Naquin v. Teer

649 So. 2d 993, 94 La.App. 3 Cir. 448, 1994 La. App. LEXIS 3330, 1994 WL 680423
CourtLouisiana Court of Appeal
DecidedDecember 7, 1994
DocketNo. 94-448
StatusPublished
Cited by3 cases

This text of 649 So. 2d 993 (Naquin v. Teer) 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
Naquin v. Teer, 649 So. 2d 993, 94 La.App. 3 Cir. 448, 1994 La. App. LEXIS 3330, 1994 WL 680423 (La. Ct. App. 1994).

Opinion

11 GUIDRY, Chief Judge.

This personal injury suit arises from a July 5, 1991 automobile accident which occurred on Louisiana Highway 105 near Melville, Louisiana. Plaintiff, Patsy Naquin, was driving a pickup truck, in which her three daughters were passengers, when she was forced off of the highway by a vehicle driven by defendant, Benjamin Teer. Patsy and her husband, Marcus Naquin, individually and on behalf of Melissa, Christie and Laeie Naquin, sued Teer, Louisiana Indemnity Company, Teer’s liability insurer, and Prudential Property and Casualty Insurance Company, plaintiffs’ uninsured motorist (UM) insurer. Louisiana Indemnity had issued an insurance policy to Teer which provided |2for bodily injury liability limits of $10,000 per person, $20,000 per accident. Plaintiffs sought recompense for Patsy’s low back injury, Marcus’ loss of consortium, and the three daughters’ fear, fright, and emotional injuries. Because suit was filed by more than one person, Louisiana Indemnity’s potential exposure for plaintiffs’ damages is $20,000.

On March 10, 1993, one day prior to the commencement of trial, plaintiffs compromised their claims against Prudential. Judgment dismissing Prudential, with full reservation of rights as to the remaining defendants, was not signed, however, until June 9, 1993. On the morning of trial, plaintiffs amended their petition to eliminate Prudential as a party defendant and to declare that the damages suffered by each of them were below the $20,000 jurisdictional monetary requirement for a jury trial. Thereafter, the matter proceeded to a bench trial. After taking the case under advisement, the trial court rendered written reasons for judgment on May 27, 1993. The judge found Teer solely at fault and awarded $19,999.99 to Patsy, $5,000 to Marcus, and $100 to each of the three children. The court signed a judgment in accordance with these reasons on July 1, 1993.

On July 8, 1993, Teer and Louisiana Indemnity moved for a new trial on damages and to present evidence of the aforementioned compromise into the record to obtain a credit for the amount paid by Prudential. In response, plaintiffs filed a motion to strike the compromise and any reference to payments by Prudential because defendants failed to introduce any evidence pertaining thereto at trial. Plaintiffs’ motion to strike was granted by court order rendered and signed on July 14, 1993. The court then denied defendants’ motion for new trial as untimely on July 20, 1993.

| -¡Teer and Louisiana Indemnity appeal from the July 1,1993 judgment on the merits and the July 20, 1993 order denying a new trial. Plaintiffs did not appeal or answer defendants’ appeal.

The defendants assign the following errors:

1) awarding excessive damages to Patsy and Marcus Naquin;
2) failing to recognize the compromise amount paid by Prudential and credit or offset the award by that amount;
3) awarding more damages than the $20,-000 maximum limit stipulated to between the parties; and,
[995]*9954) denying defendants’ motion for new trial.

For the following reasons, we affirm the damage awards but make the awards subject to a credit or offset in the amount of $5,299.99 paid by Prudential, plaintiffs’ UM insurer.

FACTS

This accident occurred at approximately 2:15 p.m. in rainy weather. The vehicles in question did not collide. As Teer, who was traveling northbound, rounded a curve, he began to lose control of his Toyota Célica. When Teer attempted to regain control, the rear-end of the vehicle swung around 180 degrees, and it began traveling backwards. The Naquins, who were entering the curve in the southbound lane, swerved to the right to avoid a collision with Teer’s vehicle. Their truck came to rest in the ditch bordering the roadway. Neither vehicle was damaged. Louisiana State Police Trooper Dave Laugh-lin was dispatched to the scene and completed an accident report.

Patsy testified that she saw Teer’s car weaving into and out of her lane. It then became perpendicular to the center line and proceeded to turn completely around so that the front of the vehicle was facing a southerly Rdirection. She explained that, had she not driven off the road and into the ditch, her truck would have broadsided Teer’s car. Patsy did not feel pain at first, but she began to have a “burning pain” in her low back and legs after arriving home. Her husband took her to Doctors Hospital in Opelousas, where she was diagnosed with a pulled back muscle. She thereafter saw her family physician, Dr. Michael Basile, who diagnosed a lumbar strain. He prescribed physical therapy and a CT scan, which yielded negative results. Dr. Basile referred Patsy to an orthopedic surgeon, Dr. Thomas Butaud, who recommended further testing including a magnetic resonance imaging (MRI) test, an electro-myogram, and a bone scan. Patsy declined to undergo these tests for financial reasons. She next was examined by Dr. Stephen Gold-ware, a neurosurgeon, who also recommended further testing to include a myelo-gram and a post-myelogram CT scan. She once again declined to undergo these tests for financial reasons and because she was afraid of the myelogram.

Patsy stated that, since the accident, her low back and right leg pain has increased in intensity. Her leg sometimes becomes numb and “goes out” on her. She stated that she was in pain while testifying. She further explained that her injury has drastically reduced her ability to do household work and to participate in familial activities such as bike riding, tennis, and fishing. She has become irritable and hollers at her husband and children frequently. Patsy does nothing with her family now and the frequency and quality of her sex life has dramatically decreased. She declined the myelogram because her husband had undergone several myelograms in the past and he became very sick afterwards.

| sMarcus testified that Patsy complained of low back pain on the night of the accident. Her complaints have persisted since then and, according to Marcus, her pain has become more severe. He stated that they got along well before the accident, but the nature of their marital relationship has greatly changed. Since then, Patsy does no housework and is very irritable. Marcus stated that their sexual relations have become infrequent as compared to before the accident and lacking in quality.

Melissa, Christie, and Lacie Naquin each testified similarly that their mother began complaining about her back on the day of the accident and continued to do so. They also corroborated her testimony concerning her reduced participation in family activities.

Dr. Basile examined Patsy on July 9 and 16, 1991. She complained of low back and right hip and leg pain. He detected low back muscle spasms. He diagnosed a lumbar strain and recommended physical therapy. Dr. Basile saw her again on July 29, 1991 at which point he diagnosed possible sciatic nerve inflammation and recommended a CT scan.

The CT scan was performed on August 21, 1991 and was interpreted by Dr. Leon Las-trapes, III, a radiologist. He stated on the report that the CT scan, which was “... [996]*996somewhat limited by artifact and graininess, related to the size of the patient, show[ed] no evidence of an acute focal disc herniation or spinal stenosis”. He did detect mild disc bulges at L3^ and L4-5. In deposition, Dr.

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Bluebook (online)
649 So. 2d 993, 94 La.App. 3 Cir. 448, 1994 La. App. LEXIS 3330, 1994 WL 680423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naquin-v-teer-lactapp-1994.