Burkett v. Crescent City Connection

730 So. 2d 479, 1999 WL 74636
CourtLouisiana Court of Appeal
DecidedFebruary 10, 1999
Docket98-CA-1237
StatusPublished
Cited by7 cases

This text of 730 So. 2d 479 (Burkett v. Crescent City Connection) 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
Burkett v. Crescent City Connection, 730 So. 2d 479, 1999 WL 74636 (La. Ct. App. 1999).

Opinion

730 So.2d 479 (1999)

Ava Ann BURKETT
v.
CRESCENT CITY CONNECTION MARINE DIVISION, et al.

No. 98-CA-1237.

Court of Appeal of Louisiana, Fourth Circuit.

February 10, 1999.
Rehearing Denied April 14, 1999.

*480 Donald F. de Boisblanc, New Orleans, LA, and Catherine Leary, Westwego, LA, for plaintiff/appellee.

Richard P. Ieyoub, Attorney General, Gus A. Manthey, Jr., Assistant Attorney General, Louisiana Department of Justice, Litigation Division, New Orleans, LA, for defendants/appellants.

JONES, J.

Defendants/appellants, the Crescent City Connection Marine Division and the Louisiana Department of Transportation and Development, appeal the judgment of the trial court in favor of the plaintiff, an employee of the defendants. The trial court awarded the plaintiff $100,000 in damages, and denied the defendants'/appellants' Motion for New Trial and/or Re-argument. On appeal, defendants/appellants argue causation, excessive damages, and that the trial court did not render its judgment with reasons, because it only adopted the judgment and reasons verbatim, notwithstanding the fact that they were written by a non-litigant. We affirm.

STATEMENT OF FACTS

Plaintiff/appellee, Ava Ann Burkett ("Burkett"), was employed by the defendants/appellants herein, Crescent City Connection Marine Division and Louisiana Department of Transportation and Development *481 ("DOTD"). Burkett was employed as a deckhand/tolltaker aboard various ferries owned and operated by the defendants for the purpose of transporting passengers and vehicles across the Mississippi River. On October 31, 1994, Burkett was assigned to the Canal Street ferry that was in service to transport passengers and vehicles between the East and West Banks in the City of New Orleans. Her job duties included monitoring passengers and vehicles as they boarded or debarked from the vessel.

In order for passengers to go between the East Bank dock and the ferry, it was necessary for passengers to traverse a ramp from the dock to the ferry. This ramp was a two-part metal construction, hinged in the middle so that the two parts of the ramp would not grind or strike each other as the water level fluctuated. The evidence showed that there was a "gap" between the two hinged portions, which would become larger or smaller according to the water level of the river.

Immediately prior to the incident which gave rise to this litigation, the ferry was docked at the East Bank dock and passengers and vehicles began exiting the ferry. Burkett, who was stationed on the ramp, was assigned to monitor the passengers and vehicles. In order to accomplish her tasks, Burkett had to focus her attention on the traffic exiting the ferry while moving back and forth on the ramp in the area of the ramp's two-part hinge ("gap").

Contrary to ferry rules, a cyclist attempted to exit the ferry by riding down the ramp off the ferry, instead of walking his bicycle off. While waiting for the vehicles to enter/exit, Burkett noticed the bicyclist riding down the ramp, and called for him to get off the bike. Burkett walked down the ramp and ordered the cyclist to dismount, then she turned to signal other vehicles to exit. Once the bicyclist had stopped, Burkett turned, and as she turned, her left foot slipped into the gap sideways. Burkett's leg slid into the gap up to about her mid-thigh. The sides of her leg were scraped. Burkett testified that she immediately felt pain and reported to her supervisor that her leg/knee area was injured. Her supervisor made arrangements for emergency treatment at the Jo Ellen Smith Hospital emergency room.

This opening in the ramp is designed to allow the two-piece ramp to adjust with the constantly changing water level of the river. Burkett had been working as a deckhand/tolltaker for three months prior to the accident, and knew the purpose of the gap.

Burkett was examined by Dr. James Todd on November 2, 1994, only two days after the incident. She claimed that she felt some knee pain, which Dr. Todd subsequently assessed as strain. There was no swelling present. On November 9, 1994, she returned for a follow-up visit and Dr. Todd gave Burkett approval to return to work. On November 10, 1994, she returned to work performing deckhand duties from November 10 until November 30, 1994. She continued normal duties during December 1994 and January 1995. Although available to her, Burkett did not visit Dr. Todd during that time.

When Burkett's knee began to hurt in May 1995, she felt pain on the medial (inside) of the left knee, which was the opposite side of the knee that she felt pain in immediately after the October 31, 1994 incident. On November 20, 1995, Dr. Todd performed an arthroscopy of the left knee, one year after the October 31, 1994 incident. The arthroscopic examination revealed that there was an interposed plica, a fold of tissue that is sometimes a congenital condition in some persons. Because the plica might cause problems in the future, it was excised during the November 1995 arthroscopy. Both Dr. Todd and Burkett's subsequent treating physician, Dr. Charles Johnson, agree that the plica was not caused by trauma.

On January 3, 1996, Burkett was released to return to work by Dr. Todd. She worked January 1996 until February 6, 1996. On February 6, 1996, Burkett fell on a ramp while at work. Shortly thereafter, on February 9, 1996, Burkett also had an auto accident, where she ran into the rear end of a truck, injuring her chest. Burkett stayed out of work for 4-5 weeks. She sought treatment for back pain at the Bone and Joint Clinic on February 6, 13, and 20.

*482 Burkett worked in March and April 1996, and elected to visit Dr. Johnson at that time. Dr. Johnson diagnosed Burkett with a pes bursa in May 1996. He scheduled her for another arthroscopy in November 1996. Before the arthroscopy in November 1996, Burkett was involved in another accident in July 1996. On November 19, 1996, Dr. Johnson performed a second arthroscopy, and diagnosed Burkett with pes anserine bursitis of the left knee with traumatic chondromalacia of patella and chronic instability of the patella.

Burkett reported improvement in symptoms following the second arthroscopy. However, she still complains of occasional problems, and Dr. Johnson testified that she has a 25% permanent partial disability and can expect knee problems from time to time in the future. Dr. Todd and Dr. Johnson disagreed as to the cause of Burkett's ongoing knee problems and disability. Dr. Johnson testified that these problems result directly from the October 31, 1994 injury; whereas Dr. Todd believes that the initial knee injury was relatively minor and Burkett's on-going problems stem from some other cause, such as one of Burkett's subsequent accidents.

Burkett filed this suit claiming that her knee was damaged by the incident on October 31, 1994. Burkett's medical bills, to date, have been paid by the defendants. Her lost wages to the date of trial total $1,745.38. She is currently employed in a clerical capacity at wages equal to wages that she would have earned as a deckhand. Thus, she is not currently incurring a loss of wages. However, on January 29, 1998, the trial court found that Burkett sustained a 25% permanent partial disability of the lower extremity as a result of this incident, and this placed some limitation on Burkett's choice of future employment, such that she suffered a loss of earning capacity. She was awarded $100,000 in general damages, and after the motion for new trial and/or reargument was filed, the trial court denied this motion on February 19, 1998. This appeal followed.

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Bluebook (online)
730 So. 2d 479, 1999 WL 74636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkett-v-crescent-city-connection-lactapp-1999.