Leal v. Dubois

756 So. 2d 684, 2000 WL 349007
CourtLouisiana Court of Appeal
DecidedApril 5, 2000
Docket99-957
StatusPublished
Cited by3 cases

This text of 756 So. 2d 684 (Leal v. Dubois) 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
Leal v. Dubois, 756 So. 2d 684, 2000 WL 349007 (La. Ct. App. 2000).

Opinion

756 So.2d 684 (2000)

Diana H. LEAL
v.
Shelton DUBOIS and Allstate Insurance Company.

No. 99-957.

Court of Appeal of Louisiana, Third Circuit.

April 5, 2000.

*687 B. Todd Soileau, Kenneth D. St. Pé, Paul J. Guilliot, Guilliot & St. Pé, Lafayette, LA, Counsel for Plaintiff/Appellant, Diana H. Leal.

David R. Rabalais, L. Lane Roy, Preis, Kraft & Roy, Lafayette, LA, Counsel for Defendants/Appellees, Allstate Insurance Company and Shelton Dubois.

Court composed of Judge HENRY L. YELVERTON, Judge ULYSSES GENE THIBODEAUX, Judge JOHN D. SAUNDERS, Judge JIMMIE C. PETERS and Judge MARC T. AMY.

THIBODEAUX, Judge.

Diane Leal's automobile was struck by a hay baler being pulled by a truck driven by Shelton Dubois. Following the accident, she sought medical treatment for various injuries allegedly sustained in the accident, including neck, shoulder and back pain. She settled her property damage claim with Mr. Dubois' insurer, Allstate Insurance Company (hereinafter "Allstate"). She subsequently filed suit for damages. The trial court found that Shelton Dubois was at fault in causing the accident but that Mrs. Leal had not met her burden of proving by a preponderance of the evidence that she sustained personal injuries as a result of the accident. We find that the evidence clearly indicates that Mrs. Leal was injured as a result of the accident. Accordingly, we affirm the trial court's finding of liability against Mr. Dubois and Allstate. We reverse the trial court's determination that Mrs. Leal did not sustain personal injuries as a result of the accident and award damages of $53,922.66.

I.

ISSUE

The sole issue on appeal is whether the trial court erred in finding that the plaintiff, Diane Leal, was not injured as a result of the September 14, 1996 accident.

II.

FACTS

On September 14, 1996, while traveling east on Dugas Road in Lafayette Parish, Mrs. Leal's automobile was struck by a hay baler being pulled in the opposite direction by a truck driven by Mr. Dubois. Prongs from the hay baler raked across Mrs. Leal's vehicle and grabbed her arm through an open window. A Lafayette Parish Sheriff's Deputy, Ricky Hebert, investigated the accident at the scene.

Two days after the accident, Mrs. Leal sought medical treatment at University Medical Center, essentially complaining of neck, shoulder and back pain. She continued to seek medical assistance and treatment from a variety of physicians until trial.

Mrs. Leal settled her property damage claim with Mr. Dubois' insurer, Allstate, for $1,509.74 in May 1997. At trial, Mrs. Leal introduced evidence of the positions of the vehicles at the time of the accident. Deputy Hebert and an eyewitness, Kent Moreau, testified as to events at the scene. Ample medical evidence was introduced to buttress Mrs. Leal's claims of injury. Following a trial on the merits, the trial court determined that the hay baler collided with Mrs. Leal's vehicle causing exterior damage to her car. The trial court rejected Mrs. Leal's claim that the prongs of the baler damaged the interior of her car. The trial court further concluded that Mrs. Leal failed to prove by a preponderance of *688 the evidence that she sustained any personal injuries as a result of the accident. Mrs. Leal brought this appeal.

III.

LAW AND DISCUSSION

Standard of Review

An appellate court may not set aside a trial court's finding of fact absent "manifest error" or unless it is "clearly wrong." Rosell v. ESCO, 549 So.2d 840 (La.1989). The appellate court reviews the record in its entirety to determine whether the trial court's findings are reasonable. Id. A fact finder's selection between permissible views of the evidence cannot be manifestly erroneous. Watson v. State Farm Fire & Casualty Ins. Co., 469 So.2d 967 (La.1985). Although trial court findings are accorded great deference, appellate courts have a duty to ascertain whether those findings are justified by the record. Mart v. Hill, 505 So.2d 1120 (La. 1987). If an appellate court concludes that the trial court's factual findings are clearly wrong, the mere fact that some evidence in the record supports the finding does not require the court to affirm. Id.

However, appellate courts afford less deference to a trial court's findings when the lower court fails to articulate the theory or evidentiary basis for its conclusions. "Although we may accord deference to a decision of less than ideal clarity if the trial court's path may reasonably be discerned, such as when its findings, reasons and exercise of discretion are necessarily and clearly implied by the record, we will not supply a finding from the evidence or a reasoned basis for the trial court's decision that it has not found or that is not implied." Bloxom v. Bloxom, 512 So.2d 839, 843 (La.1987); LeBlanc v. Acadian Ambulance Svc., Inc., 99-271 (La. App. 3 Cir. 10/13/99); 746 So.2d 665.

Causation

The Louisiana Supreme Court articulated the burden of proof in establishing the source of an injury:

In a personal injury suit, plaintiff bears the burden of proving a causal relationship between the injury sustained and the accident which caused the injury. Plaintiff must prove causation by a preponderance of the evidence. The test for determining the causal relationship between the accident and subsequent injury is whether the plaintiff proved through medical testimony that it is more probable than not that the subsequent injuries were caused by the accident.

Maranto v. Goodyear Tire & Rubber Co., 94-2603, 94-2615, p. 3 (La.2/20/95); 650 So.2d 757, 759 (citations omitted); Breaux v. Maturin, 619 So.2d 174 (La.App. 3 Cir. 1993); Johnson v. Manuel, 95-913 (La. App. 3 Cir. 1/31/96); 670 So.2d 273, writ denied, 96-540 (La.4/19/96); 671 So.2d 919. The plaintiff is aided in meeting this burden by a presumption of causation:

A claimant's disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition.

Lucas v. Insurance Co. of North America, 342 So.2d 591, 596 (La.1977); Housley v. Cerise, 579 So.2d 973, 980 (La.1991); Breaux, supra; Johnson, supra.

In order to defeat the presumption of causation, the defendant must show that some other particular incident could have caused the injury in question. Maranto, 650 So.2d at 761.

We first consider whether Mrs. Leal met her burden of proving that the accident caused her injuries. At trial, Mrs. *689 Leal introduced evidence of her health prior to the accident, evidence of the accident, expert medical testimony, and evidence of the temporal relationship between the accident and her injuries. Because the trial court did not explain its reasons for not attributing Mrs. Leal's injuries to the accident, we must consider whether the record supports a finding of causation.

The evidence at trial established that Mrs. Leal was in good health prior to the accident. She testified that in 1982 she had suffered neck pain caused by minor whiplash but that the pain had ceased after four months.

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Cite This Page — Counsel Stack

Bluebook (online)
756 So. 2d 684, 2000 WL 349007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leal-v-dubois-lactapp-2000.