Mier v. Martin

755 So. 2d 958, 99 La.App. 3 Cir. 989, 1999 La. App. LEXIS 3686, 1999 WL 1259635
CourtLouisiana Court of Appeal
DecidedDecember 22, 1999
DocketNo. 99-989
StatusPublished
Cited by1 cases

This text of 755 So. 2d 958 (Mier v. Martin) 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
Mier v. Martin, 755 So. 2d 958, 99 La.App. 3 Cir. 989, 1999 La. App. LEXIS 3686, 1999 WL 1259635 (La. Ct. App. 1999).

Opinion

|¶ COOKS, Judge.

Thomas Mier was traveling on East Main Street in New Iberia, Louisiana at the time his pick-up truck was hit by a vehicle operated by Dr. Robert Martin. Martin alleged Mier was operating his vehicle at night without lights; and thus, he should share fault for causing the accident. The trial court disagreed, allocating 100% fault to Martin. This appeal followed.

FACTS

On October 5,1996, Thomas Mier was traveling west on East Main Street. Simultaneously, Dr. Robert Martin was traveling north on Haik Memorial Drive at its intersection with East Main Street. The intersection is controlled by a stop sign facing traffic on Haik Memorial. Martin claimed he stopped at the sign, then proceeded with caution. As he crossed East Main, intending to enter Iberia General Hospital’s parking lot, his vehicle struck the side of Mier’s pick-up truck.

Dr. Martin was not injured, but Mier was taken by ambulance to a hospital in |2New Iberia for emergency care.1 Thereafter, he sought treatment for back and shoulder pain. All tests were within normal limits, except his physicians noted he had tenderness in his back and shoulder. They prescribed over-the-counter medications for pain and concluded Mier probably sustained a soft tissue injury, which they expected to heal ip about six months.

To dispute Mier’s medical claim, Martin attempted to introduce a surveillance tape of Mier’s physical activity after the accident. Supposedly, the video tape contained footage of Mier from December 3, 1996 through February 12, 1997 “getting around” normally, without evidence of any injury. Mier objected to the video asserting Martin failed to produce it timely pursuant to discovery requests. The trial court agreed and refused to admit it.

At the close of trial, the judge concluded the evidence and testimony favored Mier. In his written reasons for judgment, the judge assessed 100% fault to Martin, awarding Mier $15,000.00 for general damages, $6,550.00 for lost wages, and medical expenses in the amount of $11,731.36.

Dr. Martin contends the trial court erred in assessing him with 100% fault for causing the accident. Martin also disputes the trial court’s medical and past wage awards on grounds of excessiveness and he insists the trial court inappropriately included finance charges in its calculation of damages. Finally, he assigns error to the trial court’s refusal to admit the surveillance tape as evidence.

It is well settled that an appellate court owes deference to a trial court’s findings. Absent manifest error on the part of the trial court, the reviewing court shall not set aside its findings. Rosell v. ESCO, 549 So.2d 840 (La.1989). We have [3carefully considered the issues presented before us and affirm the trial court’s judgment, except that portion awarding finance charges as an element of damages.

ALLOCATION OF FAULT

The record reflects this accident occurred just prior'to 7:00 p.m. On cross examination, Martin testified if the accident had not occurred, he would have had enough time to get to the hospital, park his car, and begin work for 7:00 p.m. Theresa Dugas, another driver on the road that night, testified Mier was operating his vehicle without its headlights turned on. She also testified Mier was in the right lane at the time of the crash. However, both Martin and Mier testified Mier was in the left lane. Dugas also claimed it was [961]*961raining very hard at the time of the accident. Yet Martin, Mier and the accident report indicated the road was dry. Even more stunning, Dugas testified although it was raining very hard, her passenger window was down and she heard another driver on the side of Mier’s vehicle shouting to him “turn your lights on.” Mier testified his headlights were illuminated at the time of the accident.

Martin claimed he never saw Mier’s white truck until he hit it. But, Mier’s truck was green. Martin at one point testified Mier’s lights were off, but he must have turned them on immediately after the accident. On cross-examination, Martin admitted he did not actually see Mier turn the lights on, “he just knew they came on.” Martin, however, never reported his observations to the policeman who investigated the scene.

In Rosell v. ESCO, 549 So.2d 840, 844 (La.1989), our State Supreme Court instructed:

Where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Specifically, when a trial court’s 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 |4aware of the variations in demeanor and tone of voice that bear so heavily on the listener’s- understanding and belief in what is said.

Since there are two permissible views of the accident, we find the trial judge was not manifestly erroneous in accepting Mier’s version of the accident and finding Martin 100% at fault.

MEDICAL SPECIAL DAMAGES

Mier was awarded special damages for medicals in the amount of $11,731.36. Martin asserts this award was excessive, alleging it was not supported by sufficient proof. Specifically, Martin contests the trial court’s award of $1,305.00 in past medical expenses for treatment Mier alleges he received at the Lisenby Chiropractic Clinic. He argues the trial court erred by compensating Mier for simply presenting medical bills to the court. We disagree.

The authenticity of the bills from Lisenby Chiropractic Clinic was stipulated to by the parties. The bills indicate Mier received treatment for neck pain between January 7,1997 and March 19,1997. When a plaintiff alleges he has incurred medical expenses as a result of an accident, and that allegation is supported by a bill, jurisprudence permits the bill to be included in the judgment, absent contrary proof. Este’ v. State Farm Insurance Companies, 96-99 (La.App. 3 Cir. 7/10/96); 676 So.2d 850. The record does not contain any contrary proof tending to show Mier’s treatments were either not connected to the injury he sustained during the accident or his care was not medically necessary. Without such proof, we lack authority to find the trial court’s assessment was excessive.

FINANCE CHARGES

The medical award also included $958.53 in finance charges for services rendered by Dr. Heard and the St. Thomas Clinic. Martin argues awarding finance charges permits recovery of a second layer of interest not authorized by law. We agree.

It is well settled that “allowing recovery of this finance charge would amount to interest upon interest, a concept not favored by our law.” Marshall v. A & P Food Co. of Tallulah, 587 So.2d 103, 111 (La.App. 2 Cir.1991). Legal interest, which is added to all tort judgments by law, may not be added to or compounded with any amount which is itself an interest payment. La. Civ. Code art. 2000.

[962]*962Mier argues, however, he incurred the claimed finance charges because he could not afford to pay the medical bills, forcing him to “borrow” the money from Dr. Heard and St. Thomas Clinic.

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Bluebook (online)
755 So. 2d 958, 99 La.App. 3 Cir. 989, 1999 La. App. LEXIS 3686, 1999 WL 1259635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mier-v-martin-lactapp-1999.