Burnham v. Frey-Shoemaker-Colbert-Brodnax

445 So. 2d 477, 1984 La. App. LEXIS 7902
CourtLouisiana Court of Appeal
DecidedJanuary 16, 1984
Docket15864-CA
StatusPublished
Cited by6 cases

This text of 445 So. 2d 477 (Burnham v. Frey-Shoemaker-Colbert-Brodnax) 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
Burnham v. Frey-Shoemaker-Colbert-Brodnax, 445 So. 2d 477, 1984 La. App. LEXIS 7902 (La. Ct. App. 1984).

Opinion

445 So.2d 477 (1984)

George Nolan BURNHAM, Jr., Plaintiff-Appellant,
v.
FREY-SHOEMAKER-COLBERT-BRODNAX, et al., Defendants-Appellees.

No. 15864-CA.

Court of Appeal of Louisiana, Second Circuit.

January 16, 1984.
Rehearing Denied February 23, 1984.

*479 Edmund M. Thomas, Shreveport, for plaintiff-appellant.

Mayer, Smith & Roberts by Caldwell Roberts, Shreveport, for defendant-appellee Frey-Shoemaker-Colbert-Brodnax.

Cook, Yancey, King & Galloway by Charles G. Tutt, Shreveport, for defendant-appellee Gang Nail Truss Co. of Shreveport, Inc.

Lunn, Ipion, Switzer, Johnson & Salley by Jack E. Carlisle, Jr., Shreveport, for defendants-appellees Zion Church Builders and Designers, Inc., Imperial Casualty Co. of Omaha, and the National Ben Franklin Ins. Co.

Rountree & Hicks by S. Maurice Hicks, Jr., Shreveport, for intervenor-appellee Commercial Union Ins. Co.

Before PRICE, SEXTON and NORRIS, JJ.

SEXTON, Judge.

Plaintiff sued defendants in tort for injuries incurred when the trusses plaintiff was helping erect collapsed. Plaintiff's claims were tried before a jury which found one defendant and its insurer liable and awarded plaintiff a judgment in the amount of $60,000. In plaintiff's appeal, we amend to increase the award, and as amended, affirm.

Plaintiff in this cause is George Burnham, Jr., who was 18 years of age at the time of the injury which is the subject of this appeal. One defendant is Zion Church Builders and Designers, Incorporated (hereinafter referred to as Zion), the construction firm that provided the superintendent that supervised the construction project at which plaintiff was injured. Additional defendants are Zion's insurers, Imperial Casualty and Indemnity Company of Omaha, Nebraska (hereinafter referred to as Imperial Casualty), and National Ben Franklin Insurance Company (hereinafter referred to as Franklin Insurance).

Plaintiff filed suit in 1980. In addition to Zion and its insurers, Imperial Casualty and Franklin Insurance, plaintiff joined as a defendant, Gang Nail Truss Company of Shreveport, Incorporated, the designer and manufacturer of the trusses used on the job site; plaintiff also sued Frey-Shoemaker-Colbert-Brodnax —the architectural firm which designed the Life Tabernacle Gymnasium—and its insurer Continental Casualty Company. A petition of intervention was filed by Commercial Union Insurance Company, the workers' compensation insurer of Life Tabernacle, which paid medical and disability benefits to George Burnham, Jr.

*480 Gang Nail was dismissed from the suit by a summary judgment rendered January 21, 1982. Plaintiff tried his claims against the remaining defendants, Zion and Frey-Shoemaker, in January of 1983. The jury found that Frey-Shoemaker was not negligent, but awarded judgment in plaintiff's favor and against Zion and its insurers in the amount of $60,000. The amount due compensation insurer Commercial Union Insurance was stipulated at trial to be $35,609.96. Plaintiff contractually compromised his appellate claims against Frey-Shoemaker, subsequent to trial, for $5,000.

The only parties to the instant appeal are thus plaintiff George Burnham, Jr., and defendant Zion and its insurers. The $35,609.96 amount due intervenor Commercial Union Insurance Company has not been contested on appeal. Zion has not challenged its liability by appeal. Therefore, the only issue to be addressed in this appeal is the contention of plaintiff-appellant George Burnham, Jr., that the jury's damage award of $60,000 was insufficient and constituted an abuse of discretion.

On May 10, 1979, plaintiff was employed as a carpenter, in the construction of a gymnasium at the New Life Center of Life Tabernacle, in Shreveport, Louisiana. On that date, Burnham was engaged in erecting the trusses that were to be used to support the gymnasium ceiling. While plaintiff was at the ceiling level guiding crane-raised trusses into place, several trusses collapsed without warning, causing plaintiff to fall some thirty to thirty-five feet onto the concrete floor of the gymnasium.

The impact shattered the bones in both of his wrists. Plaintiff's face was bleeding profusely, and he was unable to talk because his jaw was not functioning. Plaintiff's upper chest was bruised and lacerated, and the impact knocked out one of plaintiff's teeth, and fragments of three others.

Plaintiff was taken to the emergency room of Willis-Knighton Hospital in Shreveport. X-rays taken upon plaintiff's admittance revealed that he had suffered comminuted fractures of both wrists, and a fractured jaw. Surgery was performed that same day by Dr. David Waddell, who surgically implanted a metal pin in each of plaintiff's elbows. A metal pin was also placed through the dorsal bones of each of plaintiff's hands. Casts were placed on each of plaintiff's arms, which extended from just beyond the knuckles of each hand to plaintiff's shoulders. Plaintiff was strapped to his hospital bed, and his hands were suspended from a traction bar overhead. The four metal pins implanted in plaintiff's arms and hands were utilized to enable weights to be hung from each elbow, as plaintiff's arms were suspended above him in traction. These weights were in turn utilized to pull back apart the wrist joints that had been severely compressed by plaintiff's impact with the concrete floor of the Life Tabernacle's gymnasium.

Additionally, metal braces were placed on plaintiff's teeth during the initial surgery. In a second surgery performed the same day (May 10, 1979), oral surgeon Dr. W. Hardy Worley wired plaintiff's jaw shut in order to facilitate the healing of the fracture in plaintiff's jaw. George Burnham, Jr. was discharged from Willis-Knighton on May 14, 1979, after five days confinement there.

Plaintiff underwent several post-surgical medical adjustments and procedures. On one occasion, plaintiff reported to the emergency room because of a sharp pain in his elbow. Dr. Waddell treated plaintiff on that occasion by removing part of one of plaintiff's two arm casts, and extracting the metal pin from one of his elbows. Plaintiff returned to the emergency room that same night because the pain had not subsided. At that time, Dr. Waddell gave plaintiff a sedative, cut off his cast at the hand, and removed the metal pin from the back of his hand.

On another occasion, the pin in plaintiff's right wrist slipped and "the doctor took a hammer and knocked it back in." The doctor then wrapped the wrist with a new plaster cast, to prevent the pin from coming loose again. This remedial procedure *481 was unsuccessful, and on May 25, 1979, plaintiff was readmitted to the hospital. The following day, Dr. Don Joffrion performed surgery on the plaintiff. Dr. Joffrion removed plaintiff's right cast, extracted a pin from plaintiff's right wrist, implanted four new metal pins in plaintiff's wrist, and then replaced the cast.

On June 17, 1979, plaintiff returned to surgery for a third time. During this third surgery, doctors removed the metal braces from plaintiff's teeth, unwired his jaw, removed the long casts on each of plaintiff's arms, and extracted the metal pins that had been implanted in plaintiff's wrists and elbows. Short arm casts—which extended downward from plaintiff's elbows—were placed on plaintiff's arms. Plaintiff was discharged on June 19. Plaintiff's short casts remained on for another month, until July 17, 1979.

During plaintiff's confinement in the longer set of plaster casts, he was unable to bathe, feed or otherwise care for himself, and depended on his mother and brothers.

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Bluebook (online)
445 So. 2d 477, 1984 La. App. LEXIS 7902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnham-v-frey-shoemaker-colbert-brodnax-lactapp-1984.