Saine v. City of Scott

819 So. 2d 496, 2002 La. App. LEXIS 1912
Louisiana Court of Appeal·Decided June 12, 2002·No. No. 2002-265·Published·Cited by 1 cases

Opinion

L COOKS, Judge.

City of Scott, Sergeant Byron C. Romero (in his official capacity as a police officer for the City of Scott), and ABC Insurance Company (Defendants) appeal the judgment of the trial court awarding medical expenses and $15,000.00 in damages to plaintiff, Cedric Sainé (Mr. Sainé), for injuries he sustained after Officer Romero negligently placed handcuffs on him. We affirm.

FACTS

On the evening of May 11, 1999, Deputy Louis Burgess of the Lafayette Parish Sheriffs Office, stopped Mr. Sainé for a routine investigatory stop. After initiating the investigation, Deputy Burgess discovered Mr. Sainé had been driving with a suspended license, in addition to other minor traffic violations. Deputy Burgess turned Mr. Sainé over to Officer Romero in order to have him placed under arrest. Officer Romero then placed handcuffs on him. Mr. Saíne testified he indicated several times to Officer Romero the handcuffs were too tight, but Officer Romero did not loosen them. He also stated he informed another officer, Officer Jerry Braun of the Scott Police Department, the cuffs were [498]*498too tight, and still no one loosened the cuffs. Mr. Sainé further alleged he-was left in the back of a police car with the handcuffs on too tight — -for over one hour. As a result, Mr. Sainé stated he suffered injuries to his hands and fingers, and sustained severe nerve damage to his wrist. Mr. Sainé was booked and released within forty-five (45) minutes of his arrival at the police department, and immediately visited Our Lady of Lourdes Hospital for treatment of his injuries upon he release.

Mr. Sainé filed a petition against Officer Romero; and, relying on the doctrine of respondeat superior, named as additional defendants Romero’s employer, the City of Scott, and his employer’s insurer, ABC Insurance. The complaint alleged Officer | ,,Romero took Sainé into custody and negligently caused injuries to his wrists.1 The trial court agreed, finding Officer Romero breached a duty owed to Mr. Sainé by negligently placing handcuffs on him, such that the breach caused Mr. Same’s injuries. The trial court awarded Mr. Sainé $15,000.00 in damages, and $7,563.24 for past medical expenses, plus interest from the date of demand, and assessed all costs of the trial proceeding against Defendants. This appeal by Defendants ensued.

STANDARD OF REVIEW

It is well settled that a court of appeal will ordinarily not set aside a trial court’s finding of fact unless-it is clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). Indeed, the Louisiana Supreme Court has stated, “[a]n appellate court should not disturb a trial court’s factual findings when there is sufficient evidence in the record to provide a reasonable basis for those findings.” Goings v. State through Dept. of Pub. Safety and Corrections, 94-1386, p. 6 (La.1/17/95); 648 So.2d 884, 887. Thus, the appellate court’s function is not to decide factual issues de novo, but to determine whether the fact finder’s conclusions were reasonable. Riley v. Winn-Dixie Louisiana, Inc., 489 So.2d 931 (La.App. 5 Cir.), writ denied, 494 So.2d 329 (La.1986); Arceneaux, 365 So.2d 1330. That is not to say that Louisiana appellate courts do not have jurisdiction to review factual findings de novo. Arceneaux, 365 So.2d 1330. Louisiana courts have jurisdiction over both law and facts. Riley, 489 So.2d 931. Where a record indicates conflicting testimony, a trial court’s reasonable evaluation of the witnesses’ credibility and reasonable inferences of facts, should not be disturbed. In re Dravo Basic Materials Co., Inc., 604 So.2d 630 (La.App. 1 Cir.1992); Nance v. Nance, 548 So.2d 87 (La.App. 5 Cir.1989).

^DISCUSSION

Defendants contest the trial court’s conclusion Officer Romero negligently placed handcuffs on Mr. Sainé and thereby caused his injuries. After thorough review of the record, we cannot say the trial court’s findings were clearly wrong or unreasonable.

To prevail on a negligence claim, a plaintiff must establish that the defendant had a duty to conform his conduct to a specific standard, the defendant failed to conform his conduct to the appropriate standard, the defendant’s substandard conduct was the cause-in-fact of the plaintiffs injuries, the defendant’s substandard conduct was the legal cause of the plaintiffs injuries, and that the plaintiff sustained actual damages. See Johnson v. Bennett, [499]*49927,051 (La.App. 2 Cir. 6/21/95); 658 So.2d 712; Townley v. City of Iowa, 97-493 (La.App. 3 Cir. 10/29/97); 702 So.2d 323. “[A] defendant takes his victim as he finds him and is responsible for all natural and probable consequences of his tortious conduct.” Rhodes v. State, Through Dept. of Trans. and Dev., 94-1758, p. 13 (La.App. 1 Cir. 12/20/96); 684 So.2d 1134, 1144.

The trial court found Officer Romero’s tortious conduct was his negligent placing of handcuffs on Mr. Sainé. The court stated,

The Court finds that there exist, in this particular situation, a duty. A duty is imposed when a person is taken into custody by an arresting Officer. The Court finds that the plaintiff has proven a breach of that duty and causation. The testimony of Dr. Morrow, specifically, that this injury was consistent with the history which plaintiff gave, it was a quote “circumferential constrictive injury.” There was no evidence presented the plaintiff resisted the handcuffs or was trying to get out of the handcuffs. And the doctor concluded, and I quote, ‘The handcuffs were the cause of the injury.’ And there were substantial injuries which resulted therefrom.

It is apparent the trial court applied the standard duty/risk analysis and subsequently concluded Officer Romero breached a duty owed to Mr. Sainé. We find ample evidence in the record to support the court’s findings. Dr. Robert Morrow, the | ¿orthopedic surgeon who treated Mr. Sainé, testified the excessive tightness of the handcuffs was the direct cause of Mr. Same’s injuries. It is clear the court heavily relied on Dr. Morrow’s testimony, and the court was well within its discretion to do so. See Goings, 648 So.2d 884. The trial court also found reliable Mr. Same’s testimony he told Officer Romero and Officer Braun the handcuffs were too tight and they failed to loosen the cuffs. The record additionally reveals, prior to the incident, Mr. Sainé never experienced problems with his hands or wrists. Further, Mr. Sainé never delayed in seeking medical attention for his injuries. Indeed, he was treated at Our Lady of Lourdes Hospital almost immediately after his release from the police station. Finally, the trial court found no evidence Mr. Romero resisted arrest or attempted to get out of the handcuffs, thus contributing to his own injuries, and, there was no reasonable explanation offered by Defendants to account for Mr. Same’s injuries after he was taken into custody.

Defendants proffer four assignments of error. We have carefully reviewed their arguments and find them all without merit. The first three assignments raised by Defendants essentially challenge the trial court’s factual findings. They argue the trial court erred in finding Mr. Saíne met his burden of proof, in evaluating the credibility of the witnesses, and in determining Mr. Sainé was not the cause of his own injuries. We find Defendants proffered no evidence to controvert Dr. Morrow’s or Mr. Same’s testimony. In short, Defendants simply denied Mr.

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Saine v. City of Scott, 819 So. 2d 496, 2002 La. App. LEXIS 1912 (La. Ct. App. 2002).

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