Hammond v. Rahsaana

135 So. 3d 1207, 2013 La.App. 4 Cir. 1202, 2014 WL 1370037, 2014 La. App. LEXIS 525
CourtLouisiana Court of Appeal
DecidedFebruary 26, 2014
DocketNo. 2013-CA-1202
StatusPublished
Cited by8 cases

This text of 135 So. 3d 1207 (Hammond v. Rahsaana) 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
Hammond v. Rahsaana, 135 So. 3d 1207, 2013 La.App. 4 Cir. 1202, 2014 WL 1370037, 2014 La. App. LEXIS 525 (La. Ct. App. 2014).

Opinions

MAX N. TOBIAS, JR., Judge.

Bln this personal injury case, the plaintiff/appellee, Michael Hammond, alleges that he was injured when a piece of the ceiling in the apartment he was renting from the defendant/appellant, Ison Rah-saana, fell on his head. After reviewing the record and applicable law, we affirm the judgment.

In June 2007, Mr. Hammond rented an apartment from Ms. Rahsaana;1 the parties had known each other for about twenty years. The apartment, Apartment D, was located in a four-plex at 2105 Columbus Street in New Orleans. The rent was $750.00 per month; Mr. Hammond told Ms. Rahsaana that the Federal Emergency Management Agency (“FEMA”) would be paying his rent, a fact not unusual in the aftermath of Hurricane Katrina in 2005. The evidence demonstrates, however, that Ms. Rahsaana received nothing from FEMA until January 2008, after Mr. Hammond had vacated the apartment.2

[1209]*1209[gMr. Hammond testified that, in July 2007, he reported to Ms. Rahsaana that sheetrock was falling from the living-room ceiling; no repairs were ever made. Mr. Hammond also specifically denied being in a car accident shortly before (5 October 2007) the incident in question.

Mr. Hammond testified that on 7 October 2007, at approximately 4:00 a.m., while he was praying in his living room, a two-foot square part of the ceiling fell on his head and neck.3 No pictures of the ceiling or fallen sheetrock were admitted into evidence. Mr. Hammond stated that he sought medical treatment the following day with his family doctor, Henry Evans, M.D., who sent him for a CT scan of his head. Medical records from Diagnostic Imaging, the facility that performed the CT scan, reported normal findings. Other than the order for a CT scan, no other medical records from Dr. Evans are in the record before us.

About one month later, Mr. Hammond’s attorney sent him to be examined by George A. Murphy, M.D.; he was examined on 12 November 2007. Dr. |sMurphy did not testify at trial, but his report was received in evidence. In his report to the referring attorney, he reported that Mr. Hammond had diminished extension and rotation to the left of the cervical spine with spasm present on the left of the base of^ his neck and shoulder. Dr. Murphy specifically noted that Mr. Hammond told him that he had been in a prior motor vehicle accident in October in which he injured only his lower back and was treated at Tulane Hospital; Mr. Hammond reported that the area was well at the time of the visit. Dr. Murphy diagnosed him with a contusion to the head and cervical strain as a result of the injury and ordered a MRI of his cervical spine. Dr. Murphy stated that Mr. Hammond would return for routine follow-up with his office. However, Mr. Hammond neither had the cervical MRI nor returned to see Dr. Murphy. Mr. Hammond testified that he suffered headaches and neck pain for about the next seven months.

Ms. Rahsaana testified that in late September 2007, Mr. Hammond first informed her that there was a small leak in the living room ceiling of the apartment. She had a contractor look at it; the contractor said that there was a small leak in the roof that would have caused discoloration in the ceiling. The record is unclear as to whether the leak was actually repaired at that time.

Ms. Rahsaana testified that about a week later, on 5 October 2007, she wit[1210]*1210nessed the plaintiffs involvement in a motor vehicle accident in front of her apartment building. He was driving up Columbus Street when he was hit from the passenger side; his car was pushed up into Ms. Rahsaana’s yard. She testified that |4the car was heavily damaged and stayed parked in her yard until she had it towed away. Mr. Hammond did not complain to her of any head or neck injuries as a result of the accident. The accident involving the ceiling occurred a day or two later. When she observed the ceiling after the accident, the “entire ceiling” had been pulled down.

Mr. Hammond subsequently sued Ms. Rahsaana and her insurance company for damages resulting from the fallen ceiling.4 Shortly before trial, on 13 February 2013, the following letter was sent to Mr. Hammond’s counsel by Dr. Murphy:

Mr. Michael Hammond was evaluated in my office November 12, 2007.
All of my findings on examination, the diagnosis of contusions of the head and cervical strain, the treatment rendered and my bill for $500 were all more probably than not related to Mr. Hammonds [sic] accident of October 7, 2007.

A bench trial was held on 4 March 2013, at which both parties testified; they were the only witnesses. Much of the evidence was hearsay to which neither party objected. The court rendered judgment in favor of the plaintiff the following day and awarded the amount of $6,000.00 in general damages, $1,416.50 in special damages, along with judicial interest and court costs. In its reasons for judgment, the trial court relied on the limited medical records that were admitted into the record in lieu of live testimony, noting that the parties stipulated to the authenticity and admissibility of the records and the amount of the medical expenses.5 The |Bcourt found that the evidence presented at trial established that on 7 October 2007, Mr. Hammond sustained a soft-tissue injury that took seven months to resolve. This timely appeal followed.

It is well-established law that we review the factual findings of the trial court for manifest error. Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1979). The standard of review applicable to fact findings of the trial court has been clearly enunciated by our Supreme Court in Rabalais v. Nash, 06-0999, p. 4 (La.3/9/07), 952 So.2d 653, 657:

It is well-settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong.... To reverse a fact-finder’s determination, the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and that the record establishes that the finding is clearly wrong. Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). Where the jury’s findings are reasonable, in light of the record reviewed in its entirety, the court of appeal may not reverse. Even where the court of appeal is convinced that it would have weighed the evidence differently to reach a different result, reversal of the trial court is improper unless the [1211]*1211trial court’s ruling is manifestly erroneous, or clearly wrong.

Where two permissible views of the evidence exist, the fact-finder’s choice cannot be manifestly erroneous or clearly wrong. The appellate court “must be cautious not to re-weigh the evidence or to substitute its own factual findings” for those of the trial court. Eisenhardt v. Snook, 08-1287, p. 6 (La.3/17/09), 8 So.3d 541, 545. The issue to be resolved by a reviewing court is whether the factjñnder’s6 conclusion was reasonable. Stobart v. State through Dept. of Transp. and Development, 617 So.2d 880, 882 (La.1993).

In particular, the deference to a trial court’s ability to evaluate the credibility and make reasonable inferences of fact, to experience the immediacy of seeing and hearing witnesses in the course of their testimony, is a well-established precept of our law. See Rosell v. ESCO,

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Bluebook (online)
135 So. 3d 1207, 2013 La.App. 4 Cir. 1202, 2014 WL 1370037, 2014 La. App. LEXIS 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammond-v-rahsaana-lactapp-2014.