Caldwell v. Smith

641 So. 2d 1011, 1994 WL 460681
CourtLouisiana Court of Appeal
DecidedAugust 17, 1994
Docket25956-CA
StatusPublished
Cited by12 cases

This text of 641 So. 2d 1011 (Caldwell v. Smith) 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
Caldwell v. Smith, 641 So. 2d 1011, 1994 WL 460681 (La. Ct. App. 1994).

Opinion

641 So.2d 1011 (1994)

Lawrence CALDWELL and Lynette D. Caldwell, Plaintiffs-Appellants,
v.
Sharon A. SMITH, et al., Defendants-Appellees.

No. 25956-CA.

Court of Appeal of Louisiana, Second Circuit.

August 17, 1994.

*1012 Matheny and Pierson by Allen B. Pierson, Jr., Ponchatoula, for appellants.

Hayes, Harkey, Smith, Cascio & Mullens by Thomas M. Hayes, III, Monroe, for appellees.

Before NORRIS, LINDSAY and BROWN, JJ.

LINDSAY, Judge.

This case arises from an auto accident in Monroe, Louisiana. The plaintiffs, Larry and Lynette Caldwell, appeal from a jury award of damages which they contend is inadequate in several respects. The defendants answered the appeal, claiming that the jury erred in awarding damages for future medical expenses. For the reasons assigned below, we amend the trial court judgment to increase the damages awarded to the plaintiffs. As amended, the trial court judgment is affirmed.

FACTS

On August 7, 1990, Mrs. Caldwell was involved in an auto accident (hereinafter referred to as "the first accident"). Another car traveling in the opposite direction almost hit her vehicle head on, instead, sideswiping the left side of her car. As the driver of her vehicle, Mrs. Caldwell was wearing a seat belt harness that went from her left shoulder across her body and attached near her right hip. Immediately after the collision, Mrs. Caldwell was able to exit her car, which came to rest in a ditch. Her husband took her from the accident scene to the office of their family physician, Dr. Stephen Waldo. Dr. Waldo determined that Mrs. Caldwell was suffering from a cervical sprain or whiplash.

On September 20, 1990, Mrs. Caldwell and her husband were involved in another accident, which is the basis of the present suit (and which will be referred to as "the second accident"). The Caldwells, residents of Ponchatoula, Louisiana, were on a vacation/business trip. They had stopped in Monroe to visit Mrs. Caldwell's sister, en route to Eureka Springs, Arkansas, and Branson, Missouri, before proceeding on to their ultimate destination, a business convention in Kansas City. They were traveling north on U.S. Highway 165 in Ouachita Parish when their vehicle was struck by a car driven by Sharon A. Smith. Mr. Caldwell was driving; and Mrs. Caldwell was seated in the front passenger seat, wearing a seat belt harness which crossed from her right shoulder to her left hip. (It was stipulated at trial that Ms.

*1013 Smith was negligent in causing the accident and that Mr. Caldwell was free from fault.)

The force of the collision with the Smith car caused luggage in the back seat of the Caldwell car to come forward and strike Mrs. Caldwell on the left shoulder. Fortuitously, the second accident occurred in front of a hospital, and Mrs. Caldwell was quickly transported to the emergency room. Several hours later, she was released to bedrest and medication, including a narcotic painkiller. Although Mrs. Caldwell suffered no broken bones or bruised internal organs, her chest was severely bruised from her shoulder down, and she was in considerable pain.

After returning home, Mrs. Caldwell was treated by Dr. Waldo, who initially diagnosed her condition as a cervical strain and spasm with sternal bruising. Due to numbness, he felt that she also had some nerve stretching in the left hand. Eventually some of Mrs. Caldwell's pain began to subside; then the pain began to localize in the area of her left shoulder. In December 1990, Mrs. Caldwell first complained to Dr. Waldo of pain, "popping", and basic instability in her left sternoclavicular joint.

Ultimately, Dr. Waldo referred Mrs. Caldwell to Dr. John Clark, a physiatrist in Baton Rouge specializing in rehabilitation, who assumed her primary care from June 1991 to June 1992. He diagnosed Mrs. Caldwell as suffering from a left sternoclavicular joint instability, as well as left brachial plexus stretch injury. Dr. Clark sent her to a pain clinic which helped her learn her physical restrictions and cope with her pain and frustration.

Mrs. Caldwell was also referred to two orthopedic surgeons, Dr. Hontas and Dr. Allan Johnson of Baton Rouge. Apparently neither of them recommended surgery to pin the sternoclavicular joint.[1]

The Caldwells filed suit against Ms. Smith and her insurer, American Casualty Company of Reading, Pennsylvania, Inc., a member of the CNA Insurance Companies. The parties stipulated Ms. Smith's fault in the accident. Following a jury trial, the following damages were awarded in favor of the plaintiffs:

Mrs. Caldwell's pain and suffering          $20,000
Mrs. Caldwell's past medical expenses       $15,000[2]
Mrs. Caldwell's future medical expenses     $10,000
Mr. Caldwell's loss of consortium              $650
Mr. Caldwell's personal injury                  -0-
Mr. Caldwell's non-medical expense             $960

The plaintiffs appeal. They assign the following as error: (1) the jury erred in awarding inadequate general damages in favor of Mrs. Caldwell; (2) the jury award of $10,000 for future medical expenses was inadequate; (3) the jury erred in refusing to award damages to Mr. Caldwell for his alleged personal injuries; and (4) the jury erred in awarding Mr. Caldwell only $650 for loss of consortium. The plaintiffs also contended that the trial court erred in finding that the amount of damages awarded to Mrs. Caldwell as a result of the first accident was irrelevant and then allowing her to be extensively cross-examined about her testimony in that trial. However, due to the relief granted to Mrs. Caldwell on the issue of general damages, we find it unnecessary to address this assignment of error.

The defendants answered the appeal, contending that the jury erred in awarding any damages for future medical expenses.

GENERAL DAMAGES FOR MRS. CALDWELL

The plaintiffs contend that the jury award for Mrs. Caldwell's general damages was inadequate. *1014 In support of their argument, they assert that at the time of the present accident she was essentially recovered from the cervical strain or whiplash sustained in the first accident and that her more serious injuries resulted from the second, present accident. To the contrary, the defendants maintain that Mrs. Caldwell sustained most of her injuries in the first accident which occurred six weeks before the accident with Ms. Smith.

Law

General damages are those which may not be fixed with pecuniary exactitude. They instead involve mental or physical pain or suffering, inconvenience, the loss of intellectual gratification or physical enjoyment, or other losses of life or lifestyle which cannot be definitively measured in monetary terms. Keeth v. Department of Public Safety & Transportation, 618 So.2d 1154 (La.App. 2nd Cir.1993), appeal dismissed, 619 So.2d 563 (La.1993).

In appellate review of general damages, the initial inquiry is whether the award for the particular injuries and their effects under the particular circumstances on the particular injured person is a clear abuse of the "much discretion" of the trier of fact. Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993), cert. denied, ___ U.S. ___, 114 S.Ct. 1059, 127 L.Ed.2d 379 (1994). Only after an articulated analysis of the record discloses an abuse of discretion may the appellate court determine that the award is either excessive or insufficient. Reck v. Stevens, 373 So.2d 498 (La.1979).

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

Related

Ward v. Davidson
125 So. 3d 1236 (Louisiana Court of Appeal, 2013)
James v. Robinson
880 So. 2d 975 (Louisiana Court of Appeal, 2004)
Williams v. State Farm Mut. Auto. Ins. Co.
830 So. 2d 379 (Louisiana Court of Appeal, 2002)
O'NEAL v. Scott
775 So. 2d 1155 (Louisiana Court of Appeal, 2000)
George v. Allstate Ins. Co.
758 So. 2d 373 (Louisiana Court of Appeal, 2000)
Orea v. Scallan
750 So. 2d 483 (Louisiana Court of Appeal, 2000)
Terry v. Sutherlands Lumber Co.
742 So. 2d 756 (Louisiana Court of Appeal, 1999)
Petrus v. Bain
742 So. 2d 739 (Louisiana Court of Appeal, 1999)
Lowrey v. Pettit
737 So. 2d 213 (Louisiana Court of Appeal, 1999)
Wright v. Wal-Mart Stores, Inc.
737 So. 2d 153 (Louisiana Court of Appeal, 1999)
Eppinette v. City of Monroe
698 So. 2d 658 (Louisiana Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
641 So. 2d 1011, 1994 WL 460681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caldwell-v-smith-lactapp-1994.