Weiss v. Nikon, Inc.

745 So. 2d 84, 99 La.App. 4 Cir. 0111, 1999 La. App. LEXIS 3075, 1999 WL 1013004
CourtLouisiana Court of Appeal
DecidedSeptember 22, 1999
DocketNo. 99-CA-0111
StatusPublished
Cited by3 cases

This text of 745 So. 2d 84 (Weiss v. Nikon, Inc.) 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
Weiss v. Nikon, Inc., 745 So. 2d 84, 99 La.App. 4 Cir. 0111, 1999 La. App. LEXIS 3075, 1999 WL 1013004 (La. Ct. App. 1999).

Opinion

11 JONES, Judge.

The defendants/appellants, Nikon, Incorporated (“Nikon”) and Tokio Marine and Fire Insurance Company (“Tokio”) appeal the trial court judgement in favor of Susette Weiss (“Weiss”) requiring the defendants to pay any and all outstanding medical expenses incurred before and/or after the settlement of March 6, 1996. We amend and affirm as amended the judgement.

FACTS

On November 27, 1993, Ms. Weiss was moving a shelving unit into her home office. This shelving unit would store work documents that Nikon, her employer, required her to maintain. Because Nikon did not have a field office in New Orleans, Ms. Weiss used a room in her townhouse as an office to work as a technical representative for Nikon. She primarily dealt with ophthalmologic equipment. While moving the shelving unit from the second story of her townhouse to her office located on the first floor of her townhouse, the shelving unit slipped and caused Ms. Weiss to fall down a flight of stairs.

Ms. Weiss contended that she sustained severe injuries as a result of her accident. These injuries include: severe head and brain injury; numerous injuries to her back, foot, and knee; and numerous organic injuries including chemical, 12neurological, orthopedic, and central nervous system deficits. Ms. Weiss also received a severe brain stem injury, which caused irreversible damage to her brain stem. She has difficulty recalling previous abilities, attention deficit, memory loss, cognitive and emotional dysfunction, loss of smell, hormonal imbalance, and binocular suppression. Ms. Weiss continues to have regular brain seizures, and she requires regular medical care and prescrip[87]*87tions to function at the most basic cognitive level.

This matter was originally set for trial on February 1, 1996; however, a settlement agreement was reached. The settlement documents were signed on March 1, 1996, and worker’s compensation judge approved the settlement documents on March 6, 1996. The Order approving the settlement by Judge Thompson ordered a compromise settlement of $25,000.00 and payment of all reasonable and necessary medical expenses until March 6, 2001. In addition, the defendants were ordered to pay the expenses for Ms. Weiss’s vocational rehabilitation.

On October 8, 1996,. Ms. Weiss filed a Workers’ Compensation Petition for Damages, demanding payment pursuant to the settlement agreement that was executed on March 1, 1996, between Ms. Weiss and Tokio. She filed a Motion to Enforce Settlement on January 30, 1997. The trial court, with Judge Clara Toombs presiding, summarily granted Ms. Weiss’s Motion to Enforce Settlement. On August 31, 1998, Judge Toombs required the defendants to pay all medical expenses, certain penalties and attorney fees, and interest, as well as rehabilitation expenses. This appeal follows.

J¿DISCUSSION

Nikon and Tokio have Four Assignments of Error on Appeal. They argue first, that the trial court erred by ruling on a Motion to Enforce Settlement in a summary proceeding. Second, they contend that the trial court erred when they were required them to pay all medical expenses, including expenses incurred before and after the settlement agreement. Third, they argue that the trial court erred by awarding vocational rehabilitation that is not required by the Louisiana Workers’ Compensation Law, La.R.S. 23:1226. Fourth, they contend that the trial court erred when they were required them to pay penalties and attorney fees.

First, the defendants contend that the trial court erred by summarily granting Ms. Weiss’s Motion to Enforce Settlement.

Nikon and Tokio contend that the trial court erred by summarily granting the plaintiffs Motion to Enforce Settlement. A motion for summary judgement may be granted when the moving party first presents a prima facie case that no genuine issues of material fact exist. Lozier v. Security Transfer and Investment Corp., 96-2690 (La.App. 4th Cir. 4/30/97), 694 So.2d 497. If the trial court determines that a genuine issue of material fact exists, summary judgement must be denied. Cressionnie v. Liberty Mutual Insurance Co., 98-0534 (La.App. 4 th Cir. 4/8/98), 711 So.2d 364. The appellate court should review summary judgement de novo under the same criteria that governed the trial court’s determination of whether summary judgement is appropriate. Guillory v. Interstate Gas Station, 94-1767 (La. 3/30/95), 653 So.2d 1152.

Nikon and Tokio argue that the Motion to Enforce Settlement should be considered similar to a motion for summary judgement for the purpose of making a ruling. The defendants assert that there are numerous issues of material fact in this |4case; therefore, an evidentiary hearing must be held to resolve this dispute. They cite Theatre Time Clock Co. v. Motion Picture Advertising Corp., 68-1117 (E.D.La.2/19/71), 323 F.Supp. 172, which held that a settlement agreement cannot be summarily enforced when the agreement is extremely complex and involves several issues.

Ms. Weiss, asserts that, although jurisprudence states that the court should hold an evidentiary hearing to enforce the settlement agreement, there is no requirement that an evidentiary hearing be held to enforce a settlement agreement.

The trial court summarily granted Ms. Weiss’s Motion to Enforce Settlement. The defendants did not submit any evidence to support their argument that [88]*88there existed genuine issues of material fact, which would necessitate a hearing on the claimant’s motion. The trial court, both during the two years while the motion was pending and post argument, afforded Nikon and Tokio an opportunity to present evidence of material issues of fact. They failed to produce any evidence which would necessitate having a hearing on the claimant’s motion. For these reasons, the defendants’ argument that summary proceedings were improper in this matter is without merit.

Second, the defendants argue that the trial court judgement compelling them to pay past medical expenses is beyond the scope of the settlement agreement.

Nikon and Tokio argue that the trial court erred when it compelled them to pay past medical expenses which were not specified in the settlement agreement. A settlement agreement or compromise is a contract between parties, and it is subject to the rules of conventional obligations. Addison v. Regional Transit Authority, 97-2289 (La.App. 4 th Cir. 12/3/97), 703 So.2d 810. When the words of a contract are unambiguous, explicit, and lead to no absurd circumstances, no | ¿further interpretation may be made in search of the parties’ intent. Id. The appellate court’s review is governed by the manifest error, or clearly erroneous standard in a worker’s compensation case. Miller v. City of New Orleans, 95-1005 (La.App. 4 th Cir. 12/4/95), 665 So.2d 1293. In the absence of manifest error, a trial court’s finding may not be set aside by the court of appeal unless it is clearly erroneous. Id.

The defendants contend that the settlement agreement requires them to pay all medical expenses that are reasonable and necessary and related to the original accident for five (5) years beginning with the date the settlement agreement was approved. They contend that there are no statements in the settlement agreement which indicate that they agreed to pay other past medical expenses not specifically included in the agreement.

In contrast, Ms.

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Bluebook (online)
745 So. 2d 84, 99 La.App. 4 Cir. 0111, 1999 La. App. LEXIS 3075, 1999 WL 1013004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-nikon-inc-lactapp-1999.