93 So. 3d 818
La. Ct. App.2012Background
- Porsche Henderson, 17, was injured in an auto collision with Amsar Gregory, who was admitted 100% at fault.
- Henderson suffers from tinnitus and permanent partial left-ear hearing loss (30-35%).
- Trial court awarded $8,500 for certain injuries and medical expenses, but denied tinnitus/hearing loss damages.
- Judge found Henderson failed to prove causation by a preponderance of the evidence.
- Housley presumption of causation and related standards were raised on appeal; damages were later increased to $90,000 for tinnitus/hearing loss.
- Court recast the judgment to award $98,500 general damages and $7,604.18 medical expenses, affirming as amended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Housley presumption | Henderson was in good health, symptoms appeared after the accident, and causation was reasonably possible. | No evidence supports a presumption of causation without explicit linking events. | Presumption applies; causation shown on three elements. |
| Defendants' burden after presumption | Defendants failed to identify a plausible alternate cause for tinnitus/hearing loss. | Alternate incidents (Oct. 31 accident, punching incident) could have caused the condition. | Defendants failed to prove any alternate cause; presumption shift governs. |
| Causation by preponderance | Record shows more likely than not that the accident caused the condition. | Medical testimony supports alternative explanations or lack of direct link. | Henderson proved causation by a preponderance; trial court erred. |
| Damages for tinnitus/hearing loss | Permanent hearing loss and tinnitus warrant substantial general damages. | Damages should reflect limited, non-extraordinary injuries. | General damages increased to $90,000; total amended judgment to $98,500 general damages plus medical expenses. |
Key Cases Cited
- Housley v. Cerise, 579 So.2d 973 (La.1991) (three-part test for presumption of causation in injury claims)
- Detraz v. Lee, 950 So.2d 557 (La. 2007) (burdens shift after Housley presumption; rebuttal by alternative incident)
- Maranto v. Goodyear Tire & Rubber Co., 650 So.2d 757 (La.1995) (avoid speculative causation when medical testimony identifies probable cause)
- Bruce v. State Farm Ins. Co., 859 So.2d 296 (La.App.2d Cir.2003) (prescription for rebutting causation with alternative incidents)
- Green v. K-Mart Corp., 874 So.2d 838 (La.2004) (causation standard and manifest error review in personal injury)