Harper v. Garcia

739 So. 2d 996, 1999 WL 624148
CourtLouisiana Court of Appeal
DecidedAugust 18, 1999
Docket32,142-CA
StatusPublished
Cited by19 cases

This text of 739 So. 2d 996 (Harper v. Garcia) 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
Harper v. Garcia, 739 So. 2d 996, 1999 WL 624148 (La. Ct. App. 1999).

Opinion

739 So.2d 996 (1999)

Shirley HARPER, et ux., Plaintiffs-Appellants,
v.
Alfred W. GARCIA, et al., Defendants-Appellees.

No. 32,142-CA.

Court of Appeal of Louisiana, Second Circuit.

August 18, 1999.

*999 Hudson, Potts & Bernstein by Charles W. Herold, III, Monroe, Counsel for Appellants.

James R. Herron, Davenport, Files & Kelly, by Mike C. Sanders, Monroe, Counsel for Appellees.

Before NORRIS, C.J., and BROWN, KOSTELKA, JJ.

KOSTELKA, J.

In this personal injury action, Shirley and Hollis Harper ("plaintiffs") appeal the trial court damage award and findings regarding causation and extent of injuries. We affirm.

FACTS

On May 19, 1993, Shirley Harper and her granddaughter traveled east on Highway 80 in Richland Parish, Louisiana, when they crossed a bridge west of Rayville. Simultaneously, Alfred Garcia, traveling west on the same roadway, crossed the bridge in a one-ton truck which pulled an agricultural spraying rig. As the two drivers met, a spray boom arm from the sprayer unfolded into Harper's lane of travel and collided with her vehicle. Harper was transported to and later released from Richardson Medical Center in Rayville after examination for neck pain and lacerations.

Plaintiffs, individually, and on behalf of their minor granddaughter, Misty Crawford, instituted suit against Crowville Grain & Elevator Company,[1] Garcia, Pro-Boll, Inc. (Garcia's employer), and Mutual Services Insurance Company (the insurer of Pro-Boll, Inc.), alleging negligence and praying for damages. After the defendants stipulated liability, the only issues remaining for trial were causation and the extent of injuries and damages.

On September 3, 1998, the trial court rendered judgment in favor of the plaintiffs, awarding $20,000 in general damages for mild-to-moderate aggravation of preexisting degenerative arthritis in the neck and lower back, and minor cuts, bruises and soreness associated with the accident; $3,797 in medical expenses; and, $5,000 to Hollis Harper in consortium damages. The court denied plaintiffs' claim for lost wages and damages related to temporomandibular joint ("TMJ") dislocation. Plaintiffs now devolutively appeal that judgment.

DISCUSSION

Force-of-Impact Testimony

Plaintiffs first argue that the trial court's reliance upon expert testimony regarding the force of impact is legal error which interdicted the fact-finding process and entitles them to de novo review by this court. In the alternative, plaintiffs argue that the trial court committed manifest error in relying on the force-of-impact testimony in determining causation and extent of injuries.

At trial, defendants presented the testimony of Dr. Dale Anderson, an expert in accident reconstruction, with expertise in mechanical engineering. In his reasons for judgment, the trial judge specifically accepted this expert's testimony that the force of the collision was "relatively minor" and considered these findings as a "factor" in determining the causal connection between Harper's injuries and the accident. Consistent with that statement, the court also considered the corroborating testimony of lay witnesses, State Trooper Gary *1000 Beasley, who serviced the scene, Alfred Garcia and the medical testimony regarding the cause and extent of injuries.

The language cited by plaintiffs regarding this court's historical avoidance of the precedent of attempting to measure an injury in direct proportion to the force of a collision was utilized specifically in instances where appellants sought to have this court discredit or attach less weight to medical and lay testimony in favor of the argument that the impact of the subject accident was so slight it could not have caused the complained of injuries. See Simpson v. Caddo Parish School Board, 540 So.2d 997 (La.App. 2d Cir.1989); Boykin v. Washington, 401 So.2d 488 (La.App. 2d Cir.1981); Seegers v. State Farm Mutual Automobile Insurance Co., 188 So.2d 166 (La.App. 2d Cir.1966). The original language was most recently clarified in Starnes v. Caddo Parish School Board, 598 So.2d 472, (La.App. 2d Cir.1992), where this court succinctly refused to use the force of impact "as the determining factor in assessing the severity of the plaintiff's injuries." We read this jurisprudence to support consideration of force-of-impact testimony as a relevant factor in determining causation or extent of injuries, although not as the sole or determinative element. Accordingly, the trial court's ruling, consistent with these precepts, demonstrates neither legal nor manifest error.

Plaintiffs also contend that the trial court committed manifest error in accepting Dr. Anderson's testimony because he was not qualified to show how the force of impact injured Harper and presented unreliable testimony.

It is well settled that the testimony of each witness qualified and accepted as an expert should be given effect if and when it appears to be well grounded from the standpoint of sincerity and common sense. Quinones v. U.S. Fidelity and Guaranty Co., 93-1648 (La.01/14/94), 630 So.2d 1303. The effect and weight to be given an expert's testimony depends upon the validity of the underlying facts relied upon by the expert and rests within the broad discretion of the trial court. Head v. Head, 30,585 (La.App.2d Cir.05/22/98), 714 So.2d 231; Fry v. Southern Pacific Transportation Co., 30,548 (La.App.2d Cir.06/24/98), 715 So.2d 632, writs denied, 98-1986 (La.10/30/98), 727 So.2d 1170, 98-2033 (La.10/30/98), 728 So.2d 387.

Because Anderson's force-of-impact testimony was relevant to the trial court's determination of causation and extent of injuries, we find no merit to plaintiffs' argument that his testimony should not have been considered because he was not qualified to testify how the force of impact injured Harper. Moreover, because the record substantiates the facts upon which Anderson's opinion was based, the trial judge acted within his broad discretion in considering and accepting that testimony. The court's Reasons for Judgment show its understanding of the limited nature of Dr. Anderson's testimony, i.e., that he was qualified to testify only as to the force of the collision and not how that impact injured Harper. Accordingly, the court appropriately exercised its broad discretion in assessing both the credibility and weight to be given this testimony. We detect no manifest error in those determinations.

Causation and Extent of Injuries

Plaintiffs argue that the trial court erred in finding that the accident only aggravated preexisting back and neck arthritis. Particularly, they urge the trial court failed to consider that the record showed Harper to have complained of back pain to Dr. Vernon Baldwin prior to March 10, 1994, and improperly considered Dr. Baer Rambach to have been Harper's treating physician, thereby assigning greater weight to his conclusions than the contrary opinions of Drs. Douglas Brown and Narinder Gupta.

In a personal injury suit, the plaintiff bears the burden of proving a *1001 causal relationship between the accident and any alleged injuries. American Motorist Ins. Co. v. American Rent-All, Inc., 579 So.2d 429 (La.1991); Chambers v. Graybiel, 25,840 (La.App.2d Cir.06/22/94), 639 So.2d 361, writ denied, 94-1948 (La.10/28/94), 644 So.2d 377. Whether the accident caused the plaintiff's injuries is a factual question which should not be reversed on appeal absent manifest error. Id.

Considering Dr.

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Bluebook (online)
739 So. 2d 996, 1999 WL 624148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-garcia-lactapp-1999.