Boudreaux v. Terrebonne Parish Police Jury

477 So. 2d 1235, 1985 La. App. LEXIS 9938
CourtLouisiana Court of Appeal
DecidedOctober 8, 1985
Docket85 CA 0269
StatusPublished
Cited by13 cases

This text of 477 So. 2d 1235 (Boudreaux v. Terrebonne Parish Police Jury) 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
Boudreaux v. Terrebonne Parish Police Jury, 477 So. 2d 1235, 1985 La. App. LEXIS 9938 (La. Ct. App. 1985).

Opinion

477 So.2d 1235 (1985)

Druis BOUDREAUX
v.
TERREBONNE PARISH POLICE JURY.

No. 85 CA 0269.

Court of Appeal of Louisiana, First Circuit.

October 8, 1985.
Rehearing Denied November 8, 1985.

Grady C. Weeks, Houma, for plaintiff and appellee Druis Boudreaux.

Jerry L. Hermann, Houma, for defendant and appellant Terrebonne Parish Police Jury.

Jerry H. Schwab, Houma, for defendant and appellee Nolan A. Picou.

Before CARTER, SAVOIE and ALFORD, JJ.

*1236 SAVOIE, Judge.

Defendant, Terrebonne Parish Police Jury, appeals the trial court's judgment in favor of plaintiff, Druis Boudreaux, and dismissal of defendant's third party demand against Nolan Picou.

On March 29, 1983, Boudreaux, was involved in a two-car collision on Parish Road Sixteen, commonly known as Hollywood Road, located in Terrebonne Parish, Louisiana. Nolan Picou, driver of the other vehicle, was proceeding west on Hollywood Road when he inadvertently left the road's paved portion onto the shell shoulder. The Picou vehicle travelled the shoulder approximately 132 feet before it struck a rut causing Picou to lose control of the vehicle. The vehicle then veered left, crossed both lanes of travel and entered onto the opposite shoulder before re-entering the road and striking Boudreaux's vehicle headon. At the time of impact, Picou's vehicle was estimated to have been traveling 25-30 mph, while Boudreaux's vehicle was at a complete stop. As a result of this accident, Boudreaux alleges to have sustained injuries to his back rendering him totally disabled.

Boudreaux filed suit against the Terrebonne Parish Police Jury as owner and custodian of Hollywood Road, alleging liability under both negligence and strict liability. Thereafter, the Police Jury filed a third party demand against Nolan Picou and his insurer, State Farm Insurance Company, seeking indemnity and/or contribution.

The trial court, finding the road defective based upon the rut and the shoulder's loose gravel, held the Police Jury strictly liable. Judgment was rendered in favor of Boudreaux and against the Police Jury in the amount of $499,757.76, together with legal interest. This award included $135,000.00 in general damages; $25,000.00 for an additional 10% disability sustained by Boudreaux; $328,060.99 in lost wages; $1,326.80 in property damages for repair to his automobile; and $10,370.87 for medical bills. Further, the court dismissed the Police Jury's third-party demand against Nolan Picou.

From this judgment the Police Jury alleges the following specifications of error:

"1. The trial court erred as a matter of fact and law in finding a causal connection between the accident in this case and the injuries allegedly suffered by Druis Boudreaux.
"2. The trial court erred as a matter of law and fact in awarding excessive damages in the amount of $135,000.00 for physical and mental pain and suffering and $25,000.00 for disability.
"3. The trial court erred as a matter of fact and law in awarding any amount for lost wages in this matter.
"4. The trial court erred as a matter of fact and law in awarding $10,307.87 as medical expenses and in finding a causal connection between the accident in this case and the medical bills incurred by plaintiff.
"5. The trial court erred as a matter of law and fact in holding that the accident in this case caused the plaintiff to be permanently and totally disabled from engaging in any gainful employment.
"6. The trial court erred as a matter of fact in holding that the plaintiff's first lumbar fusion was "broken" as a result of the accident when all of the competent medical evidence, including that of the plaintiff's treating physician, showed beyond a doubt that the first fusion was unsuccessful from the day it was performed.
"7. The trial court erred as a matter of law and fact in allowing property damages of $1,326.80 when the plaintiff had not prayed for such damages and when the defendant objected to the introduction of any damage estimates to enlarge the pleadings.
"8. The trial court erred as a matter of law in dismissing the third party demand of the Terrebonne Parish Police Jury against Nolan Picou, the driver of the vehicle which ran off the road and collided into the plaintiff's vehicle.
*1237 "9. The trial court erred as a matter of law in finding that Hollywood Road was defective for the purposes of imposing strict liability upon the Terrebonne Parish Police Jury as a result of the accident in this case."

Due to this court's disposition of the causation issue (Specification of Error Nos. 1, 5, and 6), discussion of Specification of Error Nos. 2, 3, 4, 8, and 9 is hereby pretermitted.

Specifications of Error Nos 1, 5, and 6

The Police Jury asserts that the trial court erred in finding a causal connection between the accident herein and the injuries allegedly sustained by Boudreaux. Specifically, it asserts that Boudreaux failed to prove this accident, (1) caused the injuries he now complains of, (2) permanently and totally disabled him from engaging in any gainful employment, and (3) "broke" his first lumbar fusion.

It is well settled in Louisiana that causation is a question of fact to be determined by the trier thereof. Moreover, the trier of fact's determination is entitled to great weight and cannot be disturbed absent manifest error. McSweeny v. Department of Transporatations and Development of Louisiana, 442 So.2d 659 (La.App. 1st Cir.1983). It is equally well settled that the burden of proving both the existence of injuries and the causal connection between them and the accident, rests with the plaintiff. Such proof must be shown to a legal certainty and by a reasonable preponderance of the evidence, a mere possibility is insufficient. Stevens v. Gulf American Fire & Casualty Co., 317 So.2d 199 (La. App. 1st Cir.1975).

In order to fully understand and appreciate the injuries Boudreaux claims to have suffered as a result of the accident, a review of his prior medical history is necessary.

Boudreaux's back problems appeared in 1976 while he was working for Texaco as a carpenter. While on the job, Boudreaux had an accident which resulted in the surgical removal of two disks from his lower back by Dr. Irving K. Cahen. Boudreaux returned to work within five months following the surgery, but sustained a lower back strain in July of 1979, as a result of another work related accident. In May of 1981, Boudreaux was involved in a third work related accident which necessitated a lower back fusion performed by Dr. Leo Watermier.

After the fusion operation in 1981, Boudreaux never returned to his employment at Texaco and was listed as being permanently and totally disabled. Between the May, 1981, surgery and the accident herein, there is conflicting testimony as to the condition of Boudreaux's back and the pain he experienced. We note that at the time of the accident Boudreaux was receiving Social Security benefits and Retirement benefits on the basis of total permanent disability.

According to Boudreaux's testimony, although he did not return to work for Texaco following the 1981 fusion surgery, he was still able to work and perform regular tasks around the house. Boudreaux testified that he was able to paint the house, lay cement, build a shed, cut the grass, all without pain. He claimed to experience only occasional pain after a hard day's work; that pain being more in his hip than in his back.

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Bluebook (online)
477 So. 2d 1235, 1985 La. App. LEXIS 9938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boudreaux-v-terrebonne-parish-police-jury-lactapp-1985.