Bonnette v. Aetna Life & Casualty Insurance Co.

503 So. 2d 728, 1987 La. App. LEXIS 8821
CourtLouisiana Court of Appeal
DecidedMarch 4, 1987
DocketNo. 86-343
StatusPublished
Cited by4 cases

This text of 503 So. 2d 728 (Bonnette v. Aetna Life & Casualty Insurance 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
Bonnette v. Aetna Life & Casualty Insurance Co., 503 So. 2d 728, 1987 La. App. LEXIS 8821 (La. Ct. App. 1987).

Opinion

DOUCET, Judge.

This lawsuit arises out of personal injuries and losses allegedly sustained as a result of an automobile accident that occurred on April 3, 1984 on Louisiana Highway 29 in Avoyelles Parish, Louisiana. The accident involved an automobile driven by Bruce Bonnette in which his parents, Rita and Haven Bonnette were guest passengers. Also involved in the accident was an F-800 truck driven by Louis J. Dufour, Jr. while in the course and scope of employment with Chloride, Inc. Mr. Dufour’s helper, Gene Lacarte, was a passenger in the truck at the time of the accident.

The aforementioned accident occurred at approximately 8:45 A.M. about five miles south of Bunkie, La. Allegedly, Mr. Duf-our was following a brown Pontiac when it suddenly came to a stop in his immediate lane of travel. Mr. Dufour also contends that in order to avoid hitting the rear end of the Pontiac, he performed an evasive maneuver that forced him into the on-coming lane of travel of the Bonnette vehicle. The two vehicles collided and the Pontiac allegedly immediately left the scene of the accident.

Injured in the Bonnette vehicle were Rita, Haven, and Bruce Bonnette. The two occupants of the Dufour vehicle received only minor injuries.

Immediately after the accident, Mr. Bon-nette was removed from his vehicle and transported to Bunkie General Hospital. At Bunkie General, it was revealed that Mr. Bonnette had a fracture to his right rib, a hairline fracture of his left kneecap and a severely comminuted patella. Mr. Bonnette was thereafter transported to the Veterans Administration Hospital in Pine-ville, La. where surgery was performed on his right knee. During surgery, four pins were placed in Mr. Bonnette’s knee in order to aid the healing process. The pins were subsequently removed on an outpatient basis in a second surgery. Shortly thereafter, Mr. Bonnette sporadically underwent physical therapy on his right knee.

In 1985, Mr. Bonnette was seen by three other physicians: Dr. Marvin Clifton, a neurosurgeon, Dr. Applebaum, a neurosurgeon, and Dr. Kingsley, an orthopedic specialist.

A lawsuit was subsequently filed on behalf of Rita and Haven Bonnette and their other children in the Twelfth Judicial District Court for Avoyelles Parish. Separate lawsuits were filed on behalf of Bruce Bon-nette, his wife, Sherrie, and their three [730]*730children, also in the Twelfth Judicial District Court for Avoyelles Parish.1 Each of the lawsuits named Aetna Life and Casualty Insurance Company, Integrity Insurance Company, Chloride, Inc., and Louis J. Duf-our, Jr. as defendants. The matters were subsequently consolidated for trial and the claims of Rita and Haven Bonnette were resolved in the course of the proceedings.

The consolidated claims of Bruce and Sherrie Bonnette and their childreñ, Jason, Melissa and Jody Bonnette, were tried before a jury of twelve members over a period of four days. After due deliberations, the jury returned a verdict in favor of Bruce Bonnette in the total sum of $20,000, together with legal interest and court costs. The jury rejected the claims for loss of consortium presented on behalf of Sherrie Bonnette, individually, and Bruce and Sherrie Bonnette on behalf of their minor children. The verdict of the jury was unanimous and was dated and signed on November 9, 1985. On November 15, 1985, a judgment was signed and filed in accordance with the verdict of the jury.

On November 26, 1985, a Motion for New Trial for damages was filed on behalf of plaintiffs. The court denied the plaintiffs’ Motion for New Trial by judgment rendered and signed on December 20, 1985. This devolutive appeal was thereafter filed for plaintiffs, Bruce and Sherrie Bonnette, individually, and Bruce and Sherrie Bon-nette on behalf of their minor children.

The sole issue now on appeal is whether the jury’s award for damages was reasonable and proper as considered in light of the testimony and evidence placed before the jury. Plaintiffs contend that the jury’s award for damages was manifestly erroneous. We agree.

Mr. Bonnette bases the above contention on several factors, the first being that he is entitled to past, present and future medical expenses. While we agree with plaintiff that a person who is injured is entitled to recover all damages, past, present and future, these expenses are only recoverable if the expenses arise in connection with injuries sustained in the accident. Reck v. Stevens, 373 So.2d 498 (La.1979).

At the commencement of the trial, it was stipulated to that there were $9,490.00 in past medical expenses. Defendants agreed that $7,294.00 of those expenses arose from injuries arising out of the accident. Defendants denied that the other $2,196.00 of medical expenses incurred in connection with Mr. Bonnette’s back condition were expenses attributable to the accident. Thus, with respect to the amounts of past medical expenses owed by defendants, the sole issue which arises is whether the $2,196.00 incurred is attributed to or connected with the accident. We find that it is not.

Dr. Daniel Kingsley (an orthopedic surgeon) and Dr. Robert Applebaum (a neurosurgeon) each testified that Mr. Bonnette had a pre-existing congenital back condition that, in their respective opinions, was not aggravated by the automobile accident. Additionally, they agreed that the condition of plaintiff’s back was not such that it was disabling. Furthermore, plaintiff’s own treating physician, Dr. Vanda L. Davidson, opined that the accident did not cause any aggravation of Mr. Bonnette’s pre-existing congenital back condition. Dr. Davidson added that he based his findings in part on the fact that plaintiff’s first complaints of back discomfort were recorded approximately one year or more after the date of the accident.

Thus, as can be determined from the above testimony, there is considerable evidence which indicates that plaintiff’s back condition was not caused or aggravated by the accident in question. Whether or not the expenses incurred as a result of plaintiff's alleged back injuries were to be awarded was ultimately left up to the jury. The jury may or may not have included this amount when making their determination of how much money to award. In light of the evidence presented at trial, we find that [731]*731the jury was free to exclude such amount when making its final determination of how much to award plaintiff.

Plaintiff also claims that the jury should have included in its award, an amount for future medical expenses. Plaintiff supports this contention by claiming that the evidence set forth at trial overwhelmingly established that he would incur future medical expenses. With this contention, we do not agree.

The issues of future medical treatment and expenses were contested and controverted. The evidence and common sense supports the likelihood that plaintiff will have problems from arthritis. However, the possibility for future surgery for the knee drew differing opinions from Dr. Daniel Kingsley and Dr. Vanda Davidson. The same is true regarding the alleged need for future medication to treat arthritis in his right knee. As such, it is clear that the evidence set forth at trial did not overwhelmingly establish that plaintiff would incur future medical expenses. Consequently, we find that if the jury chose to exclude such amount when making its determination of how much money to award plaintiff, it was entirely within its discretion.

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Bluebook (online)
503 So. 2d 728, 1987 La. App. LEXIS 8821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonnette-v-aetna-life-casualty-insurance-co-lactapp-1987.