Wattigny v. Breaux

488 So. 2d 419
CourtLouisiana Court of Appeal
DecidedMay 14, 1986
Docket85-607
StatusPublished
Cited by9 cases

This text of 488 So. 2d 419 (Wattigny v. Breaux) 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
Wattigny v. Breaux, 488 So. 2d 419 (La. Ct. App. 1986).

Opinion

488 So.2d 419 (1986)

Christopher N. WATTIGNY, Plaintiff-Appellant,
v.
Theonie O. BREAUX, et al., Defendants-Appellees.

No. 85-607.

Court of Appeal of Louisiana, Third Circuit.

May 14, 1986.

*420 James Wattigny, Hammond, for plaintiff-appellant.

Hal J. Broussard, Lafayette, for defendants-appellees.

Before STOKER and KING, JJ., and COX, J. Pro Tem.[*]

KING, Judge.

The main issues presented by this appeal are whether or not the trial court erred in its determination of the causation and extent of plaintiff's injuries and whether or not its damage award to plaintiff was inadequate.

Christopher N. Wattigny (hereinafter referred to as plaintiff) filed suit against Theonie O. Breaux, Ernest Breaux, Sr., Ernest Breaux Electric, Inc., and Reliance Insurance Company of Illinois[1] (hereinafter referred to as defendant), seeking recovery for damages that he sustained when he fell from his motorcycle as a result of the action he took to avoid a collision with an automobile being driven by Mrs. Breaux. Plaintiff appeals from a trial court judgment in his favor, complaining of an inadequate award of damages.

FACTS

The facts involving the accident upon which this suit is based are basically undisputed. On September 9, 1982, plaintiff was riding his motorcycle in a southerly direction on Lewis Street in New Iberia, Louisiana. At that same time, Mrs. Breaux was traveling in an easterly direction on Trotter Street, heading toward the Lewis Street-Trotter Street intersection. Despite a stop sign on Trotter Street, at its intersection with Lewis Street, Mrs. Breaux entered and stopped in plaintiff's lane of traffic on Lewis Street in an attempt to turn left and go north on Lewis Street. Plaintiff successfully avoided colliding with Mrs. Breaux's automobile, but in the process he *421 lost control of his motorcycle as a result of his evasive action, and thereby fell to the pavement sustaining injuries. Plaintiff was taken by ambulance to Iberia General Hospital where he was treated for abrasions, and where he also received sutures to his right foot and elbow. Plaintiff testified that he decided against admission to the hospital because of his poor financial condition and also because his mother, with whom he resided, was a registered nurse. Shortly after the accident, defendant issued a check to plaintiff in the amount of $2,150.00 to pay for the property damage to plaintiff's motorcycle caused by the accident.

On February 1, 1983, plaintiff filed suit against Mr. and Mrs. Breaux, Ernest Breaux Electric, Inc., and against defendant, requesting damages in the amount of $37,360.00, together with legal interest, penalties, attorney's fees and costs of the proceedings. Through the filing of three supplemental petitions, plaintiff increased his demand to $475,500.00 in damages.

The case was tried in December, 1984 and at that time plaintiff and defendant stipulated that (1) there was $500,000.00 in insurance coverage on the automobile driven by Mrs. Breaux; and (2) Ernest Breaux Electric, Inc., and the estates of Mr. and Mrs. Breaux, both of whom died prior to the time of trial, were dismissed from the suit. Both parties produced lay witnesses who testified during the trial. However, all expert witness testimony regarding plaintiff's medical condition was presented through depositions which were introduced into evidence during the trial.

After hearing the evidence, the trial judge rendered a judgment, which was signed on January 4, 1985, in favor of plaintiff and against defendant in the amount of $10,000.00, together with legal interest from date of judicial demand until paid, and all costs of the proceedings. The trial judge found that plaintiff had failed to prove any physical or medical reason for his back to be in the painful condition of which he complained, and that he also failed to prove a connection between the accident and any back problem which he may now have. The trial judge nevertheless noted that plaintiff did suffer some painful injuries at the time of the accident, and therefore awarded plaintiff $10,000.00, which he stated he felt was a liberal award under the circumstances, to cover medical expenses, pain and suffering, and lost wages.

Plaintiff devolutively appealed the trial court judgment and presents the following assignments of error:

(1) The trial court clearly erred in finding that the preponderance of the evidence, both direct and circumstantial, failed to establish that the vehicular accident of September 9, 1982 was the proximate cause of his neck and back conditions and resulting permanent disability;
(2) The trial court erred by rejecting the greatly preponderant objectively corroborated testimony regarding extent of injury, causation and disability where the record indicates no sound reason for rejection and where the factual finding itself has been reached by overlooking applicable legal principles;
(3) The trial court erred by substituting its own opinion regarding extent of injury, causation and disability when qualitative expert testimony, based on sound reasoning and established fact, indicate to the contrary;
(4) The trial court erred by assigning more weight to the negative testimony of two physicians, neither of whom treated him for his back condition, than to the positive testimony of three treating physicians, one treating chiropractor, and one non-treating physician;
(5) The trial court erred in finding that none of the physicians rendered a diagnosis regarding his back condition, and that the results of all medical tests were negative;
(6) The trial court erred in failing to attach the proper weight to the testimony of lay witnesses in the presence of conflicting medical opinion;
(7) The trial court erred in failing to determine that he was permanently disabled *422 from doing heavy manual labor and further erred by making an inadequate award for lost wages and no award whatsoever for loss of future wages and impairment of earning capacity;
(8) The trial court erred in failing to award all special damages proven by him and for limiting its award for general damages, lost wages and medical expenses to $10,000.00, a sum in itself less than the special damages and costs incurred by him;
(9) The trial court erred in finding that he worked as a roustabout offshore and further by finding that the evidence was contradictory as to the reasons for his leaving different jobs; and
(10) The trial court erred in finding that plaintiff reported to the hospital, when in fact he was transported by emergency ambulance.

Defendant has not appealed the trial court judgment, nor has it answered the appeal filed by plaintiff. Consequently, the trial court's finding of liability on the part of defendant is final. This appeal therefore only involves the issue of causation and the extent of plaintiff's injuries, if any, and quantum of the damage award.

CAUSATION AND EXTENT OF INJURY

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Bluebook (online)
488 So. 2d 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wattigny-v-breaux-lactapp-1986.