Vega v. State Farm Auto. Ins. Co.

401 So. 2d 368
CourtLouisiana Court of Appeal
DecidedApril 13, 1981
Docket13979, 13980
StatusPublished
Cited by4 cases

This text of 401 So. 2d 368 (Vega v. State Farm Auto. Ins. 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
Vega v. State Farm Auto. Ins. Co., 401 So. 2d 368 (La. Ct. App. 1981).

Opinion

401 So.2d 368 (1981)

Craig D. VEGA
v.
STATE FARM AUTOMOBILE INSURANCE COMPANY.
Craig D. VEGA, Individually and As the Administrator of the Estate of His Minor Son, David Vega
v.
E. J. RICHARDELLE, Individually and As the Administrator of the Estate of the Minor, James J. Richardelle, Katherine C. Richardelle, and State Farm Mutual Auto Insurance Company.

Nos. 13979, 13980.

Court of Appeal of Louisiana, First Circuit.

April 13, 1981.

*370 Larry Main, Slidell, for plaintiffs-appellants in Nos. 37095 and 37970 Craig D. Vega, et al.

Stanley L. Perry, Galliano, for plaintiffs-appellants in No. 37969 Craig D. Vega on Behalf of the Interdict.

L. Albert Forrest, New Iberia, for defendant-appellee in Nos. 37095, 37970 and 37969 State Farm Mutual Insurance Co.

Robert B. Butler, III, Houma, for third party defendants-appellees and defendants in Nos. 37095, 37969 and 37970 E. J. Richardelle and State Farm Mutual Insurance Co.

Lloyd T. Bourgeois, Thibodaux, for third party defendants-appellees and defendant in Nos. 37095, 37969 and 37970 Craig Vega and State Farm Mutual Insurance Co.

Francis Dugas, Thibodaux, for defendant-appellee in No. 37970 E. J. Richardelle.

Before LOTTINGER, EDWARDS and PONDER, JJ.

LOTTINGER, Judge.

These consolidated tort cases arise out of a head-on motor vehicle collision on Louisiana Highway 1 in Cut off, Louisiana on August 10, 1977. Five cases were filed originally. Three were tried and two are before us on appeal. The issues on appeal concern quantum, loss of earnings and insurance coverage.

THE FACTS

Craig D. Vega was driving south on La. 1 in the early evening of August 10, 1977. With him in the vehicle were his wife, Diane, and their minor son, David. Heading northbound at the same time was a vehicle driven by James Richardelle, the minor son of E. J. and Katherine Richardelle. A head-on collision occurred when the Richardelle vehicle apparently crossed the center line and struck the Vega vehicle. The Vega vehicle overturned in the path of a third vehicle, and was struck again.

As a result of the accident, Diane Vega was rendered a quadraplegic with serious brain damage. She is permanently disabled. Craig Vega sustained compression fractures of the sixth and eighth thoracic vertebrae, while young David escaped with a minor head injury.

Vega instituted three suits individually, as administrator of the estate of his minor son and as curator of his wife, who had been interdicted because of her injuries. He sued the Richardelles individually and as the administrator of the estate of their minor child. He also sued State Farm Mutual Automobile Insurance Company as the liability and uninsured motorist (UM) insurer of the Richardelles, as his own UM carrier and as his own med-pay carrier.

The trial court rendered judgment for $135,000.00 in the suit brought by Vega on behalf of his wife. Of that sum, $50,000.00 (the policy limits) was assessed against State Farm as liability insurer of the Richardelles; $75,000.00 was assessed against three UM policies owned by Vega, each of which provided $25,000.00 per person coverage and $50,000.00 per accident coverage under the UM provisions;[1] and $10,000.00 was assessed against Mr. Richardelle individually, the trial court having found that this amount was the most Mr. Richardelle could afford to pay. This judgment was not appealed.

In the suit by Vega for his own injuries and damages, for his wife's medical expenses and for his son's injuries, the trial court first awarded Vega $121,500.00, which represented $15,000.00 in general damages for Vega's back injury, $990.28 for Vega's own medical expenses and $105,509.72 for *371 past and future medical expenses for his wife. However, on a motion for new trial, the trial court reduced the award to $15,990.28, the amount awarded for Vega's own injury and medical expenses. The amended judgment apparently was based on the findings that the limits of liability for Diane Vega's injury and medical expenses already had been reached under the Richardelle liability policy and under the Vegas' three UM policies. In neither the first nor the amended judgment did the trial court allow the plaintiff's claim for $5,250.00 for lost income allegedly resulting from the hiring of eight part time workers to help run the plaintiff's ice packaging business while the plaintiff was disabled. The court found the plaintiff failed to prove his claim. A $3,500.00 judgment was also rendered for the minor son's injuries. On appeal in this court, Vega claims the trial court erred in awarding only $15,000.00 in general damages for his own back injury, in refusing to award a sum for loss of income and in failing to allow Vega separate coverage under the three UM policies for the medical expenses of his wife.

In the third suit filed by Vega, No. 13979, under the medical payments coverage in his three policies, the trial court rejected all demands. The court found that the $5,000.00 medical payment limit in the policy covering the vehicle involved in the accident had been exhausted by former payments for Diane's care. The $25,000.00 medical coverages in the other two policies were unavailable to Vega because these policies could not be stacked. Vega appeals from this judgment contending he is entitled to coverage as a separate person under the med pay provisions. He also claims coverage under a "supplementary payments" clause in the Richardelle's policy.

ISSUES

The issues on appeal are whether the trial court erred:

(1) In awarding only $15,000.00 in general damages for Vega's back injury;

(2) In refusing to award a sum for loss of income;

(3) In refusing to allow Vega to recover personally under the three UM policies for amounts expended or to be expended for his wife's medical care;

(4) In refusing to allow Vega to recover personally under the medical payment provisions of his own policies for amounts expended or to be expended for his wife's medical care; and

(5) In failing to apply the "supplementary payments" clause in the Richardelle's policy.

QUANTUM

Evidence at trial reveals that Vega sustained a painful compression fracture of the sixth and eighth thoracic vertebrae, but without any cord damage. Dr. Brian Huncke, the attending orthopedic physician, testified by deposition that Vega has a five percent permanent disability as a result of the back injury. Vega spent about two weeks in the hospital and had to wear a Jewett brace for about three months. He was physically unable to return to work for about two months.

In a recent case before this court, we attempted to explain the scope of appellate review of general damage awards. Hanzy v. Sam, 385 So.2d 355 (La.App. 1st Cir. 1980) writ denied, 386 So.2d 357 (La. 1980). Before an appellate court can raise or lower a trial court's award, the appellate court must make an articulated finding that the trial court abused its discretion. Reck v. Stevens, 373 So.2d 498 (La.1979). Unless this initial finding can be made, damage awards in other seemingly similar cases are not pertinent. The trial court's award in this case was clearly within the bounds of that court's discretion. It does not strike us as being either too high or too low. It does not shock our consciences, and it will be affirmed.

LOSS OF INCOME

Vega's claim for $5,250.00 in lost income was based on the sums he paid eight individuals who allegedly had to be hired in *372 the ice packing business to take the plaintiff's place. As proof of this claim, only the plaintiff's testimony was presented.

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401 So. 2d 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vega-v-state-farm-auto-ins-co-lactapp-1981.