Robin v. Allstate Indemnity Co.

889 So. 2d 450, 4 La.App. 3 Cir. 957, 2004 La. App. LEXIS 2985, 2004 WL 2808742
CourtLouisiana Court of Appeal
DecidedDecember 8, 2004
DocketNo. CA 04-957
StatusPublished
Cited by2 cases

This text of 889 So. 2d 450 (Robin v. Allstate Indemnity Co.) 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
Robin v. Allstate Indemnity Co., 889 So. 2d 450, 4 La.App. 3 Cir. 957, 2004 La. App. LEXIS 2985, 2004 WL 2808742 (La. Ct. App. 2004).

Opinion

hEZELL, Judge.

Allstate Indemnity Company appeals a jury verdict awarding Noran J. Robin (Joe) damages for a back injury he suffered when Allstate’s insured, Norman Breaux, rear-ended the truck driven by Joe. Allstate complains about evidentiary rulings of the trial court and about the amount of damages awarded by the jury. We affirm.

FACTS

On September 3, 2000, Joe and his wife Rebecca were traveling with their friends, Michelle and Danny Dugas, to Mermentau to go crabbing. They were traveling in Joe’s three-door Chevrolet truck, towing the Dugases’ boat. At the time of the accident, there was a temporary red light erected on LA Highway 82 in Cameron Parish. The red light had been set up to control traffic while a bridge was being repaired.

Breaux was traveling behind the Robin vehicle. Breaux was employed by Trico Marine to drive boat crews to Cameron from Houma. He was driving a Ford six-passenger van when he rear-ended the Robin vehicle. As a result of the accident, Joe suffered an annular disruption at the L4-5 level which required fusion surgery by orthopedic surgeon Dr. John Cobb. He also had to have his lateral femoral cutaneous nerve surgically decompressed. At the time of trial, Joe was continuing treatment with Dr. Daniel Hodges for pain management and Dr. Ted Friedberg, a clinical psychologist, for depression.

Joe and his wife filed suit against Trico, Breaux, Allstate, and their own automobile insurer, State Farm Mutual Automobile Insurance Company, for the injuries they [453]*453sustained as a result of the accident. Prior to trial, it was stipulated that Breaux was liable and in the course and scope of his employment with Trico. Trial on the issue of damages was held before a jury on January 13,14, and 15, 2003. | ^After presentation of the Plaintiffs’ case, the Defense presented no witnesses of its own. The jury returned a verdict awarding damages to both Joe and Rebecca. The Defendants filed a motion for judgment notwithstanding the verdict (JNOV) claiming the verdict in favor of Joe was unreasonably high. The trial court denied the JNOV on April 17, 2003, and this appeal by Defendants followed.

EVIDENTIARY RULINGS

The Defendants have raised two issues involving evidentiary rulings by the trial court. The first issue raised by the Defendants is that the trial court erred when it excluded detailed evidence that the opinions of the Robins’ economist, Douglas Womack, and their vocational rehabilitation counselor and certified life-care planner, Glenn Hebert, had not been accepted by other courts.

At trial the Defendants sought to introduce the opinions from cases rendered by the circuit courts and the supreme court in which the opinions of the experts were rejected for some reason. The trial court refused to allow the Defendants to introduce the actual opinions from the courts. The trial court reasoned that the facts and circumstances in the other cases would be different from the present case. The trial court did allow counsel for Defendants to question the two experts on whether their opinions have ever been rejected by other courts. Hebert replied that his opinion had been rejected four or five percent of the time by this court, and Womack responded that he did not know how many times his opinion had been rejected because he did not follow the cases after he had testified.

In Rowe v. State Farm Mutual Automobile Insurance Company, 95-669, p. 14 (La.App. 3 Cir. 3/6/96), 670 So.2d 718, 727, writ denied, 96-824 (La.5/17/96), 673 So.2d 611, this court, in reviewing matters concerning an expert doctor’s bias, recognized that the “facts disclosed in other proceedings are admissible, [but] trial 13and appellate courts’ opinions as to those facts are not.” We agree with the trial court’s refusal to allow the Defendants to admit opinions from other proceedings in this case.

The Defendants have also complained that the trial court erred when it allowed Hebert to use statements made to him by Dr. Daniel Hodges in determining Joe’s future medical expenses. The Defendants argue that medical testimony was necessary to establish what future medical care Joe will require.

Louisiana Code of Evidence Article 703 provides:

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

Dr. Cobb had referred Joe to Dr. Hodges, a physiatrist, for pain management. Dr. Cobb testified that he would no longer need to see Joe unless Dr. Hodges discovered something that would require his attention.

Part of Hebert’s expert qualifications included national certification as a life-care planner, a person who can tell you the future cost of medical treatment as outlined by physicians. In establishing a life-care plan, Hebert met with Dr. Hodges on [454]*454December 15, 2002. Hebert completed a report on December 18, 2002, memorializing his meeting with. Dr. Hodges and detailing the cost of the future medical care Joe required as outlined by Dr. Hodges. Dr. Hodges wanted Joe to remain on pain medication and anti-depressants indefinitely. Dr. Hodges would also require yearly x-rays of Joe to check the progression of arthritis and pain. Dr. Hodges indicated that he would have to evaluate Joe four times a year since he is on pain medication. . These were the basis for Hebert’s calculation of Joe’s future medical expenses. These future medical needs were confirmed by Joe’s testimony concerning |4his future medical care as discussed with Dr. Hodges.

As explained by this court in Blocker v. Rapides Regional Medical Center, 03-745, p. 4 (La.App. 3 Cir. 12/23/03), 862 So.2d 1220, 1223, writ denied, 04-215 (La.3/26/04), 871 So..2d 351, “ffluture medical care need not be supported by expert medical testimony in cases where the medical care is obvious and necessary.” We find that the information provided by Dr. Hodges to Hebert is the type of information reasonably relied upon by life-care planners in making decisions about determining the costs of the client’s future medical care and was, therefore, admissible under La.Code Evid. art. 703. In this case, Joe’s future medical needs are not so complicated that additional medical testimony was needed.

JURY VERDICT

Allstate alleges that the trial court erred in denying its motion for JNOV, but abandons that argument by referring this court to its memorandum supporting the JNOV at the trial court level. Instead, Allstate chooses to focus on the jury verdict awarding damages itself, which we will now address.

In Theriot v. Allstate Insurance Company, 625 So.2d 1337, 1340 (La.1993) (alteration in original), the supreme court restated the law concerning appellate review of damage awards as follows:

Our jurisprudence has consistently held that in the assessment of damages, much discretion is left to the judge or jury, and upon appellate review such awards will be disturbed only when there has been a clear abuse of that discretion, Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976). And, “[i]t is only after articulated analysis of the facts discloses an abuse of discretion, that the award may on appellate review be considered either excessive or insufficient,” Reck v. Stevens,

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889 So. 2d 450, 4 La.App. 3 Cir. 957, 2004 La. App. LEXIS 2985, 2004 WL 2808742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robin-v-allstate-indemnity-co-lactapp-2004.