Carter v. Gulf States Utilities Co.

454 So. 2d 817, 1984 La. App. LEXIS 8895
CourtLouisiana Court of Appeal
DecidedMay 30, 1984
Docket83 CA 0653
StatusPublished
Cited by13 cases

This text of 454 So. 2d 817 (Carter v. Gulf States Utilities 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
Carter v. Gulf States Utilities Co., 454 So. 2d 817, 1984 La. App. LEXIS 8895 (La. Ct. App. 1984).

Opinion

454 So.2d 817 (1984)

Alfred CARTER
v.
GULF STATES UTILITIES COMPANY.

No. 83 CA 0653.

Court of Appeal of Louisiana, First Circuit.

May 30, 1984.
Rehearing Denied August 24, 1984.

*819 Joseph A. Gladney, Baton Rouge, for plaintiff.

W. Luther Wilson, Baton Rouge, for defendant.

Before SHORTESS, LANIER and CRAIN, JJ.

CRAIN, Judge.

This is an appeal from a judgment of the trial court which awarded Alfred Carter (Carter) $11,492.25 for damages to his home due to the fault of Gulf States Utilities Company (GSU).

On June 2, 1981, a truck owned and operated by Baton Rouge Insulation Company struck a low hanging electrical service wire owned by GSU causing the electrical meter to be pulled through the roof of Carter's house. GSU immediately assumed complete responsibility for all damages caused by the low hanging wire. GSU hired an electrician to reinstall the meter and fixtures, repair all wiring in Carter's house and reconnect the service. GSU also honored requests by Carter for repair expenses to an air conditioner and television set allegedly damaged in the accident.

GSU then sent three independent contractors to Carter's house to estimate the necessary repairs. These estimates, which were provided to Carter, were $150, $500 and $560.95. Carter then secured estimates for repairs. After Carter tendered these estimates, GSU refused to pay claiming they were not liable for the complete remodeling of Carter's home.

Carter subsequently filed suit for $12,247.00 based on the estimates he had received.

GSU answered, admitting liability for the accident, requesting credits for what was paid and requesting reimbursement for the television set and air conditioner repairs. GSU then deposited into the registry of the Court the average of the three estimates GSU had secured.

After trial on the merits, the trial court awarded Carter $11,550. This award represented the entire estimate of one of Carter's contractors, Mr. Richard Lockhart. GSU appeals from this judgment alleging only one specification of error. Specifically, GSU argues the trial court erred in determining the applicable measure of damages in this case.

In determining damages, the trier of fact is accorded much discretion, especially where the facts of the case preclude a precise computation of damages. Emerson *820 v. Empire Fire & Marine Ins. Co., 393 So.2d 691 (La.1981); Boswell v. Roy O. Martin Lumber Co., Inc., 363 So.2d 506 (La.1978); Hymel v. Tom Alexander Brokerage Co., 348 So.2d 104 (La.App. 4th Cir.1977), writ denied 350 So.2d 894 (La. 1977). No mechanical rule of determining damages is to be applied; the quantum in each case must be determined considering the facts and circumstances of that case. Coleman v. Victor, 326 So.2d 344 (La. 1976); Kalmn, Inc. v. Empiregas Corp., 406 So.2d 276 (La.App. 3rd Cir.1981). Although trial judges are granted great discretion in determining damage awards, these awards must be made in accordance with law. Cenac v. Duplantis Moving & Storage Co., Inc., 407 So.2d 424 (La.App. 1st Cir.1981). The proper goal of a damage award is to restore the plaintiff, as closely as possible, to the position which he would have occupied had the accident never occurred. Coleman, 326 So.2d at 346; Kalmn, 406 So.2d at 281; Williams v. Louisiana Machinery Co., Inc., 387 So.2d 8 (La.App. 3rd Cir.1980).

Generally, three approaches have been followed by the Louisiana courts in arriving at the amount of damages to property; (1) the cost of restoration if the thing damaged can be adequately repaired; (2) the difference in value prior to and following the damage; or (3) the cost of replacement new, less reasonable depreciation, if the value before and after the damage cannot be reasonably determined, or if the cost of the repairs exceeds the value of the thing damaged. Cenac, 407 So.2d at 427; Kalmn, 406 So.2d at 281; Hymel, 348 So.2d at 105; Davis v. Roberts, 194 So.2d 772 (La.App. 1st Cir.1967).

It is clear from the record that the trial court assumed the house could be adequately repaired and awarded what he found to be the cost of restoration. However, the record does not reflect the value of the house prior to or after the accident. Without knowing these facts, we cannot determine the proper measure of damage. We are forced to remand for these determinations. We can review the trial court's findings as to the extent of damages. Then, the trial court will know the appropriate repairs that will have to be made in determining which is the proper method of assessing damages.

The trial judge was confronted with opposing views as to the actual damage to Carter's home. GSU argues essentially that there was only "spot damage". Carter argues that the damage is more extensive and that the damages shown on the estimates secured from his contractor properly represent the damages to his home and the amounts necessary to restore his home to its prior condition.

Carter introduced the testimony of three contractors from the Livingston Parish area, Mr. Richard Lockhart, Mr. Willie Turner and Mr. Frankie Bell. Mr. Lockhart testified that he could repair the home for $11,500.00. Mr. Turner testified he could repair the house for $11,478 and Mr. Bell testified he could repair the house for $10,850. GSU also secured three estimates from independent contractors. The average of these estimates is $403.65.

The trial judge, after examining the house himself, noted considerable damage to Carter's home. He apparently believed that the estimates given by the contractors testifying on Carter's behalf were more credible and realistic. He accepted the estimate of Mr. Lockhart in particular in making the award.[1] Therefore, we will review *821 separately each item of damage as revealed in Mr. Lockhart's estimate. Each item has been given a letter designation to aid in our determination of the extent of actual damage to Carter's home due to the fault of GSU.

Item A. Panel Two Rooms $450.00

GSU alleges that there was insufficient damage to the paneling to require the repaneling of two complete rooms.

The record reveals that GSU unsuccessfully attempted to cover up the hole in the roof and prevent water damages. The photographs reveal the efforts were piecemeal at best. The evidence reflects the efforts were unsuccessful. Both Mr. Lockhart and Mr. Turner found water damage to the paneling due to water seepage through the hole in the ceiling and roof that was made by the GSU meter being pulled through. Further, Mr. Lockhart testified that the paneling along the front wall would have to be pulled loose in order to repair the broken plates behind the wall and that this process would destroy the paneling beyond reuse. Therefore, we affirm the trial court's finding of actual damage to the paneling of two rooms.

Item B. Replace Ceilings $2,500.00

The record reveals that as a result of the accident, a number of ceiling tiles in both the living room and front bedroom fell from the ceiling. GSU argues that the ceiling tiles already needed replacing because they had dry rotted, and at the most GSU can only be responsible for the replacement of the ceiling tiles in the living room and front bedroom, not the entire house.

Mr. Lockhart and Mr. Turner testified that there are many tiles with water damage due to water seeping in through the hole in the roof caused by the meter.

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Bluebook (online)
454 So. 2d 817, 1984 La. App. LEXIS 8895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-gulf-states-utilities-co-lactapp-1984.