Swayze v. State Farm Mutual Automobile Insurance Co.

184 So. 3d 81, 2015 La. App. LEXIS 2067, 2015 WL 6160646
CourtLouisiana Court of Appeal
DecidedOctober 21, 2015
DocketNo. 49,079-CA
StatusPublished
Cited by3 cases

This text of 184 So. 3d 81 (Swayze v. State Farm Mutual Automobile Insurance 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
Swayze v. State Farm Mutual Automobile Insurance Co., 184 So. 3d 81, 2015 La. App. LEXIS 2067, 2015 WL 6160646 (La. Ct. App. 2015).

Opinion

CARAWAY, J.

|! This case is before us on remand from the Louisiana Supreme Court for our consideration of the issues of causation and damages not addressed in our earlier appeal. Finding no manifest error in the trial court’s ruling, we affirm.

Facts

The facts and underlying history of the case have been summarized both in our earlier opinion1 and in the opinion of the Louisiana Supreme Court and will not be repeated here. See, Swayze v. State Farm Mut. Auto. Ins. Co., 14-1899 (La.6/30/15), 172 So.3d 1026. The issues before us concern whether the trial court erred in awarding Swayze damages in the amount of $22,700.04, representing [84]*84$7,700.04 for medical expenses and $15,000 general damages.

In its appellate brief, Shelter Mutual Insurance Company (“Shelter”) argues that there was no factual evidence in the record to support a finding that any of Swayze’s medical treatment after July 30, 2010, was related to the April 21, 2010 accident. Rather, Shelter contends that Swayze’s treatment and difficulties were related to a hereditary problem of exosto-sis, the formation of benign bony structures in long bones and joints of the body that causes pain. Thus, Shelter submits that Swayze proved only that she suffered from a “less than three-and-a-half months” soft tissue injury and ^should be limited to amounts already recovered by the settlement and prior medical payments.2

On the contrary, Swayze argues that the award was warranted considering that the accident had caused her to suffer through three years of chronic, disabling pain, with a poor prognosis for full recovery.

Discussion

The plaintiff has the burden of proving by a preponderance of the evidence a causal connection between the accident and injuries. Ward v. Davidson, 48,435 (La.App.2d Cir.9/25/13), 125 So.3d 1236; Kaffenberger v. Jones, 34,449 (La.App.2d Cir.2/28/01), 781 So.2d 692. The plaintiff satisfies this burden by proving through medical and lay testimony that it was more probable than not that the injury was caused by the accident. Ward, supra; Kaffenberger, supra; O’Riley v. City of Shreveport, 30,107 (La.App.2d Cir.1/23/98), 706 So.2d 213, writ denied, 98-0752 (La.5/1/98), 718 So.2d 418. A defendant takes his victim as he finds him and is responsible for all natural and probable consequences of his tortious conduct. Id. When the defendant’s negligent action aggravates a preexisting condition, he must compensate the victim for the full extent of the aggravation. Ward, supra; Kaffenberger, supra; Fowler v. Wal-Mart Stores, Inc., 30,843 (La.App.2d Cir.8/19/98), 716 So.2d 511.

Likewise, a plaintiffs recovery of medical charges must be confined to those expenses related to the accident. Kaffenberger, supra; Harper v. Garcia, 32,142 (La.App.2d Cir.8/18/99), 739 So.2d 996; Beasley v. Yokem Toyota, 33,805 (La.App.2d Cir.8/23/00), 767 So.2d 149.

A trial court’s factual findings are accorded great weight and may not be disturbed by a reviewing court in the absence of manifest error. Rosell v. ESCO, 549 So.2d 840 (La.1989).

One injured through the fault of another is entitled to full indemnification for damages caused thereby. Wainwright v. Fontenot, 00-0492 (La.10/17/00), 774 So.2d 70; Smith v. Escalon, 48,129 (La.App.2d Cir.6/26/13), 117 So.3d 576; Caskey v. Merrick Const. Co., Inc., 46,886 (La.App.2d Cir.3/14/12), 86 So.3d 186, writ denied, 12-0847 (La.6/1/12), 90 So.3d 442. General damages are those which may not be fixed with pecuniaiy exactitude; instead, they involve mental or physical pain or suffering, inconvenience, the loss of intellectual gratification or physical enjoyment, or other losses of life or lifestyle which cannot be definitely measured in monetary terms. Duncan v. Kansas City S. Ry. Co., 00-0066 (La.10/30/00), 773 So.2d 670, cert. dism., 532 U.S. 992, 121 S.Ct. 1651, 149 L.Ed.2d 508 (2001); Smith, supra; Caskey, supra.

Pain and suffering, both physical and mental, refers to the pain, discomfort, [85]*85inconvenience, anguish, and emotional trauma that accompany an injury. McGee v. A C & S Inc., 05-1036 (La.7/10/06), 933 So.2d 770; Smith, supra; Caskey, supra. The elements of physical pain and suffering and associated mental anguish are conceptually related and, to a large extent, overlapping; therefore, they are difficult to precisely distinguish. Smith, supra; Caskey, supra.

|4Also included in general damages can be an award for loss of enjoyment or quality of life. Miller v. Lammico, 07-1352 (La.1/16/08), 973 So.2d 693; Smith, supra; Caskey, supra. These damages refer to the detrimental alterations of a person’s ability to participate in the activities or pleasures of life that were formerly enjoyed. McGee, supra; Smith, supra; Caskey, supra.

The trial court has vast discretion in awarding general damages and its determination should rarely be disturbed. La. C.C. art. 2324.1; Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993), cert. denied, 510 U.S. 1114, 114 S.Ct. 1059, 127 L.Ed.2d 379 (1994); Martin ex rel. Lee v. Walker, 47,483 (La.App.2d Cir.10/10/12), 107 So.3d 102. On appellate review, the initial inquiry is whether the trier of fact abused its vast discretion in assessing damages. If it is determined that the trial court abused its discretion, then the appellate court may review prior awards to determine the highest or lowest point which is reasonably within the trial court’s discretion. Smith, supra; Martin, supra; Moody v. AIG Ins. Companies, 43,946 (La.App.2d Cir.1/14/09), 999 So.2d 1207. The appellate court should increase or reduce an award only when the award is beyond that which a reasonable trier of fact could assess for the particular injury, to the particular plaintiff, under the particular circumstances of the case. Youn, supra; Smith, supra; Moody, supra.

At the trial of this matter, Swayze testified and submitted her medical records into evidence. She stated that at the time of the accident, she was 46 years old without any physical limitations. She suffered from an inherited Lgenetic bone disease, multiple hereditary exostoses, that affected joints and long bones. Swayze testified that before the accident, she took anti-inflammatory medication for the exostoses, “probably three or four days in a row maybe once every month or two,” and réceived hip injections once a year to alleviate pain and discomfort. Her condition affected “every joint” except her “neck, my skull, and my spine.” Before the accident she did not have any neck, mid-back or low back problems.

Swayze testified that after the accident, as the day went on, she became sore through her right neck, shoulder, hip and back. She recalled that her mid-back was “the main part that hurt.” Swayze attempted self-help treatments for a few days after the accident but the pain got worse.

She saw Dr, Edward Coleman, her treating physician, with a pain level of seven or eight out of ten, depending on her activity level. When her condition did not resolve, Dr. Coleman referred Swayze to physical therapy which she attended for 23 visits.

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184 So. 3d 81, 2015 La. App. LEXIS 2067, 2015 WL 6160646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swayze-v-state-farm-mutual-automobile-insurance-co-lactapp-2015.