Marshall v. Caddo Parish School Bd.

743 So. 2d 943, 1999 WL 980689
CourtLouisiana Court of Appeal
DecidedOctober 29, 1999
Docket32,373-CA
StatusPublished
Cited by13 cases

This text of 743 So. 2d 943 (Marshall v. Caddo Parish School Bd.) 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
Marshall v. Caddo Parish School Bd., 743 So. 2d 943, 1999 WL 980689 (La. Ct. App. 1999).

Opinion

743 So.2d 943 (1999)

Angela MARSHALL, Individually and as natural tutrix of the minor child, Jaravis Jamall Marshall, Plaintiff-Appellee,
v.
CADDO PARISH SCHOOL BOARD, Defendant-Appellant.

No. 32,373-CA.

Court of Appeal of Louisiana, Second Circuit.

October 29, 1999.

*944 Beard & Sutherland by Fred H. Sutherland, Shreveport, Counsel for Defendant-Appellant.

Peters, Ward, Bright & Hennessy by J. Patrick Hennessy, Shreveport, Counsel for Plaintiff-Appellee.

*945 Before NORRIS, C.J., and CARAWAY and DREW, JJ.

NORRIS, Chief Judge.

Caddo Parish School Board appeals an award of $6,000 in general damages to a four-year-old special education student injured when his school bus struck another car. We affirm the judgment and the quantum.

Facts

Javaris Jamall Marshall was born with spinabifida and hydrocephalus. Spinabifida is a birth defect of the spine that, in Javaris's case, rendered him unable to walk due to paralysis of the lower extremities. Hydrocephalus is an increase of inter-cranial pressure due to accumulation of cerebral spinal fluid; Javaris has a VP shunt implanted into his body from his head to his stomach to drain the fluids into his stomach, relieving pressure and creating a normal pressure situation in the cranium. Due to Javaris's disability, the Caddo Parish School Board provides transportation to and from school by way of a special education bus which is equipped with a wheelchair.

According to Javaris's mother, Angela Marshall, on the morning of March 24, 1997, she carried him to the bus and transferred him to Peggy Nix, a bus aide. Ms. Nix testified that she placed Javaris into the wheelchair and secured him across the legs with a lap belt. Notably, the wheelchair did not have a shoulder harness or other straps to secure his upper torso. After Javaris was placed in the wheelchair, Harold Moss, the bus driver, started to back up the bus when he felt it hit something. He asked Ms. Nix if he had hit anything, and she informed him that he had backed up into a car. Upon inspecting the car, Mr. Moss discovered that the car he had hit belonged to Ms. Marshall. When he went to tell her he had hit her car, Ms. Marshall stated that she needed a police statement because the car actually belonged to her father. Ms. Marshall then went outside to inspect the car and to find out if Javaris was injured. Ms. Marshall testified that she went on the bus and inquired about Javaris's condition. Ms. Marshall stated that Javaris, who is verbal, did not say anything to her, but according to Ms. Nix, he was not injured. Ms. Marshall decided, based on the fact that Javaris was not currently complaining and Ms. Nix's assurances, to allow him to go to school.

Corporal Bobby E. Wilbert, a City of Shreveport police officer, arrived at the scene. He testified that when he entered the bus and asked if anyone was injured, Mr. Moss assured him that no one was injured. Officer Wilbert stated that he never asked Javaris if he was injured, instead relying on Mr. Moss's assurances and the fact that Javaris was not crying. Upon the completion of Officer Wilbert's investigation, Mr. Moss took Javaris to school.

Ms. Marshall testified that upon his return from school, Javaris had a bruise on his forehead and he was complaining that his eyes and head hurt. Notably, Ms. Marshall testified that Javaris did not have a knot on his head that morning when she handed him to Ms. Nix. Javaris's grandfather, Albert Lyles, Jr. testified that later in the day when he came over to check on his grandson and his car, Javaris complained to him about his head and back hurting. Additionally, Mr. Lyles noticed a bruise on Javaris's head which had not been there the day before. Due to concern over the obvious bruising, Ms. Marshall took Javaris to Bossier Medical Center (BMC) where he was seen in the emergency room by Dr. William Dennis. Dr. Dennis testified that Javaris had a minor head contusion. Thereafter, Javaris continued to complain to his mother and grandfather that his back and head hurt. On April 28, 1998, Ms. Marshall took Javaris to LSU Medical Center with concerns that his VP shunt had been dislodged in the accident. LSU Medical Center determined that Javaris's shunt was still in place; however, Javaris's complaints *946 about his back and head did not lessen. Ms. Marshall then took Javaris to Thomas Johnson, a chiropractor, who determined that the accident resulted in an exacerbation of a pre-existing condition. He diagnosed Javaris with acute traumatic lumbar sprain/strain resulting in pain and muscle spasms secondary to a motor vehicle accident. Dr. Johnson proceeded to treat Javaris for his injuries during nine appointments over a two month period.

Ms. Marshall, individually and in her capacity as Javaris's tutrix, filed suit against Caddo Parish School Board for the injuries Javaris suffered as a result of the accident. The trial court found Caddo Parish School Board liable for Javaris's injuries as the result of Mr. Moss negligently backing into a parked car. The court then awarded special damages in the amount of $1,066 to Chiro-Plus, $674 to LSU and $179.90 to BMC, and general damages in the amount of $6,000. Caddo Parish School Board appeals both the judgment and the quantum.

Law and Analysis

Caddo Parish School Board argues that the trial court committed error in finding that Javaris suffered personal injury as a result of the accident. Although there is no discussion of causation in the reasons for judgment, it is apparent from the court's award of damages that it implicitly found Javaris's injuries were caused by the school bus accident. See Brown v. Diversified Hospitality Group, Inc., 96-0413 (La.App. 4th Cir.4/30/97), 694 So.2d 520, writ denied 97-1372 (La.9/5/97), 700 So.2d 514; Sigler v. LSU, 614 So.2d 743 (La.App. 2d Cir.), writ denied 618 So.2d 411 (1993).

A trial court's factual findings are accorded great weight and may not be disturbed by a reviewing court in the absence of manifest error. Rosell v. ESCO, 549 So.2d 840 (La.1989); Rodgers v. Brookshire Grocery Co., 29,920 (La.App.2d Cir.10/29/97), 702 So.2d 11; Davis v. Wal-Mart Stores, Inc., 31,542 (La.App.2d Cir. 1/22/99), 726 So.2d 1101. Furthermore, it is the factfinder's duty to weigh credibility and to accept or reject all or part of a witness's testimony. Welch v. Winn-Dixie Louisiana, Inc., 94-2331 (La.05/22/95), 655 So.2d 309; Davis v. Wal-Mart Stores, Inc., supra. As such, where there is a conflict in the testimony, reasonable evaluations of credibility should not be disturbed on appeal. Rosell, supra; Davis v. Wal-Mart Stores, Inc., supra. Where there are two permissible views of the evidence, the factfinder's choice cannot be manifestly erroneous or clearly wrong. Stobart v. State, 617 So.2d 880 (La.1993); Davis v. Wal-Mart Stores, Inc., supra.

The defendant takes the victim as he finds him and is responsible for all the natural and probable consequences of his tortious conduct. Wilson v. National Union Fire Ins. Co. of La., 27,702 (La. App.2d Cir.12/6/95), 665 So.2d 1252; Bade v. Wade, 607 So.2d 927 (La.App. 2d Cir. 1992). Further, when a defendant's tortious conduct aggravates a pre-existing condition, the defendant must compensate the victim for the full extent of the aggravation. Id.

The plaintiff bears the burden of proof regarding the causal relationship between the accident and the injuries complained of. Juneau v. Strawmyer, 94-0903 (La.App. 4th Cir.12/15/94), 647 So.2d 1294.

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

Related

Arc Industries, L.L.C. v. William H. Nungesser
Louisiana Court of Appeal, 2018
Ashby v. Casey
111 So. 3d 1113 (Louisiana Court of Appeal, 2013)
State, Department of Transportation & Development v. Biscomb
94 So. 3d 193 (Louisiana Court of Appeal, 2012)
Lawrence v. City of Shreveport
948 So. 2d 1179 (Louisiana Court of Appeal, 2007)
SCENICLAND CONST. v. St. Francis Med. Ctr.
936 So. 2d 247 (Louisiana Court of Appeal, 2006)
Turner v. Watson
912 So. 2d 391 (Louisiana Court of Appeal, 2005)
Kovac v. Spraymax, Inc.
911 So. 2d 934 (Louisiana Court of Appeal, 2005)
Corder v. Lively
907 So. 2d 824 (Louisiana Court of Appeal, 2005)
McElroy v. Wilhite
903 So. 2d 627 (Louisiana Court of Appeal, 2005)
Solito v. Horseshoe Entertainment
834 So. 2d 610 (Louisiana Court of Appeal, 2002)
Collins v. Shelter Mut. Ins. Co.
833 So. 2d 1166 (Louisiana Court of Appeal, 2002)
Hairston v. Burger King Corp.
764 So. 2d 176 (Louisiana Court of Appeal, 2000)
O'GLEE v. Whitlow
756 So. 2d 1288 (Louisiana Court of Appeal, 2000)
George v. Allstate Ins. Co.
758 So. 2d 373 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
743 So. 2d 943, 1999 WL 980689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-caddo-parish-school-bd-lactapp-1999.