Touchet v. Guidry

550 So. 2d 308, 1989 WL 116125
CourtLouisiana Court of Appeal
DecidedOctober 4, 1989
Docket88-469
StatusPublished
Cited by13 cases

This text of 550 So. 2d 308 (Touchet v. Guidry) 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
Touchet v. Guidry, 550 So. 2d 308, 1989 WL 116125 (La. Ct. App. 1989).

Opinion

550 So.2d 308 (1989)

Evelyn TOUCHET, et al., Plaintiffs-Appellants Plaintiffs-Appellees,
v.
James G. GUIDRY, Jr., et al., Defendants-Appellees.

No. 88-469.

Court of Appeal of Louisiana, Third Circuit.

October 4, 1989.

*309 Anthony M. Fazziok, Lafayette, for plaintiff-appellant.

Roy, Forrest & Lopresto, Alex A. Lopresto, III, New Iberia, for defendant-appellant.

Roy & Hattan, M. Candice Hattan, Onebane, Donohoe, Keith M. Borne, Lafayette, for defendant-appellee.

Before GUIDRY, LABORDE and KNOLL, JJ.

LABORDE, Judge.

Evelyn Touchet, Linda Neveu, and Carl Neveu, on behalf of his minor son, Angelo, filed this suit for damages allegedly resulting from an automobile accident on September 7, 1982.[1] Linda Neveu and her son, Angelo, were guest passengers in the Touchet vehicle. Plaintiffs named as defendants: (1) James G. Guidry, Jr., the driver of the vehicle which rear-ended the Touchet vehicle; (2) Allstate Insurance Company (Allstate), his alleged liability insurer; (3) Cynthia Goodman, the registered owner of the vehicle Guidry was driving at the time of the accident; and (4) National Security Fire & Casualty Company (National), Touchet's uninsured motorist insurance carrier. After a trial on the merits, the trial court ruled that Allstate did not provide coverage to Guidry and dismissed plaintiff's suit against Allstate and Cynthia Goodman. It also rendered judgment in favor of the plaintiffs and against defendants, Guidry and National, awarding Evelyn Touchet $4,106.00 in total damages and Linda Neveu $6,276.00 in total damages. No damages were awarded for Angelo Neveu's claim. From this determination plaintiffs and National appeal. We affirm.

FACTS

This accident occurred on September 7, 1982, at about 12:30 p.m., in the village of Cade, St. Martin Parish, Louisiana. Evelyn Touchet was driving her truck in a westerly direction on LA 182. Her passengers included her sister, Linda Neveu and Mrs. Neveu's son, Angelo. Following the Touchet vehicle was Dean McPherson, and behind him was a car driven by James Guidry. As plaintiff slowed down to make a right turn, the McPherson vehicle passed her on the left, and she was hit from behind by defendant's vehicle. Evelyn Touchet testified that after the accident occurred, she went to see the other driver to find out if he required assistance.

DAMAGES

The trial court found that the Sept. 7, 1982 accident was caused solely by the inattentiveness of James Guidry. It awarded Evelyn Touchet $3,000.00 in general damages and Linda Neveu $5,000.00 in general damages. Finding no evidence of any injury sustained by Angelo Neveu, the trial court did not award anything for that claim. The precise facts of the accident and the issue of fault have not been appealed. Rather, the plaintiffs contend that the trial court's general damage awards are so inadequate as to constitute an abuse of discretion. After carefully reviewing the record, we cannot say that the trial court abused its discretion in the instant case. The trial court thoroughly reviewed the lay and medical testimony relevant in its Reasons for Judgment. It stated:

"[Evelyn Touchet] stated that no part of her body hit the vehicle she was in, but her neck twisted and later her shoulder hurt. She then had a series of headaches that lasted for a long time intermittently. She has not had headaches for the last year. At the time of the accident she had an infant that she was breast feeding and because of this she did not want to take medication as she felt it would pass on to the child, so she had to suffer pain for a period of time. Later the child was weaned and she did take various medications. She had no prior or subsequent *310 accidents to the one sued on. Before the accident she was active, liked to do physical things such as bowling, but after the accident she testified that she cannot do this any longer. She did note that her sister, Linda Neveu, was more seriously injured than she was, her sister being formerly outgoing but now somewhat depressed.
Concerning Evelyn Touchet, she was examined by Dr. D.E. Bourgeois, complaining of headaches. She was not taking medicine at the time because she was breast feeding her baby. She saw Dr. Bourgeois for headaches and pains. She said her head and neck were jerked in the accident. He found no muscle spasm in the cervical area. On September 20 he gave her an injection of Noraflex and prescribed physical therapy. She was complaining of neck pain and she was treated for that. On September 24 she was given Tylenol # 2 and Flexoril, two mild medicines. On October 12 she was discharged and told to return if she needed, and she has never returned. His medical bill was $355.
Dr. Bourgeois noted that these cases were not complicated. He found little or no objective findings on Evelyn and treated her simply on the complaints. He diagnosed Evelyn as having a mild cervical sprain and Linda Neveu as being a little worse.
Linda Neveu, age 28, testified that she and her sister were returning from the Winn Dixie store in New Iberia en route to Cade when the accident occurred. She was sitting in the front seat on the passenger side. When the accident occurred, she was scared, started screaming, fell on the floor and hit her head twice as the Guidry vehicle hit their vehicle on two quick occasions. Her head hit the dashboard, her arm and leg hurt, and she was frightened. She complained of headaches, arm ache, and her neck hurt. Various pains such as she had lasted for six months and now they still occur about twice a month, and she still has some minor stiffness. Since the accident, she used to go bowling and skiing but has not done so since because she is afraid to try these activities because her arms or legs might get worse. She saw Dr. Fournet on two occasions and has not paid his bill. Her lawyer recommended that she see Dr. Bourgeois, who did see her shortly after the accident. She quit seeing Dr. Bourgeois because she lives in St. Martinville and Dr. Bourgeois lives in New Iberia and it was inconvenient to do so. Instead, she went to Dr. Pope, a chiropractor suggested by her lawyer, Mr. Rippas. She quit seeing him because his bills were piling up. She saw Dr. Blanda of Lafayette in either September or early October of this year [1985]. She saw Dr. Lee, a chiropractor who succeeded Dr. Pope, the Friday before the trial. She too noted that she had no prior accidents or subsequent accident. She returned to work in about two months after the accident.
Dr. Kenneth Fournet of St. Martinville saw Linda on September 8, 1982, getting a history of the wreck that occurred the day before. She complained of headaches, arm pain and he noted muscle spasm. There were no lacerations or abrasions. He prescribed an analgesic, Zomax. She returned on September 15, complaining of neck pain, and he added muscle relaxers to the prescription. This was her last visit. No x-rays were taken. He charged $40 for these two visits and the Court has allowed $100 as an expert witness fee for testifying in court.
Dr. David Eldridge Bourgeois of New Iberia testified that he examined Linda Neveu shortly thereafter, on several occasions. She had contusions of her head, chest and neck. She was complaining of pain. He prescribed physical therapy which she did for a short time. She was seen again, still complaining of pain. He saw her on October 4 and October 13, when she was complaining of pain to the spine and the thoracic area. He found new pains in different parts of the body. He could find no spasm or redness.

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Bluebook (online)
550 So. 2d 308, 1989 WL 116125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/touchet-v-guidry-lactapp-1989.