Hardy v. State, Through Dept. of Highways

412 So. 2d 208
CourtLouisiana Court of Appeal
DecidedMarch 17, 1982
Docket8662
StatusPublished
Cited by11 cases

This text of 412 So. 2d 208 (Hardy v. State, Through Dept. of Highways) 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
Hardy v. State, Through Dept. of Highways, 412 So. 2d 208 (La. Ct. App. 1982).

Opinion

412 So.2d 208 (1982)

Deborah Kaye HARDY, et al., Plaintiff-Appellants-Appellees,
v.
STATE of Louisiana, Through DEPARTMENT OF HIGHWAYS, et al., Defendants-Appellees-Appellants.

No. 8662.

Court of Appeal of Louisiana, Third Circuit.

March 17, 1982.
Writ Denied May 7, 1982.

William Doran, Jr., Baton Rouge, for defendants-appellees-appellants.

Troy E. Bain, Shreveport, for plaintiffs-appellants-appellees.

William P. Crews, Jr., Natchitoches, for defendants-appellants.

Bolen & Erwin, James A. Bolen, Jr., Alexandria, Robert L. Salim, Brittain & Williams, Jack O. Brittain, Whitehead & *209 McCoy, Charles R. Whitehead, Jr., Natchitoches, for defendant-appellee.

Thomas & Dunahoe, Gerard F. Thomas, Jr., Natchitoches, for plaintiff-appellee.

Before CULPEPPER, GUIDRY and STOKER, JJ.

STOKER, Judge.

This is a suit for damages brought on behalf of James Donald Campbell resulting from personal injury sustained by him in which his wife Shirley Campbell seeks to be compensated for "mental anguish and the adverse effect on her life caused by the injuries to her husband." The case was heard in the district court in a consolidated trial of cases. After judgment was rendered in the trial court, all cases other than this, the Campbell case, were appealed to this court, the main opinion being reported at 404 So.2d 981 (La.App. 3rd Cir. 1981), writs denied, 407 So.2d 741 (La.1981) on December 14, 1981.

In the trial court all plaintiffs prevailed. Sole liability was imposed on the State through the Department of Transportation and Development. The trial court did not find liability on the part of the City of Natchitoches and its insurer, Hartford Accident and Indemnity Company. We affirmed as to the State and reversed as to the City and Hartford and cast them in solido with the State. As noted in footnote 1 of our opinion in this case, Hardy v. State, Through Dept. of Highways, supra, (404 So.2d 981 at 983), the claim of James D. Campbell and Shirley Campbell did not come up on appeal.[1] The Campbell case was held open for additional evidence relating to Mr. Campbell's physical and medical condition. After this case of the Campbells was completed, the trial court rendered judgment in favor of the City of Natchitoches (without mention of Hartford) denying the demands of both Mr. Campbell and Mrs. Campbell. Judgment was rendered in favor of James D. Campbell (through Shirley D. Campbell as his provisional curator) against the State. All claims of Shirley D. Campbell were rejected. The workmen's compensation claims of Liberty Mutual Insurance Company paid or due to be paid to James D. Campbell were recognized and judgment was rendered in its favor against the State.

APPEALS

This appeal brings up appeals by Shirley D. Campbell (devolutive) and by the State (suspensive). The State specifies only one error: that the court awarded an excessive amount of damages in favor of James D. Campbell. Shirley D. Campbell specifies two errors of the trial court: (1) that the trial court erred in failing to find that the City of Natchitoches had been negligent (and therefore liable to plaintiffs) and (2) the trial court erred in failing to award damages to Shirley D. Campbell for her mental anguish and the devastation of her life.

LIABILITY OF THE CITY OF NATCHITOCHES

For the reasons stated in our opinion in 404 So.2d 981, that portion of the district court's judgment which absolved the City of Natchitoches was error. The City should be cast in judgment in the same manner as in the other cases already decided.

QUANTUM OF THE AWARD TO JAMES D. CAMPBELL

The trial court awarded damages in favor of James D. Campbell in the total amount of $5,251,089.85 consisting of the following: Medical expenses through

March 17, 1981                     $  303,892.61
Future medical expenses             2,568,651.35
Lost wages                             55,574.63
Future lost wages                     822,971.26
Pain, suffering and disability      1,500,000.00
                                   _____________
               TOTAL               $5,251,089.85

*210 The State and the City do not complain in their briefs or arguments before us on the awards accrued at the time of trial for medical expenses in the amount of $303,892.61 or for lost wages in the amount of $55,574.63. The State's brief, which the City adopts, concentrates its principal attack on the awards for future loss of wages of $822,971.26, for future medical expenses of $2,568,651.35 and the award for general damages of $1,500,000.00. We will confine our review to these last three items of damage.

Damages for Pain, Suffering and Disability.

At the time of his accident Mr. Campbell was 39 years of age. He was married and had a family consisting of two sons who were 15 and 18 years of age. He worked as an automobile salesman for the Natchitoches Motor Company. He suffered a brain stem injury which makes him completely helpless physically, probably affects his mental capacity, causes him to suffer pain from muscle spasms, and affects some of his vital functions.

Initially a tracheotomy had to be performed to assist Mr. Campbell in breathing.

He was taken to the Schumpert Hospital in Shreveport on June 18, 1979, the date of the accident. He remained in intensive care for some 43 days during which time he was unconscious.

On September 4, 1979, Mr. Campbell was discharged to Memorial Hospital in Houston for the purpose of undergoing rehabilitation. He remained in Houston from September 4, 1979, until February 15, 1980. He returned to his home in Provincal, Louisiana, on February 16, and remained there until August 19, 1980. During this period he showed some improvement but his condition worsened in August 1980. He then was returned to Houston on August 19, where he stayed until September 6, 1980. He was at home for three days from September 9 to 10, 1980, and was then returned to Schumpert Hospital where he remained from September 10, 1980, until January 21, 1981. He has been at home since January 21, 1981.

Presently, the prognosis for the future is that there will be no improvement in his present condition. Perhaps the most discouraging and disturbing thing concerning Mr. Campbell's condition is that, although his brain stem injury has rendered him physically helpless, it has apparently not significantly disturbed his ability to see, hear, and understand. He engages in a little or no communication. Occasionally he makes one word responses to questions. He never initiates any conversation.

Mr. Campbell occupies a wheel chair for less than two hours a day but cannot be left alone in a wheel chair as he may slide out of the chair. He can draw his legs up and down but cannot turn himself or change positions. Therefore, nurses are required to turn him and change positions. He cannot change from a prone position to a sitting position. He must be fed by a tube. He cannot assist in any functions such as shaving, brushing his teeth or bathing. He cannot even drink water by himself. He must be fed by a syringe. He has no control over his bladder or bowels. He wears an external catheter for urination and he receives a tap water enema every other day to stimulate his bowels.

During the periods that Mr. Campbell underwent treatment for rehabilitation in Houston he appeared to show some slight signs of improvement. After plateauing in early November of 1979, he showed little improvement thereafter and finally slipped into what is evidently a condition of depression.

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Bluebook (online)
412 So. 2d 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardy-v-state-through-dept-of-highways-lactapp-1982.