Branan v. Allstate Insurance Co.

761 So. 2d 612, 2000 WL 485558
CourtLouisiana Court of Appeal
DecidedApril 25, 2000
DocketNos. 99-CA-1209, 99-CA-1210
StatusPublished
Cited by5 cases

This text of 761 So. 2d 612 (Branan v. Allstate 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
Branan v. Allstate Insurance Co., 761 So. 2d 612, 2000 WL 485558 (La. Ct. App. 2000).

Opinion

I «SOL GOTHARD, Judge.

Defendants, Lawrence Russon and his insurer, Allstate Insurance Company (Allstate), appeal a judgment by the trial court which cast them in judgment to plaintiff, Christopher Branan, in the amount of $158,290.60 for damages sustained in an automobile accident.

This action began as one of two lawsuits which arose from a multiple car accident which occurred on December 1, 1995.1 On that day several vehicles, including one driven by Christopher Branan, were stopped at a red light on Barataría Boulevard when the vehicle driven by defendant Lawrence Russon failed to stop. Mr. Rus-soris vehicle rear-ended the last car in the line, causing a chain reaction. The investigating officers detected a strong odor of alcohol, and Mr. Russon was arrested for DWI. His blood alcohol level at the time of the accident was .190.

| ¡¡After a trial on the merits, the trial court rendered judgment awarding damages in the amount of $158,290.60. The trial court gave extensive written reasons for judgment in which it found Mr. Russon to be solely responsible for the accident. Further, the reasons for judgment discuss the evidence offered at trial and explain the specific findings of damages which are delineated as follows:

Medical Expenses $ 8,290.60
General damages $60,000.00
Future lost wages/loss of $50,000.00 earning capacity
Punitive damages $40,000.00

On appeal, defendants do not present any issues of liability for our consideration. Defendants assign five assignments of error relating to the award of damages. Defendants do not take issue with the award insofar as it relates to medical expenses or general damages for pain and suffering. All five of defendants’ assignments relate to the award of $50,000.00 for future lost wages and/or loss of earning capacity, and the award of $40,000.00 for punitive damages.

The medical evidence introduced at trial shows that plaintiff suffered back and neck injuries in the accident.

Plaintiff testified that he has ongoing soreness and stiffness in his neck. He explained that before the accident his major means of support was theater work. He did set construction and technical work on plays locally and in upstate New York. However, since the accident, he has been unable to do that type of work. He further testified that he worked in New York in the summers of 1993, 1994, and 1995. Prior to the accident between 1992 Rand 1995, plaintiff did about twenty-five plays. Between the date of the accident, December 1, 1995 and the date of trial, October 5, 1998, he has worked on only four or five. Plaintiff also testified that before the accident he worked as a technical director. In that capacity he was in charge of all construction, the hanging of lighting and sound equipment, and the physical aspects [614]*614of the play set. However, since the accident he has worked only occasionally in an advisory capacity.

Plaintiff also testified that the residual pain from the injuries sustained in the accident prevents him from driving long distances and sitting at a desk for long periods of time.

Plaintiff testified that at the time of the accident he was employed with Vocational Rehabilitation Services Incorporated, a company owned by his sister, Sharon Roe, as a job developer. He also did bookkeeping, invoicing and general handyman work. Although plaintiff missed sporadic work as a result of the accident, he did not lose any wages because his sister did not deduct the missed days from his pay statements. He explained that he was unable to concentrate while doing the bookkeeping and was in too much pain to sit at the computer to do other work, or to do the handyman jobs he had done before the accident.

Plaintiff testified that to preserve the relationship with his sister, he left his job with her company and in April of 1998 he went to work as a bartender aboard the Creole Queen. He was employed in that capacity until June, 1998 when he accepted a similar position at Boomtown Casino where he is currently employed.

| ¡¿Plaintiff offered testimony regarding his education and training. He stated that he graduated from Belle Chasse High School in 1981. He holds a Bachelor of Science Degree in general science from Our Lady of Holy Cross College in New Orleans, which he obtained in May, 1998. He has also attended Louisiana Tech University and Delgado Community College, but describes his performance at those institutions as “poor”. He testified that he was not “focused” and had no real goals. He was demoralized by school because of the fear that he had failed so many times. Then he got into theater work and found his direction.

Plaintiff stated that prior to the accident, he suffered with tinnitus which caused continuing ringing in the ears and disrupted his concentration. This condition also resulted in emotional problems. He has hearing aids to correct the problem. Testing through the State of Louisiana’s vocational rehabilitation program in 1995 indicated that his poor academic standing could be attributed to his inability to concentrate or hear clearly. As a result of these findings, plaintiff received financial aid for college tuition. He stated that he has applied to the University of New Orleans Masters Program for the fall semester and it is likely that the State would provide tuition money. Originally he would have pursued a Masters in technical theater; now however, he has been forced To change his focus to a more administrative position with the theater. In either event he would obtain a Masters of Fine Arts.

He testified that he is currently living with his parents in Jesuit Bend. His sister, Sharon Roe, lives next door.

| r,The record contains a deposition from plaintiffs treating physician, Dr. Kenneth Adatto. Dr. Adatto testified that after diagnostic tests, plaintiff was diagnosed with low-grade pathology at several levels in the upper back and cervical discs. Dr. Adatto opined that plaintiff could continue his employment with his sister as an assistant to a vocational rehabilitation counsel- or. However, he would have to be careful in his pursuit of his occasional employment as a stage designer.

Dr. Adatto further explained to the plaintiff that surgery to reduce the pain by about 80% was an option to consider. However, plaintiff was resistant to undergoing the surgery. Dr. Adatto stated that under the AMA guidelines, plaintiff has about a 10 to 15 percent disability. He will have to avoid stooping and bending repetitively and lifting heavy objects overhead. The doctor explained that the longer a patient goes without the surgery, the less likely it is they will need it in the future. As long as plaintiff can function [615]*615without excessive pain, Dr. Adatto advised against the surgery.

Dr. Adatto testified that plaintiff continued to work the entire time he was treated. Plaintiff voiced some complaints about having difficulty working, but Dr. Adatto stated that plaintiff learned to manage the problems. Dr. Adatto told plaintiff he may have some trouble with the heavy work involved in doing set designs so he should use common sense and be careful not to re-injure his neck.

Plaintiffs sister, Sharon Roe, testified that she is self-employed as a vocational rehabilitation counselor. She stated that she saw no conflict of interest in testifying on her brother’s behalf in her professional capacity. Ms.

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

Related

Lemings v. Taylor
M.D. Louisiana, 2021
Burgard v. Allstate Ins. Co.
904 So. 2d 867 (Louisiana Court of Appeal, 2005)
Aguillard v. Meiners
857 So. 2d 1034 (Louisiana Court of Appeal, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
761 So. 2d 612, 2000 WL 485558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branan-v-allstate-insurance-co-lactapp-2000.