Doucet v. Doug Ashy Bldg. Materials, Inc.

671 So. 2d 1148, 1996 WL 148370
CourtLouisiana Court of Appeal
DecidedApril 3, 1996
Docket95-1159
StatusPublished
Cited by18 cases

This text of 671 So. 2d 1148 (Doucet v. Doug Ashy Bldg. Materials, 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
Doucet v. Doug Ashy Bldg. Materials, Inc., 671 So. 2d 1148, 1996 WL 148370 (La. Ct. App. 1996).

Opinion

671 So.2d 1148 (1996)

Norman DOUCET & Gerry Brown Doucet, Plaintiffs-Appellees,
v.
DOUG ASHY BUILDING MATERIALS, INC. & Bradley Hollier and Indiana Lumbermens Mutual Insurance Company, Defendants-Appellants.

No. 95-1159.

Court of Appeal of Louisiana, Third Circuit.

April 3, 1996.

*1150 Clyde Fontenot, Ville Platte, for Norman J. Doucet et al.

Michael Edward Parker, Lafayette, for Doug Ashy Building Materials, et al.

Before THIBODEAUX, SAUNDERS and AMY, JJ.

SAUNDERS, Judge.

Both plaintiffs and defendants appeal on the issue of quantum. Plaintiff, Norman Doucet, was rear-ended in a traffic accident. The question raised by both him and by defendants is whether the jury abused its discretion in the level of damages he was awarded. Meanwhile Doucet's spouse, Gerry Brown Doucet, disputes the jury's refusal to award her any damages for loss of consortium. We find favor in Mrs. Doucet's appeal and award her $7,500.00 for loss of consortium, but otherwise affirm.

FACTS

On August 3, 1994, just before 2:00 p.m., plaintiff, Norman Doucet, was traveling south on U.S. Highway 167 in his 1985 GMC pickup truck. When he slowed down for traffic ahead of him on the two lane highway, his vehicle was struck forcefully from the rear by a 1989 Isuzu pickup truck owned by defendant, Doug Ashy Building Materials, Inc., and driven by Bradley Hollier.

Liability having been conceded by defendants, the sole issue tried by the jury was quantum. Following a two day trial, the jury awarded plaintiff, Norman Doucet, damages in the following amounts, which total $119,607.32:

(A) Physical pain and suffering, loss of enjoyment of life (past and future)          $25,000.00
(B) Mental anguish, emotional distress, inconvenience, and frustration (past and      $ 4,000.00
future)
(C) Medical expenses
   (1) past                                                                           $ 7,450.00
   (2) future                                                                         $ 7,250.00
(D) Lost wages or earning capacity
    (1) past                                                                          $14,157.32
    (2) future                                                                        $60,000.00
(E) Disability                                                                            -0-
(F) Property damages                                                                   $ 1,750.00

Additionally, the jury declined to award plaintiff's spouse, Gerry Brown Doucet, any damages for loss of consortium.

On appeal, defendants assign five errors. They argue the following:

(1) The jury committed manifest error in awarding $25,000.00 in physical pain and suffering and $4,000.00 in mental pain and suffering.
(2) The jury committed manifest error in awarding plaintiff $60,000.00 in future lost wages.
(3) The trial judge erred in allowing plaintiff's economic expert to testify concerning plaintiff's future lost wages.
(4) The jury committed manifest error in awarding plaintiff $7,250.00 for future medical care.
(5) The jury committed manifest error in awarding plaintiff $1,750.00 in property damage.

Plaintiffs answered defendants' appeal. Mr. Doucet argues that the jury should have awarded him greater damages. Mrs. Doucet *1151 seeks loss of consortium, a claim which the jury refused.

We address each of the awards in turn.

GENERAL DAMAGES

By their first assigned error, defendants maintain that the jury erred in awarding plaintiff $25,000.00 for past and future physical pain and suffering and loss of enjoyment of life, and $4,000.00 for past and future mental anguish, emotional distress, inconvenience and frustration.

Our "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. Maritime Overseas Corp., 623 So.2d 1257, 1261 (La.1993), cert. denied, ___ U.S.___ 114 S.Ct. 1059, 127 L.Ed.2d 379 (1994); Reck v. Stevens, 373 So.2d 498, 501 (La.1979).

It is only after articulated analysis of the facts discloses an abuse of discretion that the award may on appellate review be considered either excessive or insufficient. Reck, 373 So.2d 498. Absent such an initial determination, as a reviewing court, we should not disturb the trier's award. Id.

Defendants maintain that Mr. Doucet's injuries were not so severe as to support his $25,000.00 and $4,000.00 awards. Their theory is that defendants should have been held accountable for no more than plaintiff's cervical soft tissue injury, which pasted no more than 4 months after the accident and had become completely resolved by the time of trial. In support of their position, they allude to several strands of evidence. First, they observe that the reporting state trooper, Barney Daigle, testified that Mr. Doucet, the occupant of the rear-ended vehicle, reported only minor injuries after the accident and declined immediate medical attention. Alternatively, they argue that these figures were excessive because plaintiff, by his own treating orthopedic surgeon Dr. Lionel Mayer's opinion, was 70% recovered by November 21, 1994; also, they point out that both Dr. Mayer and orthopedic surgeon Dr. Angela Mayeux were of the opinion that plaintiff had reached maximum medical improvement and was capable of returning to work before the date of trial. The foregoing evidence, according to defendants, establishes that the jury erred in the magnitude of its award.

Notwithstanding that each of these arguments has some support in the record, we do not find that the jury abused its much discretion in rendering its award. Defendants' arguments overlook equally plausible evidence that plaintiff sustained, in addition to the neck injuries, back injuries which flowed from the accident. Both plaintiff and Dr. Thomas Fontenot, his long-time physician, testified that Mr. Doucet never complained of back pain before the date of his accident, but did afterwards. In view of this and other evidence contained in the record provided by individuals personally knowledgeable of Mr. Doucet's history, we conclude that the jury was not clearly wrong in concluding that not only Mr. Doucet's neck troubles but his back problems were attributable to the accident.

With respect to the duration of plaintiff's ailments, we again find no merit in defendants' argument that the jury was clearly wrong. The record contains the unequivocal testimony of Mr. Doucet and of others, each attesting to plaintiff's lingering pains and associated difficulties which persisted through the date of trial, April 17-18, 1995. Additionally, the medical evidence is clearly to the effect that an individual like Mr. Doucet possessing spondylolisthesis and spondylosis is more prone to injury and likely to require more time for recovery. Furthermore, while it is true, as defendants suggest and Mr. Doucet readily concedes, that his back pains did not become symptomatic until some four months after the accident, this fact did not require the jury to conclude that these back pains were not attributable to the accident. According to Dr. Thomas Fontenot, one of plaintiff's treating physicians, it was not altogether uncommon for Mr. Doucet's neck symptoms to spread to his back.

Defendants also argue, as they did at trial, that plaintiff's persistent back pains arose from a bathtub accident and not from the automobile accident.

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Bluebook (online)
671 So. 2d 1148, 1996 WL 148370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doucet-v-doug-ashy-bldg-materials-inc-lactapp-1996.