Edwards v. Geico Indemnity Co.

167 So. 3d 957, 14 La.App. 3 Cir. 606, 2015 La. App. LEXIS 537, 2015 WL 1211953
CourtLouisiana Court of Appeal
DecidedMarch 18, 2015
DocketNo. 14-606
StatusPublished
Cited by3 cases

This text of 167 So. 3d 957 (Edwards v. Geico Indemnity 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
Edwards v. Geico Indemnity Co., 167 So. 3d 957, 14 La.App. 3 Cir. 606, 2015 La. App. LEXIS 537, 2015 WL 1211953 (La. Ct. App. 2015).

Opinions

GREMILLION, Judge.

|! GEICO Indemnity Company, the insurer of Patricia Breaux (hereinafter referred to as Breaux), appeals the judgment in favor of the plaintiffs for injuries sustained in a motor vehicle accident. For the following reasons, we reverse in part, amend in part, and render. „

FACTUAL AND PROCEDURAL BACKGROUND

This appeal arises out of a February 24, 2012 motor vehicle accident on an exit ramp from 1-49 in Alexandria, Louisiana. The accident involved at least three vehicles. In the lead vehicle were plaintiffs, Tiras Edwards and Kevin Wardsworth, followed by a vehicle driven by Sean May-hair, which was followed by a vehicle driven by defendant-appellant, Breaux.1 The Mayhair vehicle rear-ended the plaintiffs’ vehicle, and the Breaux vehicle rear-ended Mayhair’s vehicle. Following a bench trial, the trial court found that “the plaintiffs proved their burden of proof by preponderance of the evidence as to liability.” Mayhair and Breaux were each found fifty percent at fault, and the trial court awarded each plaintiff $30,000 in general damages. Geico was cast with $15,000 in general damages for each plaintiff for a total of $30,000. Breaux now appeals.

ASSIGNMENTS OF ERROR

Breaux assigns as error:

1. The trial court was manifestly erroneous or clearly wrong in finding that Patricia Breaux was fifty percent at fault in causing the accident or impact as to the plaintiffs’ vehicle and thus being responsible for or causing fifty percent of the plaintiffs’ damages.
2. The trial court was manifestly erroneous in failing to assign any fault to Tiras Edwards for rear-ending the unknown driver and ^stopping suddenly, thus causing Sean Mayhair to impact his vehicle [2]
3. The trial court was manifestly erroneous in failing to find fault upon the unknown leader driver for stopping suddenly and causing Tiras Edwards to stop suddenly, resulting in the impact by Mayhair and allegedly Patricia Breaux.
4. The trial court was manifestly erroneous in awarding $30,000 in general damages to each plaintiff.

DISCUSSION

Testimony

Officer Sammy Dauzart of the Alexandria Police Department investigated the accident. Officer Dauzart testified that he had no independent recollection of the accident but reviewed his accident report. He stated that Edwards reported that the vehicle in front of him suddenly stopped, which caused him to stop. Mayhair reported that after he rear-ended the Edwards’ vehicle, the Breaux vehicle rear-ended him. Both Mayhair and Breaux [960]*960were ticketed for following too closely. Officer Dauzart testified that Edwards did not report a second impact occurring. The following exchange occurred:

Q. And if I read your report correctly Mr. Edwards only described one impact with his vehicle, that being from the Mayhair vehicle correct?
A. Based on my report it only reflects one impact. Yes, sir.

Officer Dauzart also testified that no injuries were reported at the scene of the accident. He reported the damage to the vehicles as minor/moderate, meaning there was noticeable damage, but all the vehicles were drivable and no wrecker service was needed.

|3Pr. Robert Rush is board certified in occupational medicine and treated Edwards and Wardsworth. He first saw Edwards on May 17, 2012, a little over three months after the accident, for lower back and right knee pain. An examination revealed tightness and tenderness in the lumbar and cervical regions. He diagnosed Edwards with facial trauma, cervical strain, and right knee trauma caused by the accident. Dr. Rush prescribed physical therapy and a gel pack to facilitate hot and cold compresses to the affected areas. He prescribed Relafen, an anti-inflammatory, for soreness and inflammation, and Zantaflex, a muscle relaxer to be taken at night for sleep disturbance and muscle spasm.

Dr. Rush saw Edwards on May 31, 2012, June 21, 2012, and July 3, 2012, when Dr. Rush noted resolution of Edwards’ shoulder, neck, back and knee problems. Edwards was discharged from Dr. Rush’s care at that time and also released from physical therapy.

Dr. Rush also saw Wardsworth on May 17, 2012, for knee and right shoulder pain. Wardsworth had visited the Huey P. Long Medical Center on February 29, 2012, March 17, 2012, and May 4, 2012, for treatment of the injuries he allegedly suffered in this accident. Dr. Rush found that Wardsworth had tenderness in his upper neck area, tightness in the interior chest, and tenderness over the knee caps. He diagnosed Wardsworth with cervical trauma, right upper trauma, and left knee trauma caused by the February accident. Wardsworth was prescribed the same treatment and medicines as Edwards. Dr. Rush saw Wardsworth on June 21, 2012 and July 3, 2012, at which time Wards-worth’s issues had resolved and he was released to a home exercise protocol.

On cross-examination, Dr. Rush admitted that Edwards continued to work as a sitter at a home health care business despite his soft-tissue injuries. Further, | ¿Wardsworth continued to work at Wal-Mart at a heavy manual labor job, which Dr. Rush admitted could cause knee, back, and neck pain.

Breaux testified that she was on the way to pick up her child from daycare when the accident occurred. She said that the May-hair vehicle stopped short and she “tapped” his vehicle. She denied ever seeing Mayhair’s brake lights come on, nor did she see any impact between the May-hair and Edwards vehicles. Breaux testified that she did not hit the Mayhair vehicle hard enough to push it forward and that the Mayhair vehicle had already hit the Edwards vehicle.

Edwards testified that he was stopped at a red light. When the light turned green, he began to move, but then he saw red brake lights and hit his brakes and “all of the sudden it was a pow that come from behind me.” When questioned if he felt two hits or one big hit from behind, Edwards stated, “I just felt a bang.” Edwards said his knee hit the dashboard, and he poked himself in the eye with his finger, [961]*961which caused irritation until the following day. Edwards said he visited the Huey P. Long Medical Center on February 26, 2012, because of the pain and the difficulty he was having completing his job duties, which involved assisting a one-hundred pound man who suffered with muscular dystrophy. However, Edwards said he only missed two days of work.

Edwards stated that he followed the medical advice from the Huey P. Long Medical Center staff to use warm compresses and do stretching exercises, but two months later he was still in pain and decided to consult with a lawyer. Edwards was referred to Dr. Rush by his attorney. Edwards, thereafter, visited Dr. Rush on May 17, 2012. Edwards stated to Dr. Rush that he did not have any pain or problems with his eye, back, or right knee prior to this accident. He said he attended eight physical therapy sessions. Although Edwards testified he was fine |sand “felt good” on his release date of July 3, 2012, he would still occasionally have flareups. Edwards said the accident affected his ability to play basketball and lift weights.

On cross-examination, Edwards admitted that he told the investigating officer that a vehicle in front of him suddenly stopped, which caused him to stop short. He again stated that he only felt one impact.

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167 So. 3d 957, 14 La.App. 3 Cir. 606, 2015 La. App. LEXIS 537, 2015 WL 1211953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-geico-indemnity-co-lactapp-2015.