York v. Sedotal

281 So. 2d 170
CourtLouisiana Court of Appeal
DecidedOctober 19, 1973
Docket5218
StatusPublished
Cited by6 cases

This text of 281 So. 2d 170 (York v. Sedotal) 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
York v. Sedotal, 281 So. 2d 170 (La. Ct. App. 1973).

Opinion

281 So.2d 170 (1973)

Dorothy J. YORK
v.
Junius SEDOTAL et al.

No. 5218.

Court of Appeal of Louisiana, Fourth Circuit.

July 3, 1973.
Rehearings Denied August 21, 1973.
Writs Refused October 19, 1973.

*171 Ogden & Ogden, Charlton B. Ogden, II, New Orleans, for plaintiff-appellee.

Beard, Blue, Schmitt & Treen, George R. Blue and Melvin W. Mathes and Drury, Lozes & Curry, James H. Drury, and Madison C. Moseley, New Orleans, for Roger Seligman and Employers Commercial Union Group, defendants-appellants.

Wicker, Wiedemann & Fransen, Lawrence D. Wiedemann, New Orleans, for Junius Sedotal and Aetna Ins. Co., defendants-appellees.

Before SAMUEL, STOUGLIG and BAILES, JJ.

STOULIG, Judge.

This appeal arises from a $450,000 jury verdict to Dr. Dorothy York for personal injuries she sustained while a guest passenger in a two-car collision. Named defendants were Roger Seligman, driver of the car in which plaintiff was riding; Junius Sedotal, the other motorist; and their respective insurers. After a lengthy trial, the jury concluded Seligman's negligence was the sole proximate cause of the accident and accordingly cast him and his insurer, Employers Commercial Union Group, in judgment. These two defendants have appealed. Sedotal and Dr. York have neither appealed nor answered the appeal.

Appellants vigorously contest the fixing of liability. They urge the evidence proves Sedotal's negligence was the sole proximate cause, or alternatively, that it was a contributing efficient cause of the accident. We find no merit in either contention.

In reviewing the testimony of plaintiff and both drivers—the only eyewitnesses—we note certain inconsistencies in their respective accounts, but these are insufficient to justify our reversing the jury's factual finding on the issue of negligence under the manifest error rule. It is apparent the jury concluded the accident happened as follows:

On January 9, 1970, Seligman, having picked up plaintiff at her home to escort her to a party, was driving in the extreme right lane of South Claiborne Avenue toward downtown New Orleans. As he approached the intersection of Adams Street and in negotiating a slight left curve in South Claiborne Avenue, he partially crossed the line dividing the right and middle traffic lanes. At that point in time, the automobile driven by Sedotal was proceeding in the same direction as the Seligman vehicle, immediately to its rear in the adjoining middle lane. When Seligman's car suddenly encroached on the middle traffic lane, its left rear side came in contact *172 with the right front and side of Sedotal's automobile. The impact caused Seligman to lose control of his car, causing it to knock over a stop sign regulating traffic on Adams Street and to violently strike a telephone pole immediately beyond the intersection.

In the trial court, at the request of the plaintiff the jury was properly instructed that each driver had the burden of exculpating himself from negligence contributing toward the injuries of the innocent guest passenger. We are likewise bound by this ruling expressed in the case of Jordan v. Great American Insurance Company, 248 So.2d 363 (La.App. 4th Cir. 1971).

Since Seligman admitted his vehicle had moved from the right lane into the middle land immediately before the impact, he carried the burden of proving this maneuver had no causal connection with the occurrence. His testimony that at no time did he look to the rear before moving into the middle lane confirms his negligence. Obviously this driver failed to fulfill the duty exacted by LSA-R.S. 32:104, which requires a motorist to ascertain it is safe to change lanes without interfering with overtaking traffic. Ward v. Aucoin, 222 So.2d 628 (La.App. 4th Cir. 1969).

As to whether the other driver proved he was not a contributing proximate cause, we note his testimony of itself might be suspect were it not supported in the most crucial detail by plaintiff and Seligman. These three eyewitnesses place the Seligman vehicle partially in the right and middle lanes at the moment of collision.

According to Sedotal the sudden and unexpected confrontation of the Seligman vehicle entering his traffic lane afforded him no reasonable opportunity to take the necessary evasive action to avoid contact. The jury apparently accepted the testimony and discounted any significance to the fact that Sedotal had been drinking prior to the incident.

Finding no manifest error, we affirm the jury's conclusions on negligence.

We now turn our attention to the issue of quantum. Appellants claim that the award of $450,000 is excessive. As is usually encountered, the verdict merely sets forth the aggregate amount of the award. It does not detail either the nature of the damages recognized or the particular sums assessed. To ascertain the reasonableness of the total amount awarded, we must separately consider and evaluate the following compensable elements of damages allegedly sustained: (1) injuries, pain and suffering (past and future); (2) past and future medical expenses; (3) loss of income; and (4) loss of future earnings.

In so doing we are mindful of the Supreme Court ruling in Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963), which underlines the limitations imposed on appellate tribunals in reviewing quantum. In that case and in subsequent jurisprudence explaining its import we are reminded that LSA-C.C. art. 1934(3) gives a trial judge or jury "much discretion" in fixing quantum, and it is not our function to disturb these awards simply to achieve uniformity. We may only look to similar cases as guides in determining whether the much discretion vested in the lower court has been abused. (See Lomenick v. Schoeffler, 250 La. 959, 200 So.2d 127 (1967); Ballard v. National Indemnity Company of Omaha, Neb., 246 La. 963, 169 So.2d 64 (1964).

INJURIES, PAIN AND SUFFERING (PAST AND FUTURE)

Plaintiff was seated on the passenger side of the front seat when the Seligman car struck the telephone pole. She was briefly rendered unconscious at the scene of the accident. Due to her complaints of injury she was transported to Southern Baptist Hospital for examination.

*173 Shortly after her arrival at the hospital, plaintiff was examined and treated by Dr. Claude Williams, an orthopedist. He noted swelling of the right shoulder, superficial abrasions of the legs, and two lacerations of the lower extremities. X rays revealed a fracture and dislocation of the right shoulder. The head of the arm bone was out of the shoulder joint and the bone itself was broken just below the head. The break consisted of two major and two minor fractures. To alleviate the pain and muscle spasms and to secure a proper alignment, the injured members were placed in traction.

After several days of observation, it was determined that this method of treatment was ineffective and that surgical intervention was necessary. During the operative procedure, Dr. Williams observed bruises and bleeding of the muscle in the front shoulder joint, disruption of the attachment of the tendons to the bones, in addition to the shoulder joint dislocation and the bone broken into four fragments. Also the small muscles under the large muscle of the shoulder were pulled off and attached to small bone fragments. Nerves and blood vessels were stretched but not completely torn.

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281 So. 2d 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/york-v-sedotal-lactapp-1973.