Frey v. Alfred

492 So. 2d 48
CourtLouisiana Court of Appeal
DecidedMay 28, 1986
DocketCA 85-0185
StatusPublished
Cited by2 cases

This text of 492 So. 2d 48 (Frey v. Alfred) 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
Frey v. Alfred, 492 So. 2d 48 (La. Ct. App. 1986).

Opinion

492 So.2d 48 (1986)

Mrs. Patricia W. FREY, et al.
v.
Calvin A. ALFRED, et al.

No. CA 85-0185.

Court of Appeal of Louisiana, First Circuit.

May 28, 1986.
Rehearing Denied August 20, 1986.

*49 Alvin P. Perry, Jr. and William H. Reinhardt, Jr., New Orleans, for plaintiffs-appellants.

Steven C. Judice and Russel J. Cremaldi, Franklin, for Calvin A. Alfred, Metropolitan Ins. Co., W.J. Alfred & Sons, Inc., Aetna Cas. & Sur. Co. & ABC Ins. Co. defendants-appellees.

James L. Donovan, Jr., Donovan & Lawler, Metairie, for Metropolitan Property and Liability Ins. Co.

Before LOTTINGER, SAVOIE and CRAIN, JJ.

CRAIN, Judge.

Plaintiff-Appellant, Patricia Frey, individually and on the behalf of her minor daughter, Sharon Giluso, brought this claim for damages arising out of an automobile accident.[1] Defendant-Appellants are Calvin Alfred, his employer, W.J. Alfred & Sons, Inc. and their insurer, Aetna Casualty. Plaintiff claimed over $15,000,000 in damages. Liability was stipulated. Plaintiff appeals the trial court's award of damages. The facts are essentially undisputed.

FACTS

On December 11, 1980, Sharon was a passenger in a car being driven on Highway 90 near Morgan City. The driver was her fiance, Gordon Duval. Sharon was sixteen years old and 30 weeks pregnant. Calvin Alfred was approaching in the opposite lane, allegedly intoxicated. He crossed the center line of Highway 90 and crashed head on into the Duval vehicle. Gordon Duval was killed instantly. Sharon suffered only relatively minor physical injuries consisting of a few small cuts, and some bruises. However, she immediately went *50 into labor. Her child was stillborn, having suffered a massive skull fracture and placental abruption. The suit seeks damages in part for Sharon's past and future medical expenses; physical pain and suffering; permanent disfigurement; mental anguish and psychological damage; permanent disability; loss of earning capacity; and wrongful death of her stillborn child. The trial court awarded damages as follows:

  Physical pain and suffering
    associated with the stillbirth ...... $2,000
  Physical pain and suffering for cuts
    and bruises .........................  2,000
  Future pain and suffering for future
    scar revision surgery ..............     500
  Past psychological pain and suffering  40,000
    Disfigurement ......................   1,000
  Wrongful death of child ..............  15,000

The court also awarded all past medical expenses for Sharon and funeral and burial expenses for the fetus. The trial court rejected most of plaintiff's extensive claims for special damages which were allegedly caused by the catastrophic psychological injuries she suffered as a result of the loss of her loved ones. The court's rejection was based on its finding that most of her psychological injuries predated the accident, her father also having been killed in an automobile accident by a drunk driver when Sharon was ten (coincidently in the month of December). The tragic loss of her father at this early age caused Sharon great psychological trauma. She soon grew antisocial and by the age of twelve was heavily into alcohol, drugs and promiscuous sex. She had received some psychotherapy and in patient care, but these treatments were terminated prematurely.

The trial judge, in extensive written reasons for judgment, rejected most of plaintiff's demands finding that she had failed to prove the degree or amount of damages resulting from the previous accident involving her father, and the present one. The court found that it lacked sufficient evidence which would enable it to quantify the degree of aggravation of her injuries based on defendant's fault, and that it was prohibited from speculating in giving such awards. The plaintiff appeals.

Plaintiff's assignments of error question the trial court's rejecting her claims for;

a) future psychiatric treatment
b) permanent psychological disability
c) loss of earning capacity
d) future psychological injury.

Plaintiff also claims that the amounts the trial court did award as damages were so low as to constitute an abuse of discretion.

FUTURE SPECIAL DAMAGES

Plaintiff claims future special damages for medical expenses and loss of wages.

a) Future medical expenses

The trial court awarded $250 to cover the cost of anticipated scar revision surgery. Plaintiff has not questioned this award.

Plaintiff claims that the cost of future psychiatric care for Sharon ranges from $230,000 to $315,000. Expert testimony established that she will likely need one to two years of intensive inpatient care at a cost of several thousand dollars a month. In addition, Sharon will probably have to undergo periodic out patient treatment for the rest of her life. The trial court refused to award any sums for these expenses and gave a thorough review of the evidence in its reasons for judgment. From this evidence it is clear that Sharon suffers enormous psychological problems. It is also clear that these problems pre-existed the accident, were present at the accident, and continue to exist after the accident. One doctor put it succinctly when he stated that at 12 years of age she experienced "a constellation of symptoms best described as runaway reaction, incorrigible management problems in the home, developing severe depression and suggestion of substance abuse and sexual promiscuity." All this had occurred four years before the accident in question. Sharon was exhibiting essentially the same symptoms after the accident that she was treated for by him before the accident.

We do not choose to undergo what would be essentially a recapitulation of the trial *51 court's extensive review of the medical evidence. We give its reasons for denying plaintiff's claims for future medical expenses:

While it is undoubtedly true that a Plaintiff may recover for future psychological treatment necessitated by the fault of another, this case is complicated by the pre-existing psychological condition of the Plaintiff. In cases of this type, Plaintiff bears the burden of proving the extent of damage caused by defendants negligence. If Plaintiff had been a totally normal individual before the 1980 accident, the Court would have no hesitancy in awarding the full cost of all future psychological treatment.
. . . . .
On reviewing all of the evidence submitted in this case, the Court is unable to say that the evidence preponderates in Plaintiff's behalf. Despite repeated attempts, and searches through the record, the Court can find no evidence intorduced [sic] by Plaintiff to quantify the extent by which Plaintiff's pre-existing injury was agrivated [sic] by the 1980 accident. Under these circumstances, the Court not only refuses to, but is precluded from making any award for future psychological treatment.

The trial court concluded that plaintiff was in need of psychiatric care at the time of this accident and would have needed further psychiatric care regardless of the second accident. We find no manifest error in this conclusion from our review of the record. Under these circumstances it then becomes necessary to quantify the future medical expenses necessitated by this accident. c.f. Landry v. Bill Garrett Chevrolet, Inc., 443 So.2d 1139 (La.App. 4th Cir.1983).

Dr. Goldberg was the only psychiatrist that treated Sharon both before and after the accident.

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Related

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Bluebook (online)
492 So. 2d 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frey-v-alfred-lactapp-1986.