Koertge v. State Farm Fire and Casualty Insurance Company

266 So. 3d 441
CourtLouisiana Court of Appeal
DecidedFebruary 27, 2019
DocketNo. 52,503-CA
StatusPublished

This text of 266 So. 3d 441 (Koertge v. State Farm Fire and Casualty Insurance Company) 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
Koertge v. State Farm Fire and Casualty Insurance Company, 266 So. 3d 441 (La. Ct. App. 2019).

Opinion

STEPHENS, J.

Plaintiff, Donnette Koertge, individually and on behalf of her minor daughter, Lauren Koertge, appeals a judgment in the Twenty-Sixth Judicial District Court, Parish of Bossier, State of Louisiana, awarding damages in favor of Plaintiff and against State Farm Fire & Casualty Insurance Company, The Mane Design, LLC, and Marlaina Free ("Defendants"). For the following reasons, we affirm in part and amend in part the trial court's judgment.

FACTS AND PROCEDURAL HISTORY

This matter arises out of the injury to the minor child, Lauren Koertge, who sustained a third degree chemical burn to the back of her scalp after having her hair highlighted at a salon in Bossier City, Louisiana, on July 21, 2015. She was 14 years old at the time. Lauren's mother, Donnette Koertge, filed a petition for damages on behalf of Lauren, as well as herself, against the stylist, Marlaina Free; the salon, The Mane Design, LLC; and their insurer, State Farm Fire & Casualty Insurance Company. Subsequently, Donnette filed a motion for summary judgment. With regard to the matter of liability, the motion was uncontested by Defendants and granted by the trial court. A bench trial was held on January 8, 2018, on the sole issue of damages. The trial court issued a written opinion on April 24, 2018, and made the following award in favor of Lauren: $ 265,000.00 for pain, suffering, and psychological damages; $ 101,520.16 for past medical expenses; and, $ 10,000.00 for future medical expenses-totaling $ 376,520.16. The trial court declined to award damages to Donnette. Judgment was rendered on May 4, 2108. This appeal by Donnette, individually and on behalf of Lauren, ensued.

DISCUSSION

On appeal, Donnette asserts the trial court erred in failing to (1) award damages for the cost of two future hair follicle transplants instead of one; (2) award damages for future counseling expenses; (3) award bystander and loss of consortium damages to Donnette; and, (4) award adequate general damages.

In all civil cases, the appropriate standard for appellate review of factual determinations is the manifest error-clearly wrong standard, which precludes the setting aside of a trial court's finding of fact unless that finding is clearly wrong in light of the record reviewed in its entirety.

*446Hayes Fund for First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mountain, LLC , 2014-2592 (La. 12/8/15), 193 So.3d 1110 ; Baw v. Paulson , 50,707 (La. App. 2 Cir. 6/29/16), 198 So.3d 186. Thus, a reviewing court may not merely decide if it would have found the facts of the case differently, but rather in reversing a trial court's factual conclusions, the appellate court must satisfy a two-step process based on the record as a whole: there must be no reasonable factual basis for the trial court's conclusion, and the finding must be clearly wrong. Hayes , supra ; Baw , supra . This test requires a reviewing court to do more than simply review the record for some evidence which supports or controverts the trial court's findings, but instead, the court must review the entire record to determine whether the trial court's finding was clearly wrong or manifestly erroneous. Hayes , supra ; Baw , supra .

The issue to be resolved on review is not whether the judge or jury was right or wrong, but whether the factfinder's conclusion was a reasonable one. Rosell v. ESCO , 549 So.2d 840 (La. 1989). Accordingly, an appellate court on review must be cautious not to reweigh the evidence or substitute its own factual findings just because it would have decided the case differently. Id. As stated in Rosell , supra , at 844-5 :

When findings are based on determinations regarding the credibility of witnesses, the manifest error-clearly wrong standard demands great deference to the trier of fact's findings; for only the factfinder can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener's understanding and belief in what is said. Where documents or objective evidence so contradict the witness's story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable factfinder would not credit the witness's story, the court of appeal may well find manifest error or clear wrongness even in a finding purportedly based upon a credibility determination. But where such factors are not present, and a factfinder's finding is based on its decision to credit the testimony of one of two or more witnesses, that finding can virtually never be manifestly erroneous or clearly wrong. (Citations omitted).

One injured through the fault of another is entitled to full indemnification for damages caused thereby. La. C.C. art. 2315. Wainwright v. Fontenot , 2000-0492 (La. 10/17/00), 774 So.2d 70 ; Terry v. Simmons , 51,200 (La. App. 2 Cir. 2/15/17), 215 So.3d 410. Much discretion is left to the judge or jury in its assessment of quantum. La. C.C. art. 2324.1. As a determination of fact, the factfinder's assessment of quantum, or the appropriate amount of damages, is one entitled to great deference on review. Guillory v. Lee , 2009-0075 (La. 6/26/09), 16 So.3d 1104 ; Cooper v. Patra , 51,182 (La. App. 2 Cir. 2/15/17), 215 So.3d 889, writs denied , 2017-0476, 2017-0481 (La. 5/12/17), 219 So.3d 1104 and 219 So.3d 1105. Thus, an award of damages will be overturned only if we find that the award is contrary to the evidence in the record or otherwise constitutes an abuse of the factfinder's discretion. Guillory , supra ; Cooper , supra.

Awards for cost of two hair follicle transplants and future counseling

Donnette asserts in her first two assignments of error that the trial court erred in failing to award the costs of two hair transplants and future counseling expenses. We agree. The recovery of future medical expenses is dependent upon the tort victim establishing the probability of future medical expenses with supporting medical testimony and estimations of their *447probable cost. Menard v. Lafayette Ins. Co. , 2009-1869 (La.

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

Related

Doe Ex Rel. Doe v. Desoto Parish School Bd.
907 So. 2d 275 (Louisiana Court of Appeal, 2005)
Lejeune v. Rayne Branch Hosp.
556 So. 2d 559 (Supreme Court of Louisiana, 1990)
Guillory v. Lee
16 So. 3d 1104 (Supreme Court of Louisiana, 2009)
Menard v. Lafayette Insurance Co.
31 So. 3d 996 (Supreme Court of Louisiana, 2010)
Trahan v. McManus
728 So. 2d 1273 (Supreme Court of Louisiana, 1999)
Wainwright v. Fontenot
774 So. 2d 70 (Supreme Court of Louisiana, 2000)
Rosell v. Esco
549 So. 2d 840 (Supreme Court of Louisiana, 1989)
Green v. K-Mart Corp.
874 So. 2d 838 (Supreme Court of Louisiana, 2004)
LeBlanc v. PYNES
69 So. 3d 1273 (Louisiana Court of Appeal, 2011)
Manno v. Manno
154 So. 3d 655 (Louisiana Court of Appeal, 2014)
Brammer v. Bossier Parish School Board
183 So. 3d 606 (Louisiana Court of Appeal, 2015)
Baw v. Paulson
198 So. 3d 186 (Louisiana Court of Appeal, 2016)
Thomas v. Morris
211 So. 3d 647 (Louisiana Court of Appeal, 2017)
Terry v. Simmons
215 So. 3d 410 (Louisiana Court of Appeal, 2017)
Cooper v. Patra
215 So. 3d 889 (Louisiana Court of Appeal, 2017)
Crowe v. Bio-Medical Application of Louisiana, LLC
219 So. 3d 1105 (Supreme Court of Louisiana, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
266 So. 3d 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koertge-v-state-farm-fire-and-casualty-insurance-company-lactapp-2019.