Edwards v. Sims

294 So. 2d 611
CourtLouisiana Court of Appeal
DecidedMay 10, 1974
Docket6196
StatusPublished
Cited by44 cases

This text of 294 So. 2d 611 (Edwards v. Sims) 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. Sims, 294 So. 2d 611 (La. Ct. App. 1974).

Opinion

294 So.2d 611 (1974)

Willie L. EDWARDS
v.
Calis S. SIMS, III, et al.

No. 6196.

Court of Appeal of Louisiana, Fourth Circuit.

May 10, 1974.
Rehearing Denied June 6, 1974.

*613 Mouton, Roy, Carmouche, Hailey, Bivins & McNamara (A. J. McNamara), Lafayette, for plaintiff-appellee.

Drury, Lozes & Curry (James H. Drury and Robert H. Wood, Jr.), New Orleans, for defendants-appellants.

Before LEMMON, STOULIG and BOURG, JJ.

LEMMON, Judge.

This is an appeal on both liability and quantum from a judgment which awarded Willie Edwards damages resulting from injuries he sustained in an automobile accident.

The daytime accident occurred near the intersection of North Robertson and France Streets in New Orleans. Robertson was a one-way, two-lane major artery for traffic heading across the Seeber bridge. France was a narrow residential street, wide enough for only one car when vehicles were parked on both sides of the street.

Edwards testified that he was driving 25 to 30 miles per hour in the left lane on Robertson, about three car lengths behind a car, which suddenly made an abrupt, unsignaled turn onto France; that he braked his panel truck to a quick stop without skidding; and that he was then struck from the rear by another panel truck.

Callis Sims, driver of the other truck, verified the fact that Edwards stopped to avoid striking the turning car and testified that he slammed on his brakes but could not avoid striking Edwards slightly. Another motorist, traveling on Robertson Street in the right lane, observed in his rear view mirror that Sims was approaching rapidly in the right lane, then saw Sims move into the left lane and finally saw Edwards' truck lurch forward upon being struck.

Defendants first contend Sims should be exonerated, inasmuch as he was confronted with a sudden emergency and was not required to assume the preceding motorist would stop suddently. We disagree. The sudden emergency doctrine applies only to a motorist who, while driving prudently, is confronted with an emergency created by someone else's negligence, and then only serves to excuse the otherwise prudent motorist for emergency conduct which, on sufficient reflection, was not the most prudent course of action. If Sims had maintained a proper lookout with his vehicle under control and had changed lanes properly and cautiously, he could have avoided the accident when Edwards was required to make an emergency stop.

Defendants next contend Edwards contributed to the accident by following the preceding car too closely, necessitating the abrupt stop which otherwise would have been unnecessary. Again we *614 disagree. Contributory negligence is conduct on the part of the plaintiff which falls below the standard to which he should conform for his own safety, the standard being that of a reasonable man under like circumstances. Smolinski v. Taulli, La., 276 So.2d 286 (1973). Driving at 25 miles per hour three car lengths behind a car traveling at approximately the same speed was reasonable behavior, as was Edwards' conduct when the preceding car made an abrupt, unsignaled turn. We conclude defendants have failed to prove contributory negligence and that Sims' behavior, rather than Edwards', violated standards of reasonable driving and turned the sudden emergency into a casualty.

QUANTUM

After the April 30, 1969 collision, which caused only minor damage to his truck, Edwards sustained momentary dizziness, but later resumed his duties as a bakery truck driver. Edwards attempted to continue work, but sought medical attention after two weeks because of persistent pain in his neck and shoulders. He underwent treatment by a general practitioner for several weeks, and then was referred to a neurosurgeon, who preliminarily diagnosed a cervical sprain and possible prolapsed disc. This doctor hospitalized Edwards for 16 days of physical therapy and traction. Through another physician Edwards was then administered physical therapy as an outpatient.

The neurosurgeon reevaluated Edwards in early August and again hospitalized him for further traction and possible myelography and surgery. When Edwards' suffering continued, the doctor administered two myelograms and eventually performed a lumbar laminectomy. The total period of this hospitalization was 32 days.

Unfortunately, a surgical infection set in, and Edwards was hospitalized two more times, for 13 and 6 day periods, for reopening of the wound and packing with gauze impregnated by antibiotics. During the last hospitalization the doctor reopened the wound under general anesthesia and scraped granulation tissue from the subcutaneous layer. The doctor testified that he was unable to successfully close the wound, but that he had to keep reopening the wound and packing it until it healed by itself.

On February 26, 1970 the doctor released Edwards to return to work, but recommended against heavy lifting and activities which required sudden and deliberate movement or long periods of sitting or standing. Edwards attempted to return to work as a bakery truck driver (which included delivering packages weighing up to 60 pounds), but was forced to return to the doctor, who administered further physical therapy. The doctor then advised him to seek other employment, as his physical condition was not suitable for the demands of his former occupation.

After several unsuccessful applications, Edwards obtained work as a plainclothes detective in a food store. However, three months later he had to give up the job because of the required standing on a protracted basis.

Then followed more physical therapy and more job applications. Finally, in 1971 Edwards obtained employment as a guard in an office building, which allowed him to sit whenever he became tired. He was still working in this job at the time of trial in June, 1973.

Edwards had no prior history of back trouble and had previously enjoyed steady employment. He had worked at the bakery for seven years prior to the accident and had become the senior of 13 drivers.

The trial judge made the following award:

Pain, suffering and disability       $60,000.00
Loss of wages through 1972            20,232.09
Impairment of earning capacity
  (anticipated future loss of wages)  26,443.00
Medical expenses (stipulated)          7,930.90
                                     __________
                            Total   $114,605.99

*615 Loss of Wages Through 1972

At the time of the 1969 accident Edwards was earning $1.60 per hour and as senior driver had first chance for any overtime work at time and a half. In 1970 the man who replaced Edwards as senior driver earned $7,532.00, and in 1972 earned $8,525.72.[1]

In determining Edwards' loss of wages in 1969, the trial judge calculated Edwards' average monthly earnings in the months prior to the accident and multiplied that figure by eight, the number of months remaining after the accident. For the loss of wages in 1970, 1971 and 1972, the judge used the amount of wages earned by Edwards' replacement and subtracted the amount of wages Edwards actually earned in those years.

We believe this to be a reasonable method of ascertaining Edwards' loss of wages through 1972. It is reasonably probable that if Edwards had not been injured, he would have continued working in the same position and furthermore would have earned approximately the amount of wages earned by his replacement as senior driver.[2]

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Bluebook (online)
294 So. 2d 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-sims-lactapp-1974.