Chatelain v. United States Fid. & Guar. Co.

495 So. 2d 379
CourtLouisiana Court of Appeal
DecidedOctober 8, 1986
Docket85-1042
StatusPublished
Cited by16 cases

This text of 495 So. 2d 379 (Chatelain v. United States Fid. & Guar. 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
Chatelain v. United States Fid. & Guar. Co., 495 So. 2d 379 (La. Ct. App. 1986).

Opinion

495 So.2d 379 (1986)

Edna Lee Brady CHATELAIN, Plaintiff-Appellee,
v.
UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant-Appellant.

No. 85-1042.

Court of Appeal of Louisiana, Third Circuit.

October 8, 1986.
Rehearing Denied October 30, 1986.
Writ Denied December 19, 1986.

*380 Stafford, Stewart & Potter Larry A. Stewart, Alexandria, for defendant-appellant.

Darrel D. Ryland, Marksville, and Craig S. Gunnel, Jennings, for plaintiff-appellee.

Before FORET, STOKER and KING, JJ.

KING, Judge.

The main issue presented by this appeal is whether or not the trial court erred in awarding $45,000.00 in general damages to the plaintiff who was injured in an automobile accident.

Edna Lee Brady Chatelain (hereinafter referred to as plaintiff) filed suit against United States Fidelity & Guaranty Company (hereinafter referred to as defendant) seeking recovery for damages that she sustained as a result of a collision of her pickup truck with an automobile being driven by Billy G. Lutes, whose automobile was insured by defendant. After a trial by jury, the trial court rendered judgment in favor of plaintiff. Defendant timely appeals the quantum of the damage award. We amend and affirm.

FACTS

On July 20, 1983, an automobile accident occurred involving an automobile driven by Mr. Lutes and a pickup truck driven by plaintiff. The collision occurred when Mr. Lutes attempted to enter a service road adjacent to McArthur Drive in Alexandria, Louisiana, a road on which plaintiff was proceeding and on which plaintiff had the right-of-way. Although the collision was substantial enough that both vehicles had to be towed away, plaintiff apparently told the investigating officer that she was not injured. However when plaintiff went home and changed clothes, she discovered that her knee had been slightly cut in the accident.

A few days after the accident, plaintiff went to the hospital emergency room because she was having constant headaches subsequent to the accident. At the emergency room, X-rays were taken of plaintiff's legs, head and neck, her knee that *381 had been cut was bandaged, and medication was prescribed for plaintiff to relieve her pain. Because plaintiff continued to have headaches, she visited Dr. Wesley Dyer, her family physician, on August 4, 1983, which was approximately two weeks after the accident. Plaintiff visited Dr. Dyer on two additional occasions because of her continuous headaches. Plaintiff also was seen by Dr. Naalbandian at the request of Dr. Dyer.

Since plaintiff was still having continuous headaches, she visited Dr. Jose' Garcia Oller, a neurological surgeon in New Orleans, on May 25, 1984. Plaintiff's attorney apparently referred her to Dr. Abramson, a general practitioner in Marksville, Louisiana. Dr. Abramson, who did not examine plaintiff, referred her to Dr. Garcia Oller. In addition to performing a neurological examination on plaintiff, Dr. Garcia Oller prescribed an exercise program for plaintiff which resulted in plaintiff having fewer headaches.

On July 6, 1984, plaintiff filed suit against defendant, seeking recovery for the damages that she sustained in the automobile accident. After a trial by jury, the trial court rendered judgment in favor of plaintiff and against defendant, in accordance with the jury verdict, in the sum of $45,000.00, representing general damages, and $1,500.00, representing special damages. From this judgment, which was signed on August 22, 1985, defendant has suspensively appealed. Although defendant does not appeal that portion of the judgment holding defendant liable for the damages sustained by plaintiff, nor the amount of special damages found by the jury, defendant alleges the following specifications of error:

(1) The jury erred in awarding $45,000.00 in general damages to plaintiff;
(2) The trial court erred in not granting defendant's motion to strike part of the testimony of Dr. Garcia Oller, regarding his testimony of "disability," and in the alternative, in failing to give an appropriate jury instruction as to the difference between medical impairment and disability;
(3) The trial court erred in failing to give a jury charge that failure to call a treating physician creates an adverse presumption against the plaintiff; and
(4) The trial judge erred in giving a jury charge regarding plaintiff's future wage loss when there was no testimony presented during the trial regarding any future wage loss.

GENERAL DAMAGES

In its first assignment of error, defendant alleges that the jury erred in awarding $45,000.00 in general damages to plaintiff. Before the appellate court can disturb a quantum award made by the trier of fact, the record must clearly reveal that the trier of fact abused its great discretion in making the award. The question to be answered on the appellate level is whether the trier of fact's award can be reasonably supported by the record, not whether a different award may have been more appropriate. Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976); Bitoun v. Landry, 302 So.2d 278 (La.1974); Browning v. Commercial Union Ins. Co., 476 So.2d 559 (La.App. 3rd Cir.1985); Sikes v. McLean Trucking Co., 383 So.2d 111 (La. App. 3rd Cir.1980).

In reviewing an award of damages to determine whether it is inadequate or excessive, the appellate court must look at the individual circumstances of the case before it. Only after a close analysis of the facts reveals a clear abuse of discretion of the trier of fact may the award of damages be altered. Reck v. Stevens, 373 So.2d 498 (La.1979); Hefner v. B.J. McAdams, Inc., 487 So.2d 505 (La.App. 3rd Cir.1986).

In the instant case, plaintiff testified that when the automobile collided with the pickup truck that she was driving, her knees hit underneath the dashboard and her head grazed the window. She further testified that when she went home after the accident, the only thing that was bothering her was her legs. Plaintiff, the manager of *382 Gordon's Jewelers in Alexandria, Louisiana, testified that she did not go to work the next day because she was "sore," and because she woke up with a headache. She also stated that she only had approximately six to ten headaches in her entire life prior to the accident, and that even those prior headaches were only minor headaches.

Plaintiff went to the hospital emergency room a few days after the accident, at which time X-rays were taken of her legs, head and neck, and pain medication was prescribed for her. The X-rays were negative. Since she continued to have headaches, plaintiff went to see Dr. Dyer, her family physician. Dr. Dyer testified that he first saw plaintiff after the accident on August 4, 1983, at which time plaintiff was complaining of headaches, knee pains, and neck pains. His findings at that time were discoloration and abrasions of plaintiff's knees, but no specific abnormal findings as to her head and neck. During this first visit Dr. Dyer prescribed muscle relaxants and pain medication for plaintiff.

Dr. Dyer next saw plaintiff on August 26, 1983, at which time plaintiff was still complaining of severe and persistent headaches. A CAT scan was performed on plaintiff during this visit, which was negative. Plaintiff visited Dr. Dyer once more on November 2, 1983 with the same complaints. Dr.

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

Related

State v. Dorsey
796 So. 2d 135 (Louisiana Court of Appeal, 2001)
Taylor v. Sauls
772 So. 2d 686 (Louisiana Court of Appeal, 2000)
Hunter v. Bossier Medical Center
718 So. 2d 636 (Louisiana Court of Appeal, 1998)
Chitman v. Davison Trucking
669 So. 2d 671 (Louisiana Court of Appeal, 1996)
Breaux v. Wal-Mart Stores, Inc.
635 So. 2d 667 (Louisiana Court of Appeal, 1994)
Stoutes v. GMAC
598 So. 2d 654 (Louisiana Court of Appeal, 1992)
Conino v. Schwegmann Giant Supermarkets, Inc.
586 So. 2d 1391 (Louisiana Court of Appeal, 1991)
Rosenthal v. Mid-American Indem. Co.
572 So. 2d 613 (Louisiana Court of Appeal, 1990)
Guidry v. United Furniture Distributors, Inc.
544 So. 2d 100 (Louisiana Court of Appeal, 1989)
Barzare v. Transit Casualty Co.
539 So. 2d 708 (Louisiana Court of Appeal, 1989)
Diaz v. Schwegmann Giant Supermarkets, Inc.
533 So. 2d 1034 (Louisiana Court of Appeal, 1988)
Gardner v. Campbell
532 So. 2d 292 (Louisiana Court of Appeal, 1988)
Zimmerman v. Collins
529 So. 2d 529 (Louisiana Court of Appeal, 1988)
Irving v. State Farm Mutual Automobile Insurance Co.
517 So. 2d 868 (Louisiana Court of Appeal, 1987)
Landry v. State Farm Fire & Cas. Co.
504 So. 2d 171 (Louisiana Court of Appeal, 1987)
Chatelain v. United States Fidelity & Guaranty Co.
498 So. 2d 756 (Supreme Court of Louisiana, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
495 So. 2d 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chatelain-v-united-states-fid-guar-co-lactapp-1986.