Cooper v. Lacorte

775 So. 2d 4, 99 La.App. 4 Cir. 1726, 2000 La. App. LEXIS 1462, 2000 WL 722579
CourtLouisiana Court of Appeal
DecidedMay 17, 2000
DocketNo. 99-CA-1726
StatusPublished
Cited by13 cases

This text of 775 So. 2d 4 (Cooper v. Lacorte) 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
Cooper v. Lacorte, 775 So. 2d 4, 99 La.App. 4 Cir. 1726, 2000 La. App. LEXIS 1462, 2000 WL 722579 (La. Ct. App. 2000).

Opinions

11 McKAY, Judge.

In this personal injury action, the defendant appeals the trial court’s finding of liability as well as the quantum of damages while the plaintiff appeals the trial court’s failure to award punitive damages for driving while intoxicated. We affirm the trial court’s finding of liability; we amend the trial court’s award of damages; and we affirm the trial court’s decision not to award punitive damages.

FACTS AND PROCEDURAL HISTORY

On November 27, 1996, a Chevy Yukon, driven by Heather Lacorte, collided with a Chevy Barreta, driven by John T. Cooper, at the intersection of Jefferson Davis Parkway and Earhart Boulevard. The collision appears to have been a minor impact; the Yukon sustained no damage while the Barreta suffered only a small dent to the front panel on the driver’s side.

John Cooper and three of the guest passengers in his vehicle, Marion Cooper, Sheriga Brown, and Vangel Brown, filed suit against Heather Lacorte and Continental Insurance Company. Later, Lionel Brown, the other guest passenger in the [7]*7vehicle driven by John Cooper, filed a petition for intervention, seeking to |2intervene in the lawsuit against Heather Lacorte and Continental Insurance Company.

A bench trial was held on July 13 and 17, 1998, and August 4, 5, 10, 17, 18, 19, 21, 27, and 28, 1998. On November 20, 1998, the trial court ruled in favor of the plaintiffs and awarded Marion Cooper $1,600,000 in general damages, $90,787 in past medical expenses, $50,000 in future medical expenses, and $244,659 in lost wages and wage earning capacity; John T. Cooper $25,000 in general damages and $3,665 in medical expenses; Sheriga Brown $20,000 in general damages and $1,792 in medical expenses; Vangel Brown $48,000 in general damages and $2,240 in medical expenses; Lionel Brown $575,000 in general damages, $56,006 in past medical expenses, $25,000 in future medical expenses, $18,430 in past lost wages and $360,364 in future lost wages and earning capacity; and Alfred Cooper $40,000 for his loss of consortium claim. These awards included interest from the date of judicial demand until paid, plus all costs of the proceedings. The defendants appeal from this judgment and the plaintiffs have answered the appeal.

DISCUSSION

On appeal, the appellants assert two assignments of error while the appel-lees/cross appellants assert one.

Appellants first contend that the trial court erred in basing its judgment on improperly admitted evidence. Four of the five evidentiary decisions questioned by the appellants have to do with whether an expert was improperly permitted to testify. However, for every expert who testified in this proceeding, the opposing laparty was allowed to and did obtain an expert of their own. It is unlikely that either party incurred prejudice due to the testimony of the expert witnesses. In any event, even if the evidence had been allowed to be introduced, it is unlikely the trial court’s decision would have been affected. The other evidentiary issue raised by the appellants questions the trial court’s allowing rebuttal testimony from one of the appellee’s treating physicians.

The trial judge has great discretion in the manner in which proceedings are conducted before his court, and it is only upon a showing of gross abuse of discretion that appellate courts have intervened. LSA-C.C.P. Art. 1631; Sullivan v. Welch, 328 So.2d 731 (La.App. 3 Cir.1976). Home Insurance Co. of Illinois v. National Tea Co., 577 So.2d 65 (La.App. 1 Cir. 1990), writ granted in part, 580 So.2d 364 and 580 So.2d 365, affirmed in part, reversed in part, 588 So.2d 361 (La.1991). Harris v. West Carroll Parish School Bd., 605 So.2d 610 (La.App. 2 Cir.1992). Furthermore, the trial court has great discretion in controlling the presentation of evidence, including the power to admit or refuse to admit rebuttal evidence. White v. McCoy, 552 So.2d 649, 658 (La.App. 2 Cir.1989). Beecher v. Keel, 94-0314 (LA.App. 4 Cir. 9/29/94) 645 So.2d 666.

After a careful review of the record in the instant case, we find no abuse of discretion in the trial court’s admitting of evidence. Further we find no manifest error in the trial court’s evidentiary rulings.

Appellants also contend that the damages awarded were excessive and constitute an abuse of the trial court’s discretion. The Louisiana Supreme Court |4has consistently maintained that an appellate court is not simply to review the medical evidence and conclude that the award is excessive or inadequate. Reck v. Stevens, 373 So.2d 498 (La.1979). The Court disapproves of the use of a scale of prior awards in cases with similar injuries to determine whether the trier of fact abused its discretion. Id. Rather, 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. Mar[8]*8itime Overseas Corp., 623 So.2d 1257, 1260 (La.1993). Only after such a determination of abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonable within that discretion. Id.

The trial court awarded John Cooper $25,000 in general damages and $3,605 in medical specials. The standard of review for damage awards requires a showing that the trier of fact abused the great discretion accorded in awarding damages. In effect, the award must be so high or so low in proportion to the injury that it “shocks the conscience.” Moore v. Healthcare Elmwood, Inc., 582 So.2d 871 (La.App. 5 Cir.1991).

As a result of the accident, Mr. Cooper suffered from lumbosacral sprain/ strain with associated vertebral subluxation complex, bilateral sensory neuritis at the L 4 level, and a left-sided neuritis at the L 5 level. Mr. Cooper incurred medical expenses of $2,505 with Executive Chiropractic Services, $320 with Magazine Radiology, and $840 with Magazine Diagnostic. Based on these ftfacts, it does not appear that the general damages awarded to Mr. Cooper were excessive, nor does it appear that the trial court abused its discretion in making the award.

The trial court awarded Sheriga Brown $20,000 in general damages and $1,792 in medical expenses. Sheriga Brown first sought treatment for lower back pain and headaches on December 3, 1996. Dr. Richter, one of her treating physicians, related her injuries to the accident of November 27, 1996. Sheriga Brown treated until March 14, 1997, at which time she was told to continue home exercises. Under these circumstances, it does not appear that the general damage award of $20,000 was excessive.

The trial court awarded Vangel Brown $48,000 in general damages and $2,240 in medical expenses. On December 3, 1996, Vangel Brown sought treatment for head, cervical, and lumbar pain. Dr. Richter diagnosed headaches, cervical sprain, thoracic sprain, lumbosacral sprain, and shoulder and hip contusions. On March 14, 1997, Dr. Richter found Vangel Brown complaint free and released her. In April of 1997, Vangel Brown visited Dr. Kucharchuk, complaining of headaches, neck, and back pain. However, Dr. Ku-charchuk failed to render treatment and opined that by June of 1997, Vangel Brown should have reached maximum medical improvement. Further, at trial, defendants proved Vangel Brown possessed a history of head pain and back injury.

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

Related

Keshawn Patterson v. Tacarra Charles
Louisiana Court of Appeal, 2019
Everett v. Intorbus of New Orleans, LLC
262 So. 3d 332 (Louisiana Court of Appeal, 2018)
Rodriguez v. Claassen
207 So. 3d 490 (Louisiana Court of Appeal, 2016)
Caldwell v. Anpac Insurance Co.
185 So. 3d 846 (Louisiana Court of Appeal, 2016)
D.M.S. v. I.D.S.
225 So. 3d 1127 (Louisiana Court of Appeal, 2015)
Johnson v. St. Romain
74 So. 3d 836 (Louisiana Court of Appeal, 2011)
Lori Johnson v. David John St. Romain
Louisiana Court of Appeal, 2011
Youngblood v. Lee
914 So. 2d 1186 (Louisiana Court of Appeal, 2005)
Moore v. Kenilworth/Kailas Properties
865 So. 2d 884 (Louisiana Court of Appeal, 2004)
Ploger v. Reese
819 So. 2d 1114 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
775 So. 2d 4, 99 La.App. 4 Cir. 1726, 2000 La. App. LEXIS 1462, 2000 WL 722579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-lacorte-lactapp-2000.