Court: Louisiana Court of Appeal; February 25, 2014; Louisiana; State Appellate Court
Michael Hammond, the plaintiff, alleges he sustained injuries when a piece of the ceiling in his rented apartment fell on him. The apartment was rented from Ison Rahsaana in June 2007, with Hammond's rent covered by FEMA due to Hurricane Katrina, although Rahsaana did not receive FEMA payments until January 2008. Hammond reported falling sheetrock to Rahsaana in July 2007, but no repairs were conducted. On October 7, 2007, while praying, Hammond was struck by a two-foot square section of the ceiling. He sought medical treatment the following day, but a CT scan showed normal results, and no other medical records from his doctor were submitted.
Hammond later saw Dr. George A. Murphy on November 12, 2007, who noted neck and shoulder issues but did not testify at trial. Murphy diagnosed Hammond with a contusion and cervical strain and recommended an MRI, which Hammond did not follow through with. Hammond reported headaches and neck pain for about seven months following the incident.
Rahsaana testified that in late September 2007, Hammond informed her of a small leak in the ceiling, which a contractor identified but unclear repairs were made. She also witnessed Hammond in a car accident on October 5, 2007, after which he did not report any injuries. The ceiling incident occurred shortly after this accident. Hammond subsequently filed a lawsuit against Rahsaana and her insurance company for damages related to the ceiling collapse. The judgment in favor of Hammond was affirmed upon review.
On February 13, 2013, Dr. Murphy sent a letter to Mr. Hammond’s counsel stating that Mr. Hammond's medical evaluation on November 12, 2007, indicated that his injuries, including head contusions and cervical strain, were likely related to an accident on October 7, 2007. A bench trial took place on March 4, 2013, with both parties as the sole witnesses, presenting primarily hearsay evidence without objection. The court ruled in favor of the plaintiff, awarding $6,000 in general damages, $1,416.50 in special damages, judicial interest, and court costs. The trial court based its decision on limited medical records, which both parties agreed were authentic and admissible, confirming Mr. Hammond sustained a soft-tissue injury that took seven months to resolve.
The appellate court reviews factual findings for manifest error, emphasizing that a trial court's or jury's determinations should only be overturned if there is no reasonable basis in the record for the finding. The appellate court must not re-weigh evidence or substitute its findings but consider if the trial court’s conclusions were reasonable. The trial court determined that Mr. Hammond effectively proved medical causation, attributing his cervical strain to the falling ceiling rather than a prior car accident. Despite potential inconsistencies in Mr. Hammond’s claims regarding the car accident, the trial court found him credible, disregarding witness testimony from Ms. Rahsaana, which is within its discretion.
The court did not consider Ms. Rahsaana’s testimony regarding damage to Mr. Hammond's vehicle, which was cited as being on the passenger side and inoperable. There were no medical records to confirm Mr. Hammond's treatment at Tulane, nor evidence supporting his claim that all injuries resulted from a fallen ceiling, particularly since records could not have been destroyed in a hurricane preceding the incident. Mr. Hammond did not undergo an MRI as ordered by Dr. Murphy and did not return for further treatment despite claiming his injuries persisted for about seven months. Under Louisiana law, a plaintiff must establish causation by a preponderance of the evidence, and expert medical testimony is necessary for causation conclusions beyond common knowledge. Due to the timing of two accidents, Mr. Hammond needed expert testimony to differentiate the causes of his injuries, which the trial court found was sufficiently addressed by Dr. Murphy’s letter. The court determined that it was more likely than not that the October 7, 2007 incident solely caused Mr. Hammond’s injuries, despite potential contributions from the prior automobile accident. The judgment in favor of Mr. Hammond was affirmed. It was noted that a lease was signed, but its absence from the appellate record rendered Ms. Rahsaana's argument about unpaid rent as a defense moot, although it could potentially offset the awarded amounts. During cross-examination, hearsay objections regarding Ms. Rahsaana’s testimony about FEMA were initially raised but later waived after the court's inquiry.
Mr. Hammond informed Ms. Rahsaana that FEMA would cover his rent through the FEMA Rental Assistance Program when he rented her apartment. While Ms. Rahsaana had previously set up accounts with FEMA for her other rental units, Mr. Hammond insisted on managing his own account, which she allowed, trusting him to forward the funds to her. Despite their friendship and his position as a pastor, Mr. Hammond failed to pay rent from June 2007 to February 2008, leading to Ms. Rahsaana filing a reconventional demand for unpaid rent, though she did not appeal or respond to the appeal regarding this matter. The issue of unpaid rent is thus not before the court. Additionally, Ms. Rahsaana’s insurance company was granted summary judgment as it proved no personal liability coverage for the incident in question. The court expressed confusion over a trial court statement regarding the destruction of Dr. Evans’ records during Hurricane Katrina, noting that the hurricane occurred over two years before the relevant accident. Mr. Hammond communicated details of the car accident to Dr. Murphy, as referenced in a letter dated November 12, 2007. The parties agreed on the authenticity and admissibility of the medical records presented. The court is obligated to review the case based on the existing record.
