Court: Louisiana Court of Appeal; September 30, 1982; Louisiana; State Appellate Court
A lawsuit has been filed by Linda Hobbs seeking damages from George Oliver, Jr. and his insurer, State Farm Mutual Automobile Insurance Company, stemming from an automobile accident on March 4, 1978. The court awarded Hobbs $12,000 in general damages and $5,500 for lost wages, leading to an appeal on the issue of quantum.
Hobbs reported chest and wrist pain shortly after the accident, consulting her family physician, Dr. Rodney Young, on March 13. Despite multiple visits, her wrist pain was not mentioned until March 29, when she was referred to orthopedist Dr. George Cary, who diagnosed a subluxation of the extensor carpi ulnaris tendon. Dr. Young noted tenderness in Hobbs's neck, chest, and back but did not document any wrist complaints during his examinations.
The trial judge had to determine whether the wrist injury resulted from the accident, as most of Hobbs's damages were related to this issue. Hobbs’s testimony about her wrist pain was supported by her husband and a friend. Although Dr. Jung's testimony indicated that Hobbs did not mention wrist pain until her March 29 visit, the judge resolved this conflict in favor of Hobbs, concluding that her wrist injury was indeed caused by the accident.
Dr. Cary provided further evidence of ongoing wrist issues, including tenderness and a popping sensation, and treated Hobbs for an extended period. The trial court's finding regarding the cause of the wrist injury was upheld, as the appellate court found no clear error in the trial judge's assessment of witness credibility.
Plaintiff contends that the trial judge abused his discretion by not compensating her for a permanent wrist disability. The judge awarded $12,000 for pain and suffering based on Dr. Cary's testimony, which indicated no significant residual effects from treatment between March 1978 and September 1979. Dr. Cary noted some swelling and subjective discomfort but found no objective evidence of atrophy, suggesting the plaintiff had continued to use her wrist satisfactorily. He believed her condition would improve over time but acknowledged ongoing popping and discomfort. The appellate court determined that the trial court's award was insufficient given the chronic nature of the injury and increased it to $20,000.
Regarding lost wages, the plaintiff claimed her ability to work as a beautician was significantly impacted, with a reduction in workdays and a decline in income reflected in her tax returns. However, the trial judge found the evidence insufficient to attribute the income loss solely to her wrist injury, upholding a $5,500 award for lost wages based on Dr. Cary's assessment that she continued to use her wrist adequately. Citing precedent, the appellate court concluded that the trial court did not abuse its discretion in this regard. The judgment was amended to award the plaintiff a total of $25,500, including interest and costs, while affirming the decision. Chief Judge Redmann dissented in part.
