Harkins v. Continental Oil Co.

385 So. 2d 1216, 1980 La. App. LEXIS 4126
CourtLouisiana Court of Appeal
DecidedJune 25, 1980
DocketNo. 7561
StatusPublished
Cited by2 cases

This text of 385 So. 2d 1216 (Harkins v. Continental Oil 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
Harkins v. Continental Oil Co., 385 So. 2d 1216, 1980 La. App. LEXIS 4126 (La. Ct. App. 1980).

Opinion

DOMENGEAUX, Judge.

This suit was instituted by William Har-kins against his employer, Continental Oil Company, and its workmen’s compensation carrier, Hartford Accident & Indemnity Company, to recover workmen’s compensation benefits. Judgment was rendered in favor of the plaintiff finding him to be totally and permanently disabled and entitled to benefits. In addition, penalties and attorney’s fees were awarded. Defendants bring this appeal from that judgment.

[1217]*1217On January 28, 1978, William Harkins was employed as a truck driver by Continental Oil Company working out of Continental’s terminal in Westlake, Louisiana. On that date, Harkins and his co-driver, Dan Richardson, departed from the West-lake terminal en route to Avenal, New Jersey, to deliver drums of chemicals.

Plaintiff claims to have suffered an accident which caused injury to his cervical region and his right knee while assisting in unloading the drums in New Jersey on January 30, 1978.

At trial, the defendants strenuously argued that the plaintiff did not have an accident or suffer an injury to either the cervical region or his right knee. On appeal, the defendants concede that Mr. Har-kins did sustain an accident and that he possesses the cervical disability found by the trial court. Their argument is limited solely to the plaintiff’s knee injury and to the award of penalties and attorney’s fees.

The critical issue on appeal is whether the trial court erred in its determination that there was a causal relation between the plaintiff’s knee problems and the accident in New Jersey. This is essentially a factual determination. We agree with the following observations made by the trial court:

“. . . All issues are factual and present a rather classic example of the necessity for the Court to assess the credibility of witnesses, not only from their testimony, but also from their demeanor, forthrightness, evasiveness, sincerity or reluctance.
Defendant has vigorously attacked the credibility of plaintiff, both as to the occurrence and reporting of the accident and has demonstrated numerous inconsistencies in his testimony. The Court notes those inconsistencies but determines that they do not sustain defendant’s contention that no accident occurred. There is more than ample support of the claim of an accidental injury.
Plaintiff’s co-driver, Dan Richardson, testified that plaintiff had in the past performed his portion of their heavy and strenuous work well and without complaints; that plaintiff was all right on the trip to New Jersey but was in apparent pain returning; that plaintiff told him of the injury in the truck during the unloading operation and that he took over the remainder of the work because plaintiff was holding his arm and that he, Richardson, did most of the driving on the return trip and could hear plaintiff moaning in the truck cab sleeper. While this witness’ testimony was attacked on the basis of the driving time logs, it was apparent to the Court that he was being facetious when he refused to admit under oath to falsifying the logs. In fact, the Court found this witness’ testimony to be the most credible of all the many witnesses.
Plaintiff did sustain an accidental injury to his knee which resulted in an onset of symptoms resulting in unsuccessful surgery and is now totally and permanently disabled within the context of the Workmen’s Compensation Act.
The orthopedist who treated plaintiff and performed the orthopedic surgery, Dr. Drez, stated his opinion that ‘there is a great probability that a traumatic episode was responsible for the conditions I treated him for’.
Plaintiff obviously at first discounted the knee injury as being minor and also obviously exaggerated some of his later symptoms during his testimony. This, however, does not render all of his testimony uncredible. Mrs. Harkins saw the bruised knee shortly after his first hospitalization, showed it to Dan Richardson, and complained because plaintiff would not then call it to the attention of a doctor. The uncontradicted testimony of these two witnesses, taken with the testimony of Dr. Drez, so corroborates plaintiff’s testimony concerning the knee injury that the Court must accept his description of the accidental injury to the knee.

The standard of appellate review in Louisiana is well settled. In Canter v. Koehring [1218]*1218Company, 283 So.2d 716, 724 (La.1973), the Supreme Court stated:

“When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error.”

This standard was further refined in Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978), when the Supreme Court added:

“ ‘Manifestly erroneous’, in its simplest terms, means ‘clearly wrong’. Therefore, the appellate review of facts is not completed by reading so much of the record as will reveal a reasonable factual basis for the finding of the trial court; there must be a further determination that the record establishes that the finding is not clearly wrong.”

Our review of the entire record reveals that the decision of the trial court is not clearly wrong. It is well supported by the record.

The defendants argue that due to plaintiff’s inconsistencies we should apply the doctrine of “falsus in uno, falsus in omnibus” and disregard his testimony. While we recognize the validity of that doctrine in some circumstances, it is harsh and should be applied with caution. Bennett v. U. S. Fidelity & Guaranty Company, 373 So.2d 1362 (La.App. 1st Cir. 1979). There is sufficient corroboration of the existence of the accident and the extent of the plaintiff’s injury to conclude that the trial court was correct in not discrediting the plaintiff’s testimony. As stated, the trial court’s decision is well supported by the record.

The second issue before us is whether the trial court erred in awarding penalties and attorney’s fees. The trial court found that the employer, Continental, had ample information from the plaintiff regarding his injury.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fish v. Commercial Union Assurance Co.
398 So. 2d 148 (Louisiana Court of Appeal, 1981)
DeVillier v. Highlands Ins. Co.
389 So. 2d 1133 (Louisiana Court of Appeal, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
385 So. 2d 1216, 1980 La. App. LEXIS 4126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harkins-v-continental-oil-co-lactapp-1980.