LeBlanc v. Stevenson

756 So. 2d 356, 1999 WL 1259555
CourtLouisiana Court of Appeal
DecidedMarch 24, 2000
Docket99-885
StatusPublished
Cited by5 cases

This text of 756 So. 2d 356 (LeBlanc v. Stevenson) 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
LeBlanc v. Stevenson, 756 So. 2d 356, 1999 WL 1259555 (La. Ct. App. 2000).

Opinion

756 So.2d 356 (1999)

Rayford J. LeBLANC, II
v.
William STEVENSON, III and Audubon Indemnity Company.

No. 99-885.

Court of Appeal of Louisiana, Third Circuit.

December 22, 1999.
Writ Granted March 24, 2000.

*358 Lamont P. Domingue, Lafayette, LA, for Rayford J. LeBlanc, II.

Patrick A. Juneau, Jr., Lafayette, LA, for William Stevenson, III, et al.

*359 BEFORE: YELVERTON, THIBODEAUX, AND SULLIVAN, Judges.

THIBODEAUX, Judge.

Rayford J., LeBlanc, II, plaintiff, appeals the trial court's judgment, entered pursuant to a jury verdict, which absolved the defendant, William Stevenson, III, of any liability in causing the amputation of the majority of plaintiffs left index finger and, thus, not awarding any amount for general damages, past and future medical expenses, and past and future lost income.

We reverse the trial court's judgment that the defendant, William Stevenson, III, was not negligent in causing the plaintiffs injury. We conclude that William Stevenson, III was sixty percent at fault and Rayford LeBlanc, II was forty percent at fault in causing the injury to Rayford LeBlanc, II and assess total damages of $482,053.

I.

ISSUES

We shall consider:

1. whether the trial court erred in finding the traumatic amputation of the majority of Rayford LeBlanc's left index finger was not caused by the negligence or fault of William Stevenson, III;
2. whether Rayford LeBlanc was comparatively negligent; and,
3. the extent of damages to Rayford LeBlanc.

II.

FACTS

It is undisputed that on December 21, 1995, the plaintiff, Rayford LeBlanc, II, (hereinafter, "LeBlanc") sustained traumatic amputation of his left index finger as a result of an accident at his home in Lafayette Parish. At the time of the accident, LeBlanc was a thirty-seven-year old carpenter.

The day before the accident, LeBlanc parked his truck in the yard next to his two-car carport. Unfortunately, it rained and the ground became muddy. The truck became stuck and was immobile. On the day of the accident, LeBlanc contacted Wade Hoyt, who was qualified to dislodge the truck, to help him get his truck out of the mud; however, Mr. Hoyt could not help. Mr. Hoyt recommended that LeBlanc leave the truck alone until the mud dried. LeBlanc followed that advice.

Later that day, LeBlanc saw the defendant, William Stevenson, III, a family friend, (hereinafter, "Stevenson"). Stevenson made an offer to use his four-wheel drive Suburban to help pull LeBlanc's truck out of the mud. LeBlanc declined the offer because he was waiting for the mud to dry. After the mud dried, LeBlanc tried to contact Mr. Hoyt, but he was unable to talk to him. This was the last attempt made by LeBlanc to contact Wade Hoyt. LeBlanc and Stevenson happened to see each other later that day. At that time, Stevenson again offered his help after his buddy expressed a need for his truck the next morning. This time, LeBlanc accepted the offer. Neither man had any devices to remove the truck from the mud, so LeBlanc went to a hardware store and purchased a Tug-Em strap.

When Stevenson arrived at LeBlanc's home, he backed his truck, in line with LeBlanc's truck. LeBlanc hooked one end of the device to the frame of his truck, and Stevenson fastened the other end of the strap to his trailer hitch. The men then decided LeBlanc would get into his truck and start it and then Stevenson would try to pull him out. Before entering their respective trucks, LeBlanc told Stevenson he would signal him when it was clear to move the Suburban.

On the first attempt, the Tug-Em strap unhooked from LeBlanc's truck because the Suburban moved forward before Le-Blanc put his truck in gear. After realizing the Tug-Em strap was too short to *360 adequately pull the stranded truck, the men found a binding strap used to bind sheetrock and pipes to aid in the tugging of the truck. The binding strap was used in addition to the Tug-Em strap. Before each man reentered his vehicle, LeBlanc again stated he would give a signal to Stevenson to move his Suburban. The attempted tow was again unsuccessful. The hook from the Tug-Em strap tore through the binding strap just as LeBlanc's truck came out of the furrow. It was then decided the two pieces of the binding strap and the Tug-Em strap would be tied together.

As LeBlanc was tying the straps together, Stevenson walked away, got into his Suburban and took off. Stevenson contends he only moved the Suburban to realign it with the immobile truck. As the Suburban moved forward, the knot of the straps tightened around LeBlanc's hand. LeBlanc was tugged backwards and, as he yelled for Stevenson to stop, he heard a "loud pop."

The first joint of LeBlanc's left index finger had been pulled off. The flesh, muscles and other tissue were torn from the finger down below the second knuckle. LeBlanc's wife, Johanna, who had been watching the entire tugging attempt with the LeBlanc's four year old son, Forrest, and Forrest's playmate, rushed outside when she heard her husband shrieking for help. She saw the remaining bone in her husband's finger which had been exposed after the accident. She wrapped a large towel around his injured hand. Stevenson rushed his friend to Lafayette General Medical Center.

Dr. John Schutte was on call the afternoon of the traumatic amputation. When the doctor arrived and examined the plaintiff's finger, he quickly wanted to admit LeBlanc into the hospital in order to perform surgery. However, LeBlanc asked to be treated in the emergency room because his son's birthday was the next day. Dr. Schutte complied and proceeded to cut the bone in order to stitch the remaining skin over it. The plaintiff was released from the emergency room on the same evening.

LeBlanc testified the days following the incident were extremely painful for him. The pain medication was not helpful in alleviating the pain. According to him, "They didn't have nowhere near enough stuff." LeBlanc experienced intense "shocking" sensations in his stump. This intense "shocking" continued for approximately one year. LeBlanc participated in various physical therapy exercises. These exercises provided minimal relief. The only method of easing the pain was to numb his hand by packing it in ice. The "shocking" decreased only after Dr. Darrell Henderson, a plastic surgeon, cut more of the bone and several nerves.

LeBlanc continued to feel the shocking sensations when he bumped the stump. Problems with his stump and his hand interfered with his work. Dr. Henderson recommended another surgery which could possibly eliminate the shocking sensations and would provide a better quality of life for LeBlanc.

III.

LAW AND DISCUSSION

Unless there is a manifest error or a clearly wrong finding of fact or clearly wrong judgment by a factfinder, a court of appeal may not set aside that finding or judgment. Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989). The appellate court must determine whether the factfinder's conclusion was a reasonable one after reviewing the record in its entirety, not whether the trier of fact was right or wrong. Mart v. Hill, 505 So.2d 1120 (La.1987); Rosell, 549 So.2d 840; Stobart, 617 So.2d 880.

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Cite This Page — Counsel Stack

Bluebook (online)
756 So. 2d 356, 1999 WL 1259555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leblanc-v-stevenson-lactapp-2000.