Gilliam v. Williams

451 So. 2d 681
CourtLouisiana Court of Appeal
DecidedJune 6, 1984
Docket16303-CA
StatusPublished
Cited by6 cases

This text of 451 So. 2d 681 (Gilliam v. Williams) 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
Gilliam v. Williams, 451 So. 2d 681 (La. Ct. App. 1984).

Opinion

451 So.2d 681 (1984)

Sam A. GILLIAM, Plaintiff-Appellee,
v.
Lewis H. WILLIAMS, Defendant-Appellant.

No. 16303-CA.

Court of Appeal of Louisiana, Second Circuit.

June 6, 1984.

*682 Love, Rigby, Dehan, Love & McDaniel by Truly W. McDaniel, Shreveport, for defendant-appellant.

Doyle & Jenkins by Kerwin W. Doyle, Shreveport, for plaintiff-appellee.

Before HALL, FRED W. JONES, Jr., and SEXTON, JJ.

HALL, Judge.

The plaintiff, Sam A. Gilliam, sued the defendant, Lewis H. Williams, for damages sustained when the defendant hit the plaintiff on his head and hand with a clipboard at the close of a hearing to determine the defendant's entitlement to unemployment benefits. After trial, at which the defendant was not represented by counsel, the district court awarded the plaintiff $10,000 for his pain and suffering and $2,949.20 for his medical expenses.

The defendant devolutively appealed assigning the following errors:

(1) The trial judge erred in concluding the plaintiff had proven his case by a preponderance of the evidence.
(2) The trial judge erred in not considering the mitigating circumstances present in this case which mandated a denial of the relief requested by the plaintiff.
(3) The trial judge erred in admitting incompetent medical evidence of the plaintiff's injuries and of the causal connection between the defendant's alleged actions and the plaintiff's injuries.
(4) The trial judge erred in holding the defendant to the same or to a higher standard of competency and care in defending his case than if he had been represented by counsel.

The plaintiff answered the appeal praying for an increase in the amount of damages awarded. Finding neither manifest error nor abuse of discretion, we affirm the district court judgment.

The incident giving rise to this suit occurred at the close of a hearing concerning the defendant's eligibility for unemployment compensation benefits. The plaintiff works for the defendant's former employer and lodged certain allegations or complaints against the defendant which resulted in his discharge.

On the morning of February 14, 1983, the plaintiff arrived early at the location for the hearing and was conversing with one Bobby Morris, an employee of the Unemployment Compensation Control System, *683 while waiting for the other participants in the hearing to arrive. Shortly after the plaintiff arrived and began conversing with Mr. Morris, the defendant came into the lobby or waiting area. During the period of time which elapsed while everyone was waiting for the hearing to start, the defendant initiated one or more verbal exchanges with the plaintiff. While it appears that both the plaintiff and the defendant may have exchanged gestures in addition to words, no physical conflict resulted and the hearing was commenced. There appears to have been no noteworthy exchange between the plaintiff and the defendant during the hearing.

At the close of the hearing, the defendant, who was dissatisfied with the manner in which the hearing had been conducted and the decision reached regarding his eligibility for benefits, gathered his materials and started to leave the room. Upon passing behind the plaintiff, the defendant stopped and struck the plaintiff in the right side of the head with a clipboard. The plaintiff, although momentarily stunned, instinctively placed his hands over his head to shield himself from any further blows. At that point, the defendant struck the plaintiff again with the clipboard hitting him in the left hand and injuring the middle finger of that hand. As the plaintiff rose from his chair, other individuals present at the hearing restrained both him and the defendant. Moments later, the defendant left the room.

Immediately after the incident, the plaintiff complained to those present at the hearing of possible injury to his finger and head where the defendant had struck him. Immediately upon leaving the hearing, the plaintiff sought and obtained medical care.

Sufficiency of the Evidence

In Assignments of Error Nos. 1, 2, and 3, the defendant argues, in essence, that the plaintiff failed to carry his burden of proof. This contention is without merit.

In order to recover, the plaintiff must prove by a preponderance of the evidence that his damages resulted from an unprovoked attack by the defendant. Morneau v. American Oil Company, 272 So.2d 313 (La.1973); Hemsley v. Sims, 325 So.2d 877 (La.App.2d Cir.1976); Lavergne v. Hoffpauir, 306 So.2d 462 (La.App. 3d Cir.1975); Middleton v. Shaw, 271 So.2d 358 (La.App. 2d Cir.1972); Broussard v. Citizen, 44 So.2d 347 (La.App. 1st Cir. 1950). The plaintiff discharged this burden.

Assignments Nos. 1 and 3 challenge the sufficiency of the plaintiff's proof with respect to causation. In Assignment No. 1 the defendant contends the plaintiff failed to establish that the defendant in fact struck the plaintiff's hand with a clipboard. In Assignment No. 3 the defendant argues that the trial court erred in admitting hearsay evidence of the plaintiff's injuries over the defendant's objection. The latter error, the defendant argues, was extremely grave because the incompetent evidence, the surgeon's written report of the operation the plaintiff underwent and the surgical procedure employed, supplies the only medical evidence in the record describing the plaintiff's injuries. The defendant contends the presentation of medical evidence or testimony establishing the plaintiff's injury and its cause is an absolute prerequisite to recovery in an action for damages resulting from a battery. We find all these contentions meritless.

The cause in fact of an injury is a factual question and the trial court's determination in that regard will not be disturbed or overturned on appeal unless it is clearly wrong or manifestly erroneous. Guilbeau v. Roger, 443 So.2d 773 (La.App. 3d Cir.1983). No such erroneous determination exists in this case.

The defendant testified he struck the plaintiff only once, and then to the right side of the plaintiff's head with his open hand rather than a clipboard. The defendant denied that he struck more than one blow or that he struck the plaintiff's left hand.

Conversely, the plaintiff testified that he thought he was struck more than twice and specifically remembered being struck on *684 the middle finger of his left hand. The plaintiff also testified that he was momentarily stunned or dazed by the defendant's first blow but instinctively placed his arms and hands over his head to shield himself from the defendant's attack at which time his finger was struck.

Bobby Morris, the only apparently neutral or unbiased witness at trial, testified that he saw the defendant strike two blows with a clipboard and indicated the second blow struck the plaintiff's finger.

Only the plaintiff, his wife, the defendant, and Mr. Morris testified at trial. None of the other participants in the unemployment hearing nor any of the individuals who rendered medical attention or treatment to the plaintiff testified. However, it appears these individuals were equally available to both sides and no inference adverse to the plaintiff should arise from the absence of their testimony.

The trial court concluded, as do we, that the plaintiff's testimony, corroborated by that of Mr. Morris, is sufficient to establish by a preponderance of the evidence that the defendant struck the plaintiff's finger with a clipboard. Accordingly, Assignment No.

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451 So. 2d 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilliam-v-williams-lactapp-1984.