Griffith v. Bodden

273 So. 2d 609
CourtLouisiana Court of Appeal
DecidedFebruary 1, 1973
Docket9179
StatusPublished
Cited by6 cases

This text of 273 So. 2d 609 (Griffith v. Bodden) 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
Griffith v. Bodden, 273 So. 2d 609 (La. Ct. App. 1973).

Opinion

273 So.2d 609 (1973)

Aubrey P. GRIFFITH
v.
Samuel N. BODDEN et al.

No. 9179.

Court of Appeal of Louisiana, First Circuit.

February 1, 1973.
Rehearing Denied March 14, 1973.
Writ Denied May 18, 1973.

*610 Iddo Pittman, Jr. (Pittman & Matheny), Hammond, for appellant.

Charles B. W. Palmer (Palmer & Palmer), Amite, for appellees.

Before LANDRY, TUCKER, and PICKETT, JJ.

Rehearing En Banc Denied March 14, 1973.

TUCKER, Judge:

This is a suit for personal injuries and property damage sustained by plaintiff Aubrey P. Griffith in an automobile accident with defendant Samuel N. Bodden which occurred on December 4, 1970, about 3:30 P.M., as both parties were proceeding in an easterly direction on Highway 10 in Tangipahoa Parish. The testimony is highly conflicting as to the exact circumstances of the accident. Immediately after the accident plaintiff, who had been in exceptionally bad health and who had had an extensive medical record for the preceding five years, drove himself to the Lallie Kemp Charity Hospital. Dr. Tomoo Tajina, who examined the plaintiff at that time, gave his diagnosis as follows:

"...... When I examined Mr. Griffith, he was well oriented and I found him in no severe distress and his blood pressure was normal and temperature was normal and when I examined him I found very minor lacerations in left elbow and right forearm. Also he complained about some soreness in his left hand. And I did not see any abnormalities in his bony structure and chest was symetric and there was no evidence of a fracture and chest was clear on auscultation hearing by a stethoscope and he had some tenderness in his left back. And his abdomen was normal on examination. So, I ordered x-rays—chest x-ray and x-ray of his left hand, which I read as normal."

The only other medical treatment sought by Mr. Griffith following the accident was by his visit to Dr. I. I. Rosen of Amite. Dr. Rosen's report of April 29, 1971 was introduced into the record as P-12 and in it Dr. Rosen states:

"Pursuant to your request I am submitting report of pertinent injuries incurred in alleged auto accident of 4 Dec. 70 in which the left scapular area and index finger were involved.
On 7 Dec. 70, our only examination revealed moderate contusions of the affected areas with a more severe sprain of the left index finger.
Elastoplast fixation of the finger, linement rubs to the contused scapula were advised, anti-inflammatory and analgesics were prescribed and the patient was advised that time was the healing factor."

*611 Plaintiff's 1966 Chevrolet pickup truck which he was driving at the time of the accident has never been repaired but is still in use. This truck was bought in the name of plaintiff's son and remains in his name, but plaintiff claims that it belongs to him. He paid Twelve Hundred and No/100 ($1,200.00) Dollars for it when he purchased it about one and one-half years or two years prior to the accident. Mr. Louis Lamonica, who was qualified as an expert in used cars, stated that the plaintiff's truck had a value of Nine Hundred and no/100 ($900.00) Dollars prior to the accident and One Hundred Fifty and no/100 ($150.00) Dollars after the accident.

On the basis of the aforementioned injuries to person and property plaintiff filed suit against defendant Bodden on January 27, 1971, alleging the following injuries and damage:

1. Past pain and suffering ........ $2,000.00
2. Present pain and suffering .....    500.00
3. Future pain and suffering ......    500.00
4. Loss of pickup truck ...........  1,750.00
                                     ________
                            TOTAL   $4,750.00

On February 1, 1971, plaintiff's petition was amended solely to name the State Farm Mutual Automobile Insurance Company as a party defendant. The defendants answered on March 8, 1971, denying defendant Bodden's negligence and alleging that the accident was caused solely by plaintiff's own negligence, as set forth below, and that this negligence constituted contributory negligence, barring plaintiff's recovery:

(a) In operating his vehicle at a fast and unlawful rate of speed.
(b) In not having his automobile under control.
(c) In not maintaining a proper look out.
(d) In failing to observe and respect signals given by Bodden.
(e) In operating his automobile under the influence of intoxicating beverages.
(f) In operating his automobile with physical infirmity.
(g) The said Griffith was further guilty of other acts of negligence and carelessness which with the enumerated acts of negligence were the proximate cause of this accident.

The case was pre-tried on May 27, 1971, with no changes having been made in plaintiff's original demands. The case was then fixed for trial on October 26, 1971, but continued at the request of counsel for plaintiff. Finally on January 21, 1972, almost a year after the filing of the original petition, plaintiff filed a supplemental and amending petition in which he set forth for the first time demands for additional medical expenses and increased damages allegedly incurred since the filing of the first petition, as follows:

"(a) Personality regression and anxiety    $10,000.00
 (b) Past, present and future suffering     15,000.00
 (c) Medical Expenses, two trips
       to New Orleans                           20.00
 (d) Doctor Bills                               70.00
 (e) Possible Future Medical Expenses          555.00
 (f) Future Trips (Estimated)                  200.00
 (g) Estimated Drug Bills                       45.00
 (h) Doctor Bills                               21.00
 (i) Dr. I. I. Rosen                            28.00
 (j) Loss of wages by Lettie Griffith
        @ $1,900 per year                    9,500.00
 (k) Loss of Pickup Truck                    4,000.00
                                           __________
     Total                                 $35,439.00"

The case proceeded to trial on March 13, 1972, and judgment was rendered, read and signed on March 17, 1972, awarding plaintiff Ten Thousand ($10,000.00) Dollars for personal injuries, which was the limit per person of the State Farm liability insurance policy, and Seven Hundred Fifty ($750.00) Dollars property damage.

Application for new trials were filed by both parties and granted on March 17, 1972, allowing additional testimony by depositions. On June 30, 1972, the the trial court rendered judgment in favor of plaintiffs on the new trial, amending the judgment *612 of March 17, 1972, by the very generous addition of Forty-four Thousand Three Hundred Fifty-two ($44,352.00) Dollars loss of wages, discounted at the rate of five (5%) per cent for twelve (12) years, or Thirty-nine Thousand Three Hundred Nine and 50/100 ($39,309.50) Dollars, with a full judgment against defendants Bodden and State Farm Insurance Company of Forty-nine Thousand Three Hundred Nine and 50/100 ($49,309.50) Dollars individually and in solido, for personal injuries and Seven Hundred Fifty ($750.00) Dollars for property damage.

The defendants appealed suspensively from this judgment alleging the following grounds of error:

"1. There was error in the Trial Court's finding that the plaintiff was free of negligence and contributory negligence proximately causing this accident.
2.

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Griffith v. Bodden
277 So. 2d 448 (Supreme Court of Louisiana, 1973)

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Bluebook (online)
273 So. 2d 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-bodden-lactapp-1973.