Coco v. Richland General Contractors, Inc.

411 So. 2d 1260
CourtLouisiana Court of Appeal
DecidedMarch 10, 1982
Docket8717
StatusPublished
Cited by15 cases

This text of 411 So. 2d 1260 (Coco v. Richland General Contractors, Inc.) 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
Coco v. Richland General Contractors, Inc., 411 So. 2d 1260 (La. Ct. App. 1982).

Opinion

411 So.2d 1260 (1982)

Charles COCO, III, Plaintiff-Appellee,
v.
RICHLAND GENERAL CONTRACTORS, INC., et al., Defendants-Appellants.

No. 8717.

Court of Appeal of Louisiana, Third Circuit.

March 10, 1982.
Writ Denied April 30, 1982.

*1261 Trimble, Randow, Percy, Smith, Wilson & Foote, James T. Trimble, Jr., Alexandria, for defendants-appellants.

Darrel D. Ryland, Marksville, for plaintiff-appellee.

Gist, Methvin, Hughes & Munsterman, Dorwan G. Vizzier, Alexandria, for intervenor-appellee.

Before CULPEPPER, GUIDRY and STOKER, JJ.

STOKER, Judge.

This is a suit for the recovery of damages for personal injuries sustained by plaintiff-appellee, Charles Coco, III, in an automobile collision. Defendants-appellants in this suit are David J. Johnson, the driver of the truck which caused the accident; Richland General Contractors, Inc., the owner of the truck and Johnson's employer; and United States Fire Insurance Company and Aetna Insurance Company, the insurers of the Richland truck. Hartford Accident and Indemnity Company, the compensation carrier of plaintiff's employer, intervened to recover worker's compensation benefits it paid to plaintiff in the amount of $3,167.18 consisting of $1,691.42 in weekly payments and $1,484.76 in medical expenses.

The only issue before this court is whether the amount of damages awarded by the trial court is an abuse of its discretion. The defendants admitted liability at trial and the case was tried only to determine the extent of plaintiff's damages. The trial court awarded $170,000.00 to plaintiff and the defendants appeal that award.

On October 25, 1979, plaintiff was the guest passenger in an automobile owned by Entex, plaintiff's employer, when the car was struck by the Richland General Contractor's truck on Louisiana Highway 1 near Marksville in Avoyelles Parish. The driver of the Entex car was killed in that collision. Plaintiff was taken to the emergency room of Marksville General Hospital where he was treated by Dr. Richard Michel and released on the same day. Dr. Michel described plaintiff's injuries at that time as consisting of multiple abrasions of the face, right buttocks, and both legs and arms, including hematoma and abrasion of the left arm and elbow. Plaintiff complained of pain in his left arm and elbow at the hospital. When Dr. Michel examined plaintiff three days after the accident, plaintiff had improved, but he complained of pain in the lower left rib cage, back ache, and tenderness over the kidney area. Plaintiff's general condition continued to improve, but he still complained of pain in his back and left arm as of July 8, 1981, the time of the *1262 trial. Plaintiff was still under Dr. Michel's care at that time.

Numerous witnesses, including co-workers, friends, and family of the plaintiff, gave testimony with notably similar details of the change in plaintiff's personality from being outgoing, sociable, and energetic before the accident to being withdrawn, moody, and nervous after the accident.

The trial judge made the following awards for damages to the plaintiff:

1. Past Pain and Suffering             $  40,000.00
2. Future Pain and Suffering              40,000.00
3. Residual Disability Limiting
   Career Advancement                     40,000.00
4. Personality Change                     50,000.00
                                         __________
                 TOTAL                 $ 170,000.00

Defendants alleged the following errors in the trial court's judgment:

"I. The Trial Court erred in granting $50,000.00 for plaintiff's `personality change' despite the fact that:
(a) There was no competent evidence to show a personality change in fact;
(b) There was absolutely no evidence showing any causal connection of any personality change to the accident in question.
"II. The Trial Court erred in awarding $40,000.00 for `residual disability limiting career advancement' when there was no evidence showing any such disability.
"III. The Trial Court erred in awarding $80,000.00 for past and future pain and suffering when there was no evidence to support such an award."

We will address these arguments in the order presented.

PLAINTIFF'S ALLEGED PERSONALITY CHANGE

The trial court segregated from pain and suffering, past and future, a separate item of damages which it designated as damages for "personality change". Aside from pure physical disability and pain, plaintiff showed that he experienced concomitant results in the form of depression, moroseness, frustration and fear or anxiety that he will suffer pain on engaging in certain activities and recreational pursuits and general disappointment at the condition in which he finds himself. In addition he experiences certain side affects such as sleepiness from taking medication to reduce his pain. We think the trial court erred in treating these residuals as an item of damages separate and distinct from pain and suffering. This is not to say that plaintiff should not be compensated for what he has, and may in the future suffer, in the form of these residuals. Our courts always have considered such residuals in establishing the quantum to be awarded for pain and suffering.

As a result of the trial court's error in this regard, counsel for both plaintiff and defendants have devoted considerable argument to the so-called issue of personality change. Defendants refer to certain cases in our jurisprudence dealing with traumatic neurosis or conversion neurosis.[1] This condition as we understand it is not based on physical or organic causes. Trauma of one kind or another may trigger the condition. A traumatic or conversion neurosis is one in which the latent anxieties or tension or insecurities in a person's mental life are converted into physical symptoms of pain, suffering and disability as real as if physically caused. Humphries v. Delta Fire & Casualty Company, 116 So.2d 130 (La.App. 1st Cir. 1959).

Traumatic neurosis may produce emotional disturbance including such personality manifestations as depression and discouragement and may convert a "jolly and energetic person" into a nervous, low spirited, and hopeless individual subject to crying spells. Allen v. Indemnity Insurance Co. of North America, 137 So.2d 110 (La. *1263 App.3rd Cir. 1962). However, it is well established that such a condition is a mental or psychic disorder which requires medical expertise in the psychiatric field to establish. In this case the only physician who even touched on plaintiff's post accident attitude and outlook was his treating physician, Dr. Ray Richard Michel, an expert in family medicine and surgery. Aside from the fact that Dr. Michel did not attempt to present himself as an expert in the field of psychiatry, we do not believe his testimony was meant by him to suggest that plaintiff was suffering from traumatic or conversion neurosis.

In approaching the subject of traumatic or conversion neurosis, our courts have adopted the rule that "since the symptoms of traumatic neurosis are vague, nebulous, and almost entirely subjective, the courts should exercise great caution in allowing recovery for such a condition." Devillier v. Traders & General Insurance Company, supra, Belson v. Subsurface Completion Service, supra, Jackson v. International Paper Company, 163 So.2d 362 (La.App. 3rd Cir. 1964), writ refused, 246 La. 591, 165 So.2d 484 (1964), Vezinat v. Marix, supra, and Allen v.

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411 So. 2d 1260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coco-v-richland-general-contractors-inc-lactapp-1982.