Richard v. Guillory

392 So. 2d 777
CourtLouisiana Court of Appeal
DecidedDecember 17, 1980
Docket7987
StatusPublished
Cited by3 cases

This text of 392 So. 2d 777 (Richard v. Guillory) 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
Richard v. Guillory, 392 So. 2d 777 (La. Ct. App. 1980).

Opinion

392 So.2d 777 (1980)

Ella RICHARD, et al, Plaintiffs-Appellants,
v.
Hosey J. GUILLORY et al, Defendants-Appellees.

No. 7987.

Court of Appeal of Louisiana, Third Circuit.

December 17, 1980.

*778 Due, Dodson & deGravelles, John W. deGravelles, Baton Rouge, and Marcantel & Marcantel, David E. Marcantel, Jennings, for plaintiffs-appellants.

Plauche, Smith, Hebert & Nieset, Allen L. Smith, Jr., and Frank M. Walker, Jr., Lake Charles, for defendants-appellees.

Before FORET, CUTRER and LABORDE, JJ.

FORET, Judge.

This is a tort action. Ella Richard, Theresa Manuel and Alonzo Manuel (plaintiffs) are seeking recovery for property damage and personal injuries sustained in an automobile-truck collision. Hosey Guillory[1], the driver of the truck; Guillory Tank & Truck Service, Inc., owner of the truck; and General Accident Fire & Life Assurance Corporation, Ltd. (General Accident), *779 liability insurer of the truck, were named defendants. The State of Louisiana, through the Department of Health and Human Resources[2], intervened in this suit.

The trial court rendered and signed judgment[3] in favor of plaintiffs on June 18, 1980. It awarded Alonzo Manuel $250.00 for pain and suffering and $100.00 medical expenses, for a total of $350.00. Theresa Manuel was awarded $1,500.00 for damage to her automobile, $177.00 for lost wages, $114.45 for medical expenses and $400.00 for pain and suffering.[4] Ella Richard, most seriously injured in this accident, was awarded $1,903.70 for medical expenses, $5,467.44 for lost wages, and $6,000.00 for general damages for physical injury, including pain and suffering, for a total of $13,371.14.

The plaintiffs (appellants) filed a motion for a devolutive appeal which was granted on July 21, 1980. The appellants present four issues for our determination:

(1) Whether the trial court erred as a matter of law in failing to award any general damages for Ella Richard's psychiatric or psychological injuries suffered as a result of the accident;

(2) Whether the trial court was manifestly erroneous in failing to find that the psychiatric or psychological injuries suffered by Ella Richard were disabling and further erred in failing to award any damages for said disability;

(3) Whether the trial court was manifestly erroneous in awarding a grossly inadequate sum for general damages for the physical injuries suffered by Ella Richard, and

(4) Whether the trial court was manifestly erroneous in awarding a grossly inadequate sum for general damages for injuries suffered by Alonzo and Theresa Manuel.

FACTS

This action arises out of a collision between a 1973 Ford Torino, owned by Theresa Manuel and being driven by Alonzo Manuel, and a fully-loaded tank truck (eighteen wheeler) owned by Guillory Tank & Truck Service, Inc. and being driven by its employee, Hosey Guillory.

The accident occurred at the intersection of West Division Street and La. 26 in the City of Jennings, Louisiana, at approximately 9:00 P.M. on the evening of April 27, 1978. This intersection is controlled by an electric semaphore light.

Theresa Manuel and her mother, Ella Richard, were passengers in the Torino. They were proceeding in a westerly direction on West Division Street as they approached the above intersection. Hosey Guillory was driving his truck south on La. 26. There was another truck owned by Guillory Tank & Truck Service, Inc. and being driven by Michael Abshire north on La. 26. Abshire had brought his truck to a stop at the intersection in deference to a red light. He testified that the truck being driven by Hosey Guillory failed to stop for the red light and struck the right side of the Torino, injuring its occupants.

Plaintiffs filed suit on September 15, 1978, alleging that Hosey Guillory's negligence in running the red light was the sole and proximate cause of this accident.

The defendants-appellees answered, alleging that if the trial court found Hosey Guillory negligent, then it should hold that Alonzo Manuel was guilty of contributory negligence in causing the accident.

*780 This action was tried on February 27, 1980, with the trial court finding the negligence of Hosey Guillory to be the sole and proximate cause of the accident.

TRIAL COURT'S FAILURE TO AWARD DAMAGES FOR MENTAL INJURY TO ELLA RICHARD

The appellants, in their first assignment of error, raise the issue of whether the trial judge erred in failing to award any general damages for the alleged psychiatric or psychological injuries suffered by Ella Richard as a result of the accident.

The record reveals that Ella Richard is a fifty-seven-year-old woman who had never been treated for nervous or emotional problems prior to this accident. She had no formal education and had worked for most of her life. She had been employed for two years immediately preceding the accident at the Jennings Guest House where she worked as a cook's helper.

Dr. Gilles Morin, a Lake Charles physician specializing in psychiatry, testified on behalf of defendants-appellees by deposition. He examined Ella Richard on February 15, 1980, and testified that Mrs. Richard's chief complaints were nervousness, depression, insomnia, pain in the right side of the chest and right leg. Dr. Morin found Ella Richard to be totally illiterate and her intelligence borderline dull. He testified that she was extremely passive during the examination. He found her to be depressed in terms of her attitude, noting that her energy level seemed to be at a low ebb, which he testified was consistent with a finding of depression. Dr. Morin was of the opinion that Ella Richard had suffered a depressive reaction of neurotic proportion.

Dr. William P. Cloyd, Jr., a Lafayette physician practicing psychiatry, testified on behalf of appellants by deposition. He examined Ella Richard on August 20, 1979, and she related complaints of nervousness, tension, irritability, and general depression to him. His observations made during the examination were an emotional appearance which was somber, a mood of depression associated with a considerable level of tension, and extreme passiveness. She cried a great deal throughout the examination. Dr. Cloyd testified that this, along with her thought content, indicated a person who was attempting to deny or repress her emotions to a great degree in order to maintain her feelings intact. His opinion was that this plaintiff was suffering from a major depressive illness, and that the accident was the precipitating factor in the development of this illness.

Ardine Yancy, a daughter of Ella Richard, testified as to her observations regarding the change in the mental health of her mother after the accident. Ardine Yancy had taken her mother into her home upon her release from the hospital. She stated that for the first month and a-half her mother could not get out of bed at all, and after that, she needed assistance to do so. Ardine testified that her mother became very depressed and felt that she was just a burden on everyone. She would also become very restless and nervous at times. Ardine testified that her mother was receiving mental therapy from the mental health clinic in Jennings.

Theresa Manuel, the daughter who was injured along with Ella Richard in the accident, also testified as to the changes in her mother's mental health after the accident. Ella Richard had been living with Theresa at the time of the accident.

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

Related

Warner v. GREAT ATLANTIC & PACIFIC TEA
583 So. 2d 61 (Louisiana Court of Appeal, 1991)
Leckelt v. Eunice Superette, Inc.
555 So. 2d 11 (Louisiana Court of Appeal, 1989)
Smith v. Louisiana Farm Bureau Mut. Ins. Co.
440 So. 2d 801 (Louisiana Court of Appeal, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
392 So. 2d 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-v-guillory-lactapp-1980.