Court: Louisiana Court of Appeal; September 28, 1989; Louisiana; State Appellate Court
Vanessa Smith filed a lawsuit against Genieve I. Harrell and her insurer, State Farm, seeking damages for injuries from a fall through stairs at Harrell’s property in New Orleans on November 4, 1986. No witnesses saw the accident, but Gaynell Morgan, the tenant, and James Duhe responded to Smith's screams and found her injured. Smith was treated at Tulane Medical Center for a swollen ankle, abrasions, and lower back pain, and later saw Dr. Henry Evans, who diagnosed her with back pain and left knee issues, prescribing medication and physical therapy.
At trial, Harrell testified that Morgan had reported stair issues six months prior, but repairs were made only post-accident. The judge awarded Smith $3,670, including $670 for medical expenses from Dr. Evans and $3,000 for general damages. Smith appealed, arguing the damages were insufficient and did not account for additional medical expenses from other treatments related to the accident.
The trial judge discounted Smith’s testimony, citing credibility issues and inconsistencies, noting prior claims for unrelated injuries. The judge concluded that only the injuries treated by Dr. Evans were attributable to the November accident, supporting the awarded amounts. The trial court's findings regarding Smith’s credibility and the causal link between her injuries and the incident were upheld.
Following the Time Saver incident in March 1986, the plaintiff initially claimed to have a ruptured disc but later told Dr. Vogel in April 1987 that she was in good health before a fall on November 4, 1986, and denied prior injuries. Dr. Vogel performed a procedure for her disc issue in May 1987, basing his opinion on the plaintiff's reported medical history. In September 1987, the plaintiff stated in interrogatories that she had no other injuries from any accidents before the November fall, and in December 1987, she denied involvement in any other lawsuits despite an ongoing case from the Time Saver incident. The trial judge found her credibility questionable, which the appellate court deemed reasonable and upheld. The court confirmed that the injuries related to the November 4 accident were only those treated by Dr. Evans and that other injuries lacked proven causal links to this accident. Consequently, the judgment awarding the plaintiff $670.00 for medical expenses and $3,000.00 in general damages was affirmed as not manifestly erroneous.
