Coleman v. Lewis

757 So. 2d 907, 99 La.App. 1 Cir. 0094, 2000 La. App. LEXIS 1033, 2000 WL 340880
CourtLouisiana Court of Appeal
DecidedMarch 31, 2000
DocketNo. 99 CA 0094
StatusPublished
Cited by3 cases

This text of 757 So. 2d 907 (Coleman v. Lewis) 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
Coleman v. Lewis, 757 So. 2d 907, 99 La.App. 1 Cir. 0094, 2000 La. App. LEXIS 1033, 2000 WL 340880 (La. Ct. App. 2000).

Opinions

|2FOGG, J.

In this personal injury action, defendants appeal the trial court’s judgment in favor of plaintiff, Olevia Coleman, raising issues concerning liability and damages. For the following reasons, we reverse.

On September 10, 1994, Antoinette Coleman was driving her 1980 Fleetwood Cadillac with her mother, Olevia Coleman, riding as a guest passenger, when her vehicle was struck by an uninsured motorist. Antoinette and Olevia Coleman sued the other driver and their uninsured motorist (UM) carrier for damages. The UM carrier and the plaintiffs settled that lawsuit for the policy limits of $10,000.00.

On October 3,1994, Antoinette Coleman, was again transporting her mother in the passenger seat of her 1980 Cadillac, when she exited the interstate, stopped on an off-ramp and waited to merge into traffic. Beverly Lewis stopped her vehicle behind the Coleman vehicle. In anticipation that the traffic in front of her would move forward, Ms. Lewis took her foot off her brake, and her vehicle rolled into the rear-end of the Coleman vehicle.

Antoinette and Olevia Coleman filed suit for damages, naming as defendants Beverly Lewis and her insurer, United Services Automobile Association (USAA). After a bench trial, the trial judge rendered judgment in favor of Olevia Coleman and against USAA in the sum of $10,067.14. The defendants appeal, asserting initially that the trial court manifestly erred in finding that Olevia Coleman proved by a preponderance of the evidence that her injuries resulted from the accident that occurred on October 3,1994.

In situations involving multiple accidents, whether preceding or subsequent to the accident at issue, a tortfeasor is liable only for the direct and proximate results of his 13wrongful acts, including aggravation of any preexisting injuries. Although a tortfeasor takes his victim as he finds him, the tortfeasor cannot be held liable for injuries which are not attributable to the wrongful act. Giesler v. U.S. Fidelity and Guar., 498 So.2d 292 (La.App. 4 Cir.1986); Sanders v. Collins, 551 So.2d 644 (La.App. 1 Cir.), writ denied, 556 So.2d 1261 (La.1990).

In such situations, the plaintiff is required to prove a causal connection between the damages claimed and the accident by a reasonable preponderance of the evidence. Williams v. Winn Dixie Louisiana, Inc., 418 So.2d 13 (La.App. 1 Cir.1982). Proof by direct or circumstantial evidence is sufficient to constitute a preponderance when, taking the evidence as a whole, such proof shows that the fact or causation sought to be proved is more probable than not. Jordan v. Travelers Ins. Co., 257 La. 995, 245 So.2d 151 (1971).

In this case, the facts concerning the accident are undisputed. Beverly Lewis testified that she was driving a 1992 Mazda Navaho at the time of the accident; her vehicle was not damaged in the accident [909]*909and she was not injured. She stated that she was stopped a few feet behind the Coleman vehicle, when she, expecting the traffic to move forward, lifted her foot from the brake, causing her vehicle to, roll into the back of the Coleman vehicle. She did not use the accelerator prior to the accident. The Cadillac’s rear bumper and a rear light were damaged in the accident. The cost to repair this damage was estimated to be $392.53. .

On the issue of causation with respect to Olevia Coleman’s alleged injuries, the evidence before the trial court consisted of the testimony of Olevia Coleman, Beverly Lewis, Dr. Henry Dixon, Dr. Thad Broussard, and Maricha Veals, a daughter of Olevia Coleman who was not driving the vehicle at the time of Rthe accident. Therefore, we must determine whether the trial court erred in concluding that, by this evidence, Olevia Coleman proved causation by a preponderance of the evidence.

At trial, Olevia Coleman testified that after the first accident on September 10, 1994, she was a little dizzy and her head hurt constantly. She was weak, her right shoulder and lower back were stiff and somewhat painful, and her 'right knee and thigh were also injured. On September 20, 1994, on the advice of her attorney, she went to Dr. Henry Dixon, an internist, who took x-rays, performed light therapy, and prescribed medication. She also testified that she went to Earl K. Long Hospital once.

Dr. Henry Dixon testified that he first saw Olevia Coleman on September 20, 1994. She advised him that she was in an accident on September 10, 1994, when another car struck the passenger side of the car in which she was riding as a guest passenger. She complained of headaches and pain in her right shoulder, lower back region, right knee, and right ankle. On physical examination, Dr. Dixon detected evidence of spasm in the posterior cervical spine, spasm along the right paravertebral muscle (muscles which run along the side of the spine), tenderness with flexion and extension, and tenderness in the right knee. Her neurological exam was within normal limits. Initially, Dr. Dixon was of the opinion that Olevia Coleman was suffering from a cervical spasm, spasm in the lumbar area, and probably a sprained right knee.

He ordered x-rays of the cervical spine, the lumbar spine, and the right knee. Those revealed arthritic changes at C-5 through C-7 without disc narrowing, minimal scoliosis in the lumbar area, and a normal right knee. He prescribed an anti-inflammatory drug and magnatherm (magnetic heat) to the painful areas three times a week.

|sHe then saw her on September 21, 23, and 26 for heat therapy. On September 26th, she complained of a pounding headache with blurred vision and nausea. He thought these symptoms were due to underlying anxiety and prescribed anti-anxiety and anti-depressant medication.

Approximately one week later, the second accident occurred. At the time of the second accident on October 3, 1994, Olevia Coleman was again seated on the passenger side of the front seat of the car, wearing her seat belt. She testified that, upon impact, she was thrust forward, and then the seat belt “snatched” her back. At trial, she testified that she experienced weakness, and almost blacked out. She stated that her neck, arm, knee, and lower back were throbbing. She also experienced spasms in her lower back and the shoulder area of the right arm. She testified that the pain in her neck, right arm, right shoulder, lower back and knee increased after the second accident.

She testified further that she went to see Dr. Dixon the same day as the second accident, discussed the accident with him and told him she was in great pain. Additionally, Olevia Coleman’s daughter, Mari-cha Veals, testified that her mother’s condition worsened after the second accident.

In contrast, Beverly Lewis testified that, after the accident, she went to the passen[910]*910ger side of the Coleman vehicle and spoke with Olevia Coleman. Olevia Coleman said she was okay, got out of the vehicle, and did not complain. Beverly Lewis testified that she overheard Olevia Coleman tell the police officer that she was fine.

Furthermore, Dr. Dixon testified that he did not see Olevia Coleman the day of the second accident. Rather, he testified that he saw her seven days later on October 10, 1994, at which time she continued to complain of pain in her right shoulder and | (,knee. He testified that she said she was involved in another accident on October 3, but stated that she had no new problems. Dr. Dixon testified that there were no changes in her condition at the time of that visit.

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Bluebook (online)
757 So. 2d 907, 99 La.App. 1 Cir. 0094, 2000 La. App. LEXIS 1033, 2000 WL 340880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-lewis-lactapp-2000.