Johnson v. Hamilton Medical Group

921 So. 2d 1183, 2006 La. App. LEXIS 158, 2006 WL 229883
CourtLouisiana Court of Appeal
DecidedFebruary 1, 2006
DocketNo. 05-204
StatusPublished

This text of 921 So. 2d 1183 (Johnson v. Hamilton Medical Group) 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
Johnson v. Hamilton Medical Group, 921 So. 2d 1183, 2006 La. App. LEXIS 158, 2006 WL 229883 (La. Ct. App. 2006).

Opinion

AMY, Judge.

hThe plaintiff filed suit, seeking damages for injuries he allegedly sustained after he fell while trying to alight from a wheelchair. The trial court awarded the plaintiff $50,000.00 in general damages and $18,975.32 in future loss of earning capacity. The plaintiff appeals the amount awarded for his future loss of earning capacity, the assessment of legal interest, the denial of past loss of earning capacity, and the trial court’s determination of the duration of his disability. For the following reasons, we affirm as amended.

Factual and Procedural Background

The record reveals that on July 11, 2002, James Ronald Johnson was admitted to the emergency room at the Medical Center of Southwest Louisiana with severe stomach cramps. He remained in the hospital for further testing. On July 13, 2002, Ronald Martin, a radiologic technologist, went to Mr. Johnson’s hospital room to take him to the radiology lab for testing. After the testing was completed, Mr. Martin helped Mr. Johnson into a wheelchair to return him to his room.

According to Mr. Martin’s testimony, he wheeled Mr. Johnson into his room and brought the chair to a stop. Mr. Johnson testified that when Mr. Martin did not give him any instructions, he “started to get up.” When Mr. Johnson pushed himself up from the wheelchair, it rolled out from under him. Mr. Johnson alleged that he sustained injuries to his upper thigh, left hip, and left buttock. The record indicates that he was diagnosed with piriformis syndrome and possible sciatic nerve injury.

Mr. Johnson filed suit seeking damages for his alleged injuries and naming Hamilton Medical Group as the defendant. After a bench trial, the trial court found that the defendant was responsible for Mr. Johnson’s injury because its employee failed to lock the brakes on the wheelchair after bringing Mr. Johnson back to his | ?room. Mr. Johnson was awarded the following: $12,127.25 in past medical expenses, together with legal interest from date of judicial demand until paid; [1185]*1185$18,975.32 in future lost earning capacity, together with legal interest from date of judgment until paid; and $50,000.00 in general damages, together with legal interest from date of judicial demand until paid. It is from this judgment that Mr. Johnson appeals, designating the following assignments of error:

1. The trial court committed legal error when it failed to assess legal interest on the $18,975.32 award for future loss of earning capacity.
2. The trial court was clearly wrong when it failed to award past loss of earning capacity.
3. The trial court was manifestly erroneous when it awarded $18,975.32 in loss of earning capacity.
4. The trial court was clearly wrong when it concluded that Mr. Johnson would be disabled for a period of 18 months post trial.

Discussion

Legal Interest

In his brief submitted to this court, Mr. Johnson contends that La.R.S. 13:4203 makes no distinction between past and present damages; therefore, legal interest must be assessed on all damage awards. Mr. Johnson argues that the trial court erred when it awarded legal interest on the award for future loss of earning capacity from date of judgment until paid rather than from date of judicial demand until paid.

Louisiana Revised Statutes 13:4203 provides that “[l]egal interest shall attach from date of judicial demand, on all judgments, sounding in damages, ‘ex delicto’, which may be rendered by any of the courts.” Here, the trial court awarded legal interest on the $18,975.32 from date of judgment until paid, not from date of judicial | ¡¡demand. In Edwards v. Daugherty, 03-2103, pp. 36-37 (La.10/1/04), 883 So.2d 932, 955, the Louisiana Supreme Court held:

The language of LSA-R.S. 13:4203 is clear and unambiguous: no distinction is made between judgments sounding in “past damages” and those sounding in “future damages.” The plain language of the statute makes it evident that it applies to “all judgments, sounding in damages....” No exception is made for future damages. Thus, without action from the legislature, we decline to distinguish between past and future damages in the award of legal interest.

Given the above discussion in Edwards applying the wording of La.R.S. 13:4203, we find that the trial court erred in awarding legal interest on the award for future loss of earning capacity from the date of judgment. We amend the judgment to reflect that legal interest from date of judicial demand until paid is awarded on the award for future loss of earning capacity.

Past Loss of Earning Capacity

Mr. Johnson argues that since the trial court found him disabled up to and through the date of trial and that he would continue to be so afflicted for at least another eighteen months after trial, the trial court was required to assess damages for the losses that he suffered between the date of the accident until trial. In other words, Mr. Johnson contends that his award of $18,975.32 for future loss of earning capacity must be accompanied by an award for past loss of earning capacity. Mr. Johnson contends that he is entitled to at least an additional $24,621.931 for the [1186]*1186seventeen months between the date of injury and trial.

The trial court did not compensate Mr. Johnson for past loss of earning capacity. “‘A trial court’s award for loss of earning capacity is reviewed under the |4manifest error standard of review.’ ” Fruge v. Hebert Oilfield Constr., Inc., 03-349, p. 6 (La.App. 3 Cir. 10/1/03), 856 So.2d 100, 105, (quoting Bellard v. S. Cent. Bell Tel. Co., 96-1426, p. 17 (La.App. 3 Cir. 8/27/97), 702 So.2d 695, 705, writ denied, 97-2415 (La.12/12/97), 704 So.2d 1202), writ denied, 03-2997 (La.1/30/04), 865 So.2d 77.

According to Mr. Johnson’s testimony, before the accident, he was involved in every aspect of his business, Johnson’s Fresh Pork Sausage. Mr. Johnson explained that he “made the sausage [and] mix[ed his] own seasoning.” He delivered sausage to vendors both in and out of state. He also conducted in-store demonstrations, in which he would cook the sausage and hand out samples to customers.

Mr. Johnson testified that after his accident, the company’s sales decreased significantly. When asked to compare sales before and after his accident, Mr. Johnson stated, “Oh, my best year was $320,000. Last year it was less than $100,000.” According to the calculations of Dr. Douglas Womack, an expert in the field of economics, in the year after the fall, Mr. Johnson suffered a tax loss of $61,881.00. Mr. Johnson attributed his decrease in sales to his inability to conduct in-store demonstrations due to his physical limitations. Mr. Johnson remarked, “I had to hire a girl to do demos. She can’t sell it like I can, but she does her best.”

In Jones v. Harris, 04-965, p. 17 (La.App. 4 Cir. 2/2/05), 896 So.2d 237, 248, the court held that “an analysis of an award for past wages of a salaried employee is generally a straightforward mathematical calculation.” In this instance, the necessary calculation was not as straightforward, as Mr. Johnson is not an employee of the business and does not draw a regular salary. Dr. Womack testified that he did not |,<;know what Mr. Johnson’s annual earnings were for the past five years.

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856 So. 2d 100 (Louisiana Court of Appeal, 2003)
Edwards v. Daugherty
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Bluebook (online)
921 So. 2d 1183, 2006 La. App. LEXIS 158, 2006 WL 229883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-hamilton-medical-group-lactapp-2006.