Peterson v. Lowery

682 So. 2d 959, 96 La.App. 3 Cir. 313, 1996 La. App. LEXIS 2658, 1996 WL 638210
CourtLouisiana Court of Appeal
DecidedNovember 6, 1996
DocketNo. 96-313
StatusPublished
Cited by2 cases

This text of 682 So. 2d 959 (Peterson v. Lowery) 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
Peterson v. Lowery, 682 So. 2d 959, 96 La.App. 3 Cir. 313, 1996 La. App. LEXIS 2658, 1996 WL 638210 (La. Ct. App. 1996).

Opinions

JjAMY, Judge.

This appeal arises from an automobile accident at the corner of MaeArthur Street and Elliott Street in Alexandria, Louisiana. The issues on appeal are whether the jury abused its discretion in: (1) the assessment of general damages to the plaintiff and (2) faffing to award plaintiff future medical expenses. For the reasons which follow, we affirm.

DISCUSSION OF THE RECORD

On April 18, 1995, at approximately 3:15 p.m., plaintiff, Clyde Peterson, who was sixty-six years old, was traveling on MaeArthur Street in Alexandria, Louisiana in his 1985 Nissan four-door Sentra. Geraldine Williams was a guest passenger in the front seat. At about the same time, defendant, Maurice D. Lowery, who was driving a school bus, was also traveling on MaeArthur Street behind Peterson. When Peterson approached the traffic light at the corner of MaeArthur Street and Elliott Street, Peterson proceeded to stop his vehicle because the traffic light had turned red. An accident occurred at the corner of MaeArthur Street and Elliot Street when Lowery struck the rear end of Peterson’s vehicle.

\zOn June 8, 1995, Peterson filed suit against Lowery and his automobile liability insurer, Corgegis Insurance Company. The defendants answered Peterson’s suit and denied liability. A trial on the merits was held before a jury on November 14 and 15, 1995. The jury found that Peterson was 40% at fault for the accident and that Lowery was 60% at fault. The jury also found that Peterson suffered injuries as a result from the accident. The jury awarded Peterson $3,000.00 for past and future physical pain and suffering; $10,746.50 for past medical expenses; and $3,000.00 in special damages. The jury’s total damage award to Peterson was $16,746.50. However, the jury did not award Peterson past and future mental pain and suffering and future medical expenses.

On November 20, 1995, the trial court signed the judgment encompassing the jury’s damage awards. Additionally, in that judgment, the trial court assessed the costs of the trial to the defendants. In response, Peterson filed a Motion Notwithstanding The Verdict, and, in the alternative, a Motion For New Trial. After a hearing, the trial court denied Peterson’s motions.

Peterson appeals and asserts that the jury erred in (1) awarding a low amount of damages for past and future physical pain and suffering and for awarding no damages for past and future mental pain and suffering; and (2) failing to award damages for future medical expenses.

LAW

GENERAL DAMAGES

In his first assignment of error, Peterson argues that the jury abused its discre[961]*961tion in awarding a low amount of damages for past and future physical pain and suffering and in failing to award any damages for past and future mental pain and suffering. Peterson requests that this court specifically look at each of these elements jgof general damages, alone, to determine if the jury abused its discretion. However, while awards for certain elements of damages may be inadequate or excessive, if the total sum awarded for the general damages is neither inadequate nor excessive, the appellate court cannot disturb that award. James v. Webb, 94-162 (La.App. 3 Cir. 10/5/94); 643 So.2d 424, writ denied, 94-2670 (La.12/16/94); 648 So .2d 396, citing Pitre v. Government Employees Ins. Co., 596 So.2d 256 (La.App. 3 Cir.), writ denied, 600 So.2d 685 (La.1992). The jury awarded Peterson a total sum of $3,000.00 in general damages. Accordingly, for the purposes of our review, we will analyze whether the jury abused its discretion in awarding Peterson $3,000.00 in general damages for his injuries.

“In the assessment of damages in cases of offenses, quasi offenses, and quasi contracts, much discretion must be left to the judge or jury.” La.Civ.Code art. 2324.1. The initial inquiry by the appellate court in reviewing the judge’s or jury’s assessment of general damages is whether the award for the particular injuries and their effects under the particular circumstances on the particular injured person was a clear abuse of discretion. Boudreaux v. Blank, 95-547 (La.App. 3 Cir. 11/2/95); 664 So.2d 705. The Louisiana Supreme Court has specifically held that the discretion in the trier of fact is “great” and “even vast” so that an appellate court should rarely disturb an award of general damages. Youn v. Maritime Overseas Corporation, 623 So.2d 1257 (La.1993). An appellate court can only find that the judge or jury clearly abused its great discretion when the general damage award is, in either direction, beyond that which a reasonable trier of fact could assess for the effects of the particular injury under the particular circumstances to the particular plaintiff. Id. Only after such a determination of a clear abuse of discretion is found by the appellate court is the resort to prior awards for similar injuries appropriate. Reck v. Stevens, 373 So.2d 498 (La.1979); Hollingsworth v. State Through Dept. Of Transp. And Development, 95-285 (La.App. 3 Cir. 10/4/95); 663 So.2d 357, writ denied, 95-2674 (La.1/12/96); 666 So.2d 322. At that point, the appellate court will only disturb the general damage award by: (1) lowering it to the highest point that was within the discretion of the trier of fact or (2) raising the award to the lowest point that was within the discretion of the trier of fact. Theriot v. Allstate Insurance Company, 625 So.2d 1337 (La.1993).

Clyde Peterson testified that, on April 18, 1995, at approximately 3:15 p.m., he was traveling on MaeArthur Street in Alexandria, Louisiana in his 1985 Nissan four door Sen-tra. Peterson stated that Geraldine Williams was a guest passenger in the front seat. Peterson testified that when he approached the traffic light at the corner of MaeArthur Street and Elliott Street, the light turned from green to yellow. He further testified that, at that point, he opined that he could not make that traffic light so he began to apply his breaks. He indicated that the traffic light soon turned red and that he came to a complete stop. Peterson said that he was at a complete stop for about ten seconds when the school bus that Lowery was operating struck his vehicle in the rear. He described the impact of the collision as a “great hit” and that the impact caused him to move forward. He also stated that the force of the impact caused his left knee to hit underneath the dashboard. Peterson then noted that, at impact, the radio in his car came out of the dashboard.

After the accident, Peterson testified that he drove his vehicle to St. Frances Cabrini Hospital and went to the emergency room. He stated that he was suffering pain in his neck, low back, and left knee. Peterson acknowledged that in February 1986, he had undergone an operation to place a prosthesis device in both of his knees. However, Peterson continued, he had not had any problems with his knees since the | ssurgery. Further, he stated that he had never suffered from pain in his neck or lower back prior to the accident. Peterson testified that he went to see Dr. Robert K. Rush a few days after the accident. He further testified that Dr. Rush [962]*962recommended physical therapy for his injures. He stated that he went to physical therapy for a while, but that he “didn’t keep up with it.” Peterson then stated that he went to see Dr. Louis Blanda for his continued pain in his neck, lower back, and left knee.

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Bluebook (online)
682 So. 2d 959, 96 La.App. 3 Cir. 313, 1996 La. App. LEXIS 2658, 1996 WL 638210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-lowery-lactapp-1996.