Guidry v. Canal Insurance Co.

313 So. 2d 860, 1975 La. App. LEXIS 3804
CourtLouisiana Court of Appeal
DecidedMay 19, 1975
DocketNo. 10107
StatusPublished
Cited by3 cases

This text of 313 So. 2d 860 (Guidry v. Canal Insurance 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
Guidry v. Canal Insurance Co., 313 So. 2d 860, 1975 La. App. LEXIS 3804 (La. Ct. App. 1975).

Opinion

LOTTINGER, Judge.

Plaintiff, Morille T. Guidry, was injured when he was thrown from a labor bus which left the road and overturned. Suit was filed against the bus owner’s liability insurer, Canal Insurance Company. Defendants admitted liability and the case was tried on the issues of plaintiff’s injuries and quantum. Judgment was rendered in favor of the plaintiff, Morille T. Guid-ry, and against the defendant, Canal Insurance Company, in the sum of $79,806.90, together with legal interest from date of judicial demand and all costs of the proceeding. In his written reasons for judg-[861]*861raent, the trial judge itemized plaintiff’s award as follows:

For physical pain and suffering $ 7,500.00
For mental suffering 2,500.00
For past medical expenses 1,666.90
For recommended therapy 3,000.00
For the period of total loss of earnings 34,000.00
For loss of future earnings 31,140.00
TOTAL AWARD $79,806.90

Both parties appealed from the amount of the award set by the trial judge. Plaintiff filed a motion to dismiss defendant’s appeal on the ground that defendant failed to timely file its appeal bond, which motion was denied at plaintiff’s costs.

Inasmuch as defendant stipulated liability, it is not necessary to go into the nature of the accident which gave rise to this case. We will first consider some background information on plaintiff and then go into the nature of his injuries. Morille T. Guidry was born in 1922. He left school in the third grade at the age of 14 to work in the fields but later completed his education in the service. After getting out of the service, he completed a vocational training course in carpentry and, from 1946 until around 1963, he did general carpentry work. At that time he went to work as a marine carpenter for Hope-man Brothers and its predecessor where he was continuously employed until the date of the accident in question. He described his job as that of being a marine carpenter who did interior finishing work, that is the installation of paneling, floor tile, and ceiling tile. He also had to climb ladders and install fixtures. In 1970, Mr. Guidry earned $8,263 or just under $700.00 per month. In 1971, from January 1st until he was hurt on September 24th, his earnings increased to over $800.00 per month or a total of $7,168.00. Prior to the accident in question, he was in good health, had never had any serious injuries or illness and no hearing difficulties or problems. Then on the afternoon of September 24, 1971 he suffered the injuries in question when he was thrown out of the labor bus in which he was riding.

Mr. Guidry was taken from the accident by ambulance to St. Joseph’s Hospital where Dr. Joseph Powell took over plaintiff’s care in the emergency room. He initially diagnosed plaintiff’s injuries as including (1) a compression fracture of the 12th thoracic vertebrae, (2) accompanying low back strain and soft tissue damage and (3) a fractured clavicle or collar bone. His pain was severe. Plaintiff’s hospital convalescence was further complicated when he developed paralytic ileus which is a condition where the intestinal tract ceases to function and the patient has to be fed intravenously and waste products removed through tubes inserted in the body. He was hospitalized until October 7, 1971 at which time he was given a narcotic for pain, a back brace to wear and he was told to remain in bed. We now quote from the written reasons for judgment for the trial judge.

“The doctors are all in accord as to the nature of his injury, and while their opinions vary somewhat as to the extent of permanent disability, the court feels that the plaintiff has proved by a preponderance of the evidence that he will never be able to return to strenous physical labor, but must be satisfied in the future with light work.
“From the court’s observation of the plaintiff during his testimony, and from the expert analysis of Dr. Irving Fos-berg, based on the psychological tests which he gave the plaintiff, plaintiff is a man of very limited intelligence, whose capabilities were limited to physical achievement. The testimony and analysis of Dr. Fosberg was completely corroborated by the testimony of Dr. Marvin Miller, an expert in the field of psychiatry, and their testimony convinces the court that plaintiff’s physical disability was compounded by an anxiety de[862]*862pressive reaction. Simply put, his life prior to the accident was physical in nature and he could express himself and derive satisfaction only through this outlet. The injury which prevented his normal physical expression resulted in a severe mental depression, and even though his injury has stabilized to what would be no more than a ‘nagging back ache,’ unless he attempted strenous labor, he has been incapable of performing at even a lower level because the depression prevented him from making the necessary effort. Being incapable of earning a living with mental labor, and being physically unable to perform physical labor because of the injury compounded by the anxiety overlay, he has suffered serious economic loss . . . . ”

In addition, plaintiff complained that approximately two. weeks after the accident he began to have a constant ringing noise in both ears which he never had before. However, he did not mention this problem to a doctor until approximately three months after the accident.

Plaintiff complains that the trial court was in error in failing to make any award for plaintiff’s auditory problem, in awarding only $7,500.00 for physical injuries, in awarding only $2,500.00 for emotional injuries and assessing future economic loss at only $31,140.00. Defendant, who also appealed, complains that the trial court made an excessive award in awarding $31,140.00 for future economic loss.

While it is. true that the Lower Court did not discuss the hearing loss in its written reasons for judgment, the Lower Court did make an award for physical pain and suffering. Apparently plaintiff believes that there should be another category for auditory injury. We believe that the Lower Court probably considered plaintiff’s au'ditory problems in the category of physical pain and suffering, and therefore will proceed to plaintiff’s complaint of the Lower Court awarding $7,500.00 for plaintiff’s physical pain and suffering and $2,500.00 for mental suffering.

The nature of the injuries sustained by Mr.. Guidry is undisputed. He sustained an uncomplicated fracture of the left clavicle that healed without residual disability within weeks of the accident. He was treated for this fracture along with the T 12 compression fracture with bed rest only. By March 3, 1972, the compression fracture was well healed although Mr. Guidry continued to have complaints of lower back pain. The T 12 compression fracture has resulted in some permanent physical function disability-estimated at 20% to his back according to Drs. Powell and Wickstrom and 10% to his entire body according to Dr. Gary. However, all of the medical experts agree that, with regard to plaintiff’s physical condition, he can return to gainful work of a type less strenuous than he was doing before the accident.

We have already quoted the findings of the trial judge as to plaintiff’s mental suffering from his written reasons for judgment. We might add that although Dr.

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Bluebook (online)
313 So. 2d 860, 1975 La. App. LEXIS 3804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guidry-v-canal-insurance-co-lactapp-1975.