Maxwell v. Board of Trustees

692 So. 2d 641, 1997 WL 121002
CourtLouisiana Court of Appeal
DecidedMarch 19, 1997
Docket96-1207
StatusPublished
Cited by14 cases

This text of 692 So. 2d 641 (Maxwell v. Board of Trustees) 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
Maxwell v. Board of Trustees, 692 So. 2d 641, 1997 WL 121002 (La. Ct. App. 1997).

Opinion

692 So.2d 641 (1997)

Sharon W. MAXWELL, et vir., Plaintiffs-Appellees,
v.
BOARD OF TRUSTEES FOR STATE COLLEGES & UNIVERSITIES, Defendant-Appellant.

No. 96-1207.

Court of Appeal of Louisiana, Third Circuit.

March 19, 1997.
Writ Denied June 13, 1997.

*642 Joe Payne Williams, Natchitoches, for Sharon M. Maxwell, et vir.

Henry M. Bernstein, Shreveport, for Board of Trustees for State Colleges & Universities

Before DECUIR, AMY and SULLIVAN, JJ.

AMY, Judge.

Plaintiff filed suit against the defendant alleging that she was injured after a fall caused by an allegedly hazardous condition on the campus of Northwestern State University. The trial court found in favor of the plaintiff. The defendant, Board of Trustees for State Colleges and Universities, now appeals. We reverse and enter judgment for the defendant.

DISCUSSION OF THE RECORD

This case arises from an accident which occurred on July 2, 1993 at Northwestern State University. The record reveals that the plaintiff, Sharon W. Maxwell, was employed as a teacher by the Rapides Parish School Board and was attending classes at the university in order to become certified in administration. The plaintiff indicated at trial that she had the career goal of becoming a school principal. On the date of the accident, the plaintiff had attended a class in the university's Teacher Education Building.

The plaintiff testified that she exited the building and proceeded to her vehicle to wait on two other students who had ridden with her to class. The plaintiff further testified that as she exited the building and proceeded down the outside stairs, she could not go straight to the parking lot because cars were parked immediately in front of the walkway *643 leading to the lot.[1] With regard to the accident that followed, the plaintiff testified:

I did not realize that I was off of the sidewalk until I lost my balance. And I stepped off, I guess, with.... I think it was with my right foot; then, I realized I had lost my balance and I was trying to keep my balance and not fall totally down. And I moved my books over to this arm and I remember the way I wound up was that I was holding onto the hood of the vehicle in front of me.

The plaintiff further testified that, following this accident, she "immediately felt a sharp pain," but thought for a week afterwards that she had "just pulled a muscle." She stated that she began to see a chiropractor because "it was just something that would be an adjustment...."

The record reflects that the plaintiff was able to finish the summer session of school she was attending at the university and begin the next session, but that the pain progressively worsened and she finally had to withdraw from school. She sought the help of Dr. Michael Buck, a family practitioner. Dr. Buck's report of the plaintiff's July 26, 1993 visit indicates that the plaintiff complained of "pain in the buttock area and into the back of the leg." The plaintiff testified that after a CAT scan was taken, she began receiving treatment from Dr. John Patton, a neurosurgeon. Dr. Patton testified by deposition that he reviewed the CAT scan taken by Dr. Buck and found that she had "an extruded disc fragment on the right side." He then stated that she was admitted to the hospital and that he performed surgery on the disc on August 19, 1993.

The plaintiff's testimony reflects that, following the surgery, she could no longer engage in the tasks she had once performed. She stated that she could no longer garden, care for her home, or cook as regularly as before. She also testified that she could no longer shop with her mother as she previously had and that her involvement in her church activities had decreased. Finally, the plaintiff testified that, after the surgery, she could not return to her teaching position as she had planned. She stated that following two semesters of sabbatical leave from her job, she applied for medical disability. She testified that she could not handle a classroom position and that she could not return to her job because she did not feel that she would be reliable.

The plaintiff filed suit against the defendant, the Board of Trustees for State Colleges and Universities, for the injuries she allegedly sustained as a result of the fall. The plaintiff alleged that the university was in the defendant's control, that the sidewalk in front of the Teacher Education Building "was defective due to the severe dropoff adjacent to the sidewalk and that it was unreasonably dangerous to normal use[,]" that the defendant had knowledge of the condition, and that the plaintiff was injured as a result of that condition. Along with the damages sought by the plaintiff, her husband, Gary Maxwell, sought damages for loss of consortium.

Following a February 1996 trial, the trial court found in favor of the plaintiff. In the reasons for ruling, the trial court found that the plaintiff's injury resulted from the condition of the area around the sidewalk where the accident occurred. In particular, the trial court found that marble chips had been removed from the area between the sidewalk and the curb creating the three to five inch change in elevation and "was in direct contravention of the plans and specification set out in the blueprints ..." for the building, and that the purpose of the chips had been to "prevent the exact kind of accident that befell Mrs. Maxwell." The trial court awarded the plaintiff a total of $999,942.54. The judgment reflects that $185,000.00 was awarded for general damages, $16,611.54 for medical expenses, $87,662.00 for lost wages through the date of trial, $361,978.00 for loss of earning capacity, and $290,494.00 for loss of future retirement benefits. In calculating *644 the plaintiff's lost wages, earning capacity, and retirement benefits, the trial court followed the plaintiff's expert who assumed that the plaintiff would have been promoted to principal and arrived at his estimate by considering a principal's salary. The trial court did, however, reduce the estimate slightly after finding that the plaintiff would probably have first served as an assistant principal for two years. Additionally, the trial court awarded $58,197.00 for loss of non-market household services which reimbursed the plaintiff for the help she obtained for tasks she could no longer perform. The trial court also awarded $35,000.00 to the plaintiff's husband for loss of consortium.

The defendants filed this appeal and assert the following as error: 1) The trial court erred in finding the defendant's premises unreasonably dangerous; and 2) The trial court erred in calculating the amount awarded for loss of wages from the date of injury through trial, loss of future earnings and earning capacity, and net loss of future retirement benefits.

LAW

Liability

The defendant does not dispute that the sidewalk area which caused the plaintiff's injury was within its custody nor that the accident caused the plaintiff's injury. The defendant instead argues that "[t]he central question is whether it was defective in the condition in which Sharon Maxwell encountered it and whether she was contributorily negligent in not watching where she was walking." The defendant maintains that the plaintiff had repeatedly walked past the sidewalk area, that the edge of the sidewalk was clearly distinguishable, and that the plaintiff was walking at an angle and off the sidewalk when she stumbled from the sidewalk.

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Bluebook (online)
692 So. 2d 641, 1997 WL 121002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxwell-v-board-of-trustees-lactapp-1997.