Young v. Joy

30 So. 3d 1116, 9 La.App. 3 Cir. 756, 2010 La. App. LEXIS 142, 2010 WL 364176
CourtLouisiana Court of Appeal
DecidedFebruary 3, 2010
DocketCA 09-756
StatusPublished
Cited by2 cases

This text of 30 So. 3d 1116 (Young v. Joy) 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
Young v. Joy, 30 So. 3d 1116, 9 La.App. 3 Cir. 756, 2010 La. App. LEXIS 142, 2010 WL 364176 (La. Ct. App. 2010).

Opinion

EZELL, Judge.

11 Cindy Young appeals the decision of the trial court awarding her $22,524.24 as a result of a car accident with Irvin Joy. For the following reasons, we hereby affirm the decision of the trial court.

On November 14, 2005, Ms. Young was involved in a motor vehicle accident with Mr. Joy. As a result of the accident, she sustained neck and shoulder strains. Liability was stipulated to by the Defendants, Mr. Joy, Avis-Rent-A-Car Systems, and Pathfinder Insurance (hereinafter the Defendants). Only the damages incurred by Ms. Young were before the trial court. Despite fourteen months of treatment with her physician, Dr. Brian Wilder, the trial court found that because Ms. Young had failed to mitigate her damages, she suffered only a six-month injury. He awarded her $7,500.00 for pain and suffering damages, $2,500.00 for future pain and suffering, $4,171.50 in lost wages, $1,218.00 in expert fees for the testimony of Dr. Wilder, and $7,134.74 in medical damages. The medical damage award did not award her any damages for treatment received beyond six months after the accident. From this decision, Ms. Young appeals.

*1119 Ms. Young asserts eight assignments of error on appeal. She claims that the trial court erred in finding that she suffered only a six-month soft tissue injury; that the trial court erred in finding she failed to mitigate her damages; that the trial court erred in awarding only $7,500.00 in pain and suffering damages; that the trial court erred in awarding only $7,134.74 of $10,223.99 in medical bills incurred; that the trial court erred in failing to award $1,217 to her for failed mediation costs; that the trial court erred in failing to award her children loss of consortium damages; that the trial court erred in allowing evidence of her substance abuse and treatment; that the trial court erred in finding that Ms. Young had a “serious problem with abusing ^prescription medication prior to the accident.”

We will first address Ms. Young’s claims that the trial court erred in allowing evidence of her substance abuse into the record and in finding that she abused prescription drugs prior to the accident, as our rulings on these issues greatly affect our findings on her other assignments of error.

The district court is awarded vast discretion in its decisions on evidentiary rulings, and its decision to admit or exclude evidence will not be reversed on appeal absent a clear showing of abuse of that discretion. Foster v. Rabalais Masonry, Inc., 01-1394 (La.App. 3 Cir. 3/6/02), 811 So.2d 1160, writ denied, 02-1164 (La.6/14/02), 818 So.2d 784. Ms. Young argues that a federal statute, 42 U.S.C. § 290(a)(a) through 290(f)(f), prohibits the disclosure of records relating to substance abuse treatment. However, this argument is of no moment as the records of Savoy Medical Center relating to her substance abuse were admittedly obtained via Ms. Young signing a medical records release specifically allowing the release of medical records protected under federal law, including records dealing with “drug abuse.” She simply cannot hide behind federal law when she specifically waived that protection by signing the waiver allowing the release of those records.

Additionally, Ms. Young objected that the records were irrelevant to the proceedings below. Again, we disagree. The records detail a serious substance abuse problem that Ms. Young fought with for a prolonged period of time. The fact that she was addicted to the exact prescription drugs she received as part of her treatment for the injuries sustained in this accident, as well as the depth of that addiction, is completely relevant to the veracity of her claims of pain following the accident. We cannot disagree with the trial court that evidence of Ms. Young’s substance abuse problem is relevant to this case.

| -¡Finally, Ms. Young argues in brief that language in the medical record constitutes hearsay evidence. However, “[t]o preserve an evidentiary issue for appellate review, it is essential that the complaining party enter a contemporaneous objection to the evidence or testimony, and state the reasons for the objection.” LaHaye v. Allstate Ins. Co., 570 So.2d 460, 466 (La.App. 3 Cir.1990), writ denied, 575 So.2d 391 (La.1991). Ms. Young did not properly preserve this issue by objecting at trial. Thus, it is not now before us, and we decline to consider it. The trial court did not abuse its discretion in admitting Ms. Young’s medical records dealing with her history of substance abuse.

Having determined that the trial court properly admitted evidence concerning Ms. Young’s prescription drug abuse problem, we next turn to her claim that the trial court erred in finding that she suffered from drug abuse prior to the accident.

*1120 A trial court’s findings of fact will not be disturbed on appeal unless the reviewing court finds that they are clearly wrong or manifestly erroneous. Stobart v. State, Through Department of Transportation and Development, 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989). Under the manifest error standard, the criterion is whether the trial court’s findings are reasonable; even if the appellate court feels its own evaluation of the evidence is more reasonable, the findings of the trial court cannot be reversed if they are, in fact, reasonable. Lewis v. State through Department of Transportation and Development, 94-2370 (La.4/21/95), 654 So.2d 311. In other words, the appellate court may not i’everse simply because it is convinced that, had it been sitting as a trier of fact, it would have ruled differently. Orea v. Scallan, 32,622 (La.App.2d Cir.1/26/00), 750 So.2d 483. A finding of fact by a trial court should be upheld unless it is clearly wrong. Madison v. Thurman, 32,401 (La.App.2d Cir.10/27/99), 743 So.2d 857.

Mayzel v. Gould, 44,081, p. 5 (La.App. 2 Cir. 2/25/09), 4 So.3d 979, 982.

Records from both the Savoy Medical Center and Allen Parish Hospital indicate that Ms. Young not only started abusing prescription drugs several years prior to the accident, but that she had been taking between twenty and thirty-five Lortabs per day for at least two years prior to the accident. Some of the records ^indicate that she may have had this problem as early as four years before the accident. Ms. Young admitted that she abused Lor-tabs, and pharmacy records show her filling prescriptions for the drug throughout 2004 and 2005 before the accident. The evidence in the record overwhelmingly indicates that Ms. Young had a serious drug problem prior to the accident. Ms. Young’s claim that the trial court erred in that finding is without merit.

Because they are so closely interwoven, we will next address Ms. Young’s claims regarding the trial court’s findings that she suffered only a six-month injury and that she failed to mitigate her damages together.

The medical records of Dr. Wilder show that Ms. Young suffered a cervical and shoulder strain as a result of the accident. Dr. Wilder ordered Ms.

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Bluebook (online)
30 So. 3d 1116, 9 La.App. 3 Cir. 756, 2010 La. App. LEXIS 142, 2010 WL 364176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-joy-lactapp-2010.