Detraz v. Hartford Acc. & Indem. Co.

647 So. 2d 576, 1994 WL 680437
CourtLouisiana Court of Appeal
DecidedDecember 7, 1994
Docket94-708
StatusPublished
Cited by20 cases

This text of 647 So. 2d 576 (Detraz v. Hartford Acc. & Indem. 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
Detraz v. Hartford Acc. & Indem. Co., 647 So. 2d 576, 1994 WL 680437 (La. Ct. App. 1994).

Opinion

647 So.2d 576 (1994)

Michael James DETRAZ, Sr., Shawnee Detraz, and Michael James Detraz, Jr., Plaintiffs/Appellees,
v.
HARTFORD ACCIDENT & INDEMNITY CO., Twin City Fire Insurance Co., Benny L. Toland, Drilling Services Supply Co., Marine Drilling Co., Mar-Drill, Inc., and Marine Drilling Management Co., Defendants/Appellants.

No. 94-708.

Court of Appeal of Louisiana, Third Circuit.

December 7, 1994.

*577 Richard J. Putnam Jr., Abbeville, for Michael Detraz, et al.

Jon Daniel Picou, Morgan J. Wells Jr., Metairie, for Hartford Acc. & Indem., et al.

Before KNOLL and WOODARD, JJ., and BERTRAND[*], J. Pro Tem.

LUCIEN C. BERTRAND, Jr., Judge Pro Tem.

This litigation arises out of an auto accident of February 5, 1992, when an 18 wheeler with an "over-height" load struck a bridge and knocked a 4,500-6,000 lb. trash compactor onto the front end of an oncoming Toyota Celica. The occupants of the Celica, Michael Detraz, Sr. and his daughter, Michelle, as well Detraz's wife, Shawnee, and their son Mike, Jr., filed suit for personal injuries against Hartford Accident & Indemnity Co., Twin City Fire Insurance Co., Benny L. Toland (the driver of the 18 wheeler), Drilling Services Supply Co., Marine Drilling Co., Mar-Drill, Inc., and Marine Drilling Management Co.

The trial court granted summary judgment in favor of the plaintiffs on the question of liability and, at plaintiffs' request, severed the claims of Michelle Detraz. The jury returned a verdict in favor of Michael Detraz, Sr., Shawnee Detraz, and Mike, Jr., as follows:

*578
I. MICHAEL DETRAZ, SR.:
   A. Past medical expenses                                                          — $    63,151.46
   B. Future medical expenses                                                        —      25,000.00
   C. Loss of past income, future income and earning capacity                        —     400,000.00
   D. Past and future physical and mental pain and suffering, disfigurement, and
        physical disability                                                          —     500,000.00
   E. Past and future loss of enjoyment of life                                      —     300,000.00
II.  SHAWNEE DETRAZ:
     A. Past and future loss of consortium                                           — $    80,000.00
III. MICHAEL DETRAZ, JR.
     A. Past and future loss of consortium                                           — $    25,000.00
            TOTAL                                                                            $1,393,151.46

The trial court denied defendants' post trial motions for a new trial and remittur. Defendants appeal, arguing that the awards for economic loss and general damages to Michael Detraz, Sr., and loss of consortium to Shawnee and Mike, Jr., are excessive.

FACTS

The accident happened at approximately 7:00 p.m. on February 5, 1992, as Detraz and his daughter Michelle were traveling across the Perry Bridge over the Vermilion River. A truck driven by Benny Toland with a load of three oilfield trash compactors was approaching from the opposite direction when the top of the first compactor struck the bridge's superstructure. This produced a domino effect, with all three compactors being thrown from the truck. Daniel Geoffroy, a truck driver who was directly behind the Detraz vehicle, testified that one compactor struck the hood of the Celica, instantly stopping its progress of approximately 35 mph.

Detraz was immediately transported to Hamilton Hospital in Lafayette where he would remain for the next 32 days. His multiple injuries included a fractured and dislocated left hip, a dislocated right shoulder, with a torn rotator cuff, a deep laceration to the left arm, a fractured sternum, fractured ribs, and abrasions to the head.

Dr. Charles Olivier, an orthopedic surgeon, explained that Detraz's hip injury was the result of great force applied to the knee or thigh while in a sitting position. Dr. Olivier first had to manually replace the hip into the socket, then install a traction pin which remained in place and essentially immobilized Detraz for 30 days. Because the dislocation also involved a fracture, Dr. Olivier had to reopen the hip joint one week later to secure two large bone fragments with screws and to remove some of the smaller fragments from the socket. Detraz remained in traction throughout his hospital stay, entirely confined to his bed. Approximately four months after his release from the hospital, Detraz had to undergo yet another operation on his shoulder to repair the torn rotator cuff.

Although Dr. Olivier was pleased with the results achieved, he acknowledged that Detraz would have restrictions in the use of his arm and leg and could not return to his former job. At trial, Detraz testified that he continues to have weakness, pain and restriction of motion in his right, dominant arm such that he can only lift 10-15 lbs. above his waist, he can no longer cast a fishing rod with his right hand, nor can he perform some simple tasks such as using a screwdriver. As to his leg, he testified that he can only walk ¼ of a mile and stand only 30-40 minutes without pain. Dr. Olivier agreed that these restrictions were consistent with his observations and expectations for Detraz's recovery.

At the time of the accident, Detraz was employed at two physically demanding, outdoor jobs. His primary position was that of a facilities technician for Louisiana Universities Marine Consortium (LUMCON), a state marine research and educational center. Detraz was singlehandedly responsible for the maintenance and operation of LUMCON's satellite facility on Bayou Fearman. This remote facility, located in the marsh and accessible only by boat, presented unique maintenance problems. Any plumbing or painting required the erection of scaffolding tiers that had to be carried through the marsh, and repairs of numerous walkways at *579 the site also required carrying lumber and posts through the marsh. Detraz's job duties also required him to load and unload all research equipment brought to the facility and at times to serve as a crew member on the facility's two research vessels. All physicians who testified at trial agreed that Detraz could no longer continue this employment.

The flexible hours of the LUMCON position permitted him to also work for the Seventh Ward Drainage District, which managed irrigation, drainage and flood control for over 80,000 acres. Detraz was responsible for three water control structures and had to be on call 24 hours a day. His duties included inspecting levee systems, testing water for salt content, opening and closing flood gates and running a mud boat. Before the accident, Detraz could perform each of these strenuous tasks without any assistance. Although he is still employed by the Drainage District, he now needs help from other maintenance employees or from his wife and son to get the job done.

Dr. Michael Heard, an orthopedic surgeon, also examined and treated Detraz at plaintiffs' request. Dr. Heard placed significant restrictions on Detraz's use of his right arm. A functional capacity evaluation advised no overhead lifting of more than 15 lbs. frequently, 35 lbs. occasionally. Dr. Heard also predicted that Detraz would develop post traumatic arthritis and require a total hip replacement within the next 15 years. A physical therapy report indicated that Detraz would be limited in all lifting, carrying, pushing, and pulling tasks. At the defendants' request, Dr. James McDaniel also examined Detraz. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
647 So. 2d 576, 1994 WL 680437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/detraz-v-hartford-acc-indem-co-lactapp-1994.