeal maintaining that the opinion was erroneous in regard to both liability and quantum. American Employer's Insurance Company has appealed solely to protect its rights on appeal and maintains that the judgment of the trial court is correct.

*1366 Plaintiff, Dottie Conqueror, asserts four specifications of error. Her first contention is that the trial court erred in refusing to allow the introduction of medical bills totalling $18,699.65 that were incurred by the plaintiff after the termination of trial but prior to the rendition of the opinion of the trial court. In this regard, she contends that there was unnecessary delay by the trial court in rendering the opinion which created prejudicial circumstances and therefore the trial court should have considered additional medical expenses incurred during the interim.

Secondly, she alleges the trial court erred in failing to make any award for future medical expenses including hospitalization and nursing home costs.

Plaintiff's third and fourth specifications of error assert that the trial court erred in failing to award a sum for past or future loss of income and in failing to award an adequate sum as general damages.

Defendants, William A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Orillac v. Solomon
765 So. 2d 1185 (Louisiana Court of Appeal, 2000)
Gladney v. May
697 So. 2d 1022 (Louisiana Court of Appeal, 1997)
Antley v. Brantly
669 So. 2d 685 (Louisiana Court of Appeal, 1996)
Bolton v. Nagalla
609 So. 2d 1134 (Louisiana Court of Appeal, 1992)
Custom Builders Corp. v. Chesebro
825 S.W.2d 15 (Missouri Court of Appeals, 1992)
Patrick v. Alphin
825 S.W.2d 11 (Missouri Court of Appeals, 1992)
Maxwell v. Soileau
561 So. 2d 1378 (Louisiana Court of Appeal, 1990)
Risk v. State
549 So. 2d 1272 (Louisiana Court of Appeal, 1989)
Holloway v. State ex rel. Department of Transportation & Development
549 So. 2d 859 (Louisiana Court of Appeal, 1989)
Lindsay v. Toys
499 So. 2d 462 (Louisiana Court of Appeal, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
494 So. 2d 1363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonner-v-watkins-motor-lines-inc-lactapp-1986.