Broussard v. OAK TRACE APARTMENTS

69 So. 3d 1257, 11 La.App. 3 Cir. 125, 2011 La. App. LEXIS 877, 2011 WL 2694186
CourtLouisiana Court of Appeal
DecidedJuly 13, 2011
Docket11-125
StatusPublished
Cited by1 cases

This text of 69 So. 3d 1257 (Broussard v. OAK TRACE APARTMENTS) 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
Broussard v. OAK TRACE APARTMENTS, 69 So. 3d 1257, 11 La.App. 3 Cir. 125, 2011 La. App. LEXIS 877, 2011 WL 2694186 (La. Ct. App. 2011).

Opinion

KEATY, Judge.

_JjThis litigation arises out of an incident in which plaintiff tripped and fell on a stairwell in her apartment complex, breaking her ankle in two places. Plaintiff sued for damages, naming the apartment complex, the two property owners, and the maintenance manager as joint defendants. The trial court, sitting without a jury, found in favor of plaintiff. This is an appeal by the defendants from the judgment against them. We are called upon to determine whether the trial court committed manifest error in finding that there was a causal relationship between the condition of the stairway and plaintiffs injury and whether the trial court was manifestly erroneous in awarding damages absent a factual basis in the record.

FACTS

Plaintiff, Golden Broussard (Broussard), tripped and fell on a staircase in Oak Trace Apartment Complex at approximately 5:30 a.m. on March 22, 2008, as she was leaving her home to go to work. Brous-sard recalled that her ankle hurt badly immediately after falling. At work, she called a relative to take her to the E.R., where it was determined that she had broken her ankle in two places. She was on crutches, missed work, and ultimately had to have surgery on her ankle a week later. Broussard was unable to work for approximately two and a half months.

When she returned home from the hospital on March 22, she called Lee Gau-treaux, property manager for the apartment complex, and told him about her injury, stating that she wanted to file a claim with their insurance. Subsequently, she wrote a description of the accident for Gautreaux.

In July 2008, Broussard was in a car accident that aggravated her ankle injury and caused her to experience new pain for about two months. She went to the doctor *1260 and also missed work as a result of that accident.

1 gBecause of the March 22 accident and subsequent surgery, Broussard was no longer able to perform her job duties as supervisor of housekeeping and had to take a desk job as a night auditor instead. She can no longer walk on the treadmill three times a week, she experiences chronic pain, and she is scared, on a daily basis, of falling again.

PROCEDURAL HISTORY

Broussard filed suit against five defendants: Oak Trace Apartments; the owners of the building she lived in, Keo J. Hadsdy and Ko Ounsamone; and the property manager and his wife, Lee and Lisa 1 Gau-treaux. Broussard sought damages as a result of her March 22 accident and subsequent surgery.

A bench trial was held on September 27 and 28, 2010. At the close of the trial, the trial court took the matter under advisement, pending post-trial briefs by counsel. On December 6, 2010, the trial court issued a judgment finding in favor of plaintiff and against defendants, in solido, in the amount of $77,109.51, representing $18,774.35 in medical expenses, $8,335.16 in lost wages, and $50,000.00 in general damages.

In its reasons for ruling, the trial court found that Broussard was credible. It further found that she was a tenant of Oak Trace Apartments, that more probably than not, the landing and lack of lighting in the area were the cause of the accident, and that these conditions existed for a significant period of time before the accident. The trial court found that the condition of the landing and the lack of lighting were unreasonably dangerous, that defendants knew or should have known of the Ldangerous conditions, and that defendants were liable to Broussard for her injuries sustained as a result of the March 22 accident.

Defendants appeal, asserting two assignments of error: that the trial court was manifestly erroneous in finding a causal relationship between the stairway and the plaintiffs injury, as the record lacks any reasonable factual basis to support that finding, and that the trial court was manifestly erroneous in awarding damages for which there is no factual basis in the record.

DISCUSSION

Causation

Defendants assert that the trial court was manifestly erroneous in finding that the stairway and lack of lighting more probably than not caused plaintiff to trip, fall, and injure herself. They assert that there is no reasonable factual basis to support the trial court’s finding in the record. A “question of cause-in-fact involves a factual determination.” Todd v. State through Dep’t of Soc. Servs., Office of Cmty. Servs., 96-3090, p. 6 (La.9/9/97), 699 So.2d 35, 39. We will not reverse a trial court’s finding of fact absent a clear showing of manifest error. See Rosell v. ESCO, 549 So.2d 840 (La.1989).

The trial court found Broussard to be credible. Additionally, the trial court found “that, more probable than not, the condition of the landing and the lack of *1261 lighting in the area were the cause of the accident, and these conditions existed for a significant period of time prior to the accident.”

At trial, Broussard testified that the lights in her building had never worked and that they were not working on the day of the accident. She further testified that it was dark outside that morning and that, although she could see a little, a brick wall at thejjbase of the stairway made it harder to see in that location. Broussard stated that although she did not notice or look for any defect in the property before or immediately after she fell, she did notice two pieces of concrete at the bottom of the step when she returned home from the hospital later that day and thought that those must have been what she tripped on. She testified that this stairway was the only way to get to or from her apartment.

Lee Gautreaux testified that he had done work on Broussard’s staircase in February of 2008. Although he opined that the staircase had no defect at the time Broussard fell, the trial court chose to believe Broussard over Gautreaux. Gau-treaux further testified that he had replaced light bulbs in the buildings before but that he seldom went to the buildings at night, so generally he would only know that a light was out if a resident complained.

After carefully reviewing the record, we find that the trial court did not commit manifest error in finding that the condition of the stairway and the lack of lighting caused Broussard to trip, fall, and break her ankle.

Damages

The trial court awarded a total of $77,109.51 in damages, representing $18,774.35 in medical expenses and $8,335.16 in lost wages, both special damages, and $50,000.00 in general damages. Defendants assert that the damage awards are not supported by the record, making them unreasonable and erroneous. “ ‘Special damages are damages which can be established with reasonable mathematical certainty.’ ” Jimmerson v. Rearden, 98-1120, p. 3 (La.App. 3 Cir. 3/3/99), 736 So.2d 916, 919 (quoting Myers v. Broussard, 96-1634 (La.App. 3 Cir. 5/21/97), 696 So.2d 88). Alternatively, “[gjeneral damages are those that may not be fixed with pecuniary | ^exactitude. Such damages involve mental or physical pain or suffering, inconvenience, the loss of physical enjoyment, or other losses of life or lifestyle that cannot be definitively measured in monetary terms.” Wright v.

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69 So. 3d 1257, 11 La.App. 3 Cir. 125, 2011 La. App. LEXIS 877, 2011 WL 2694186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broussard-v-oak-trace-apartments-lactapp-2011.