243 So. 3d 1286
La. Ct. App.2018Background
- July 11, 2013 motor-vehicle collision on St. Charles Avenue: defendant drove straight from a lane required to turn; plaintiff attempted a legal right turn from the left lane and struck defendant's rear — defendant cited for improper lane usage.
- Plaintiff (Levine) had a prior 2012 right-ankle injury with two surgeries (including a triple arthrodesis) and was recovering under orthopedist Dr. Ramon Rodriguez.
- After the 2013 collision plaintiff reported new or worsened ankle pain, had visible contusion, and later underwent CT scanning and a revision (third) surgery in October 2013 to address a non-union and to remove metal hardware; he subsequently had wound care and a skin graft for infection.
- Plaintiff sued for damages; after a bench trial the court awarded $87,652.20 ($37,652.20 medical specials; $50,000 general damages) and attributed 50% of the need for the third surgery to the accident but denied damages for the skin graft.
- Both parties appealed as to causation/damages (defendant did not contest liability); the appellate court reviewed whether the trial court’s factual causation findings were manifestly erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff proved causation for the third (revision) surgery and for the skin graft | Levine: established that the accident contributed to 50% of the need for the third surgery and that the skin graft was accident-related | Harris/Allstate: plaintiff failed to show the accident caused the third surgery or the skin graft; nonunion likely preexisted and caused surgery | Appellate court affirmed: trial court permissibly found 50% of the third surgery attributable to the accident (implant removal/trauma link) but reasonably declined to award damages for the skin graft due to lack of expert proof; findings not manifestly erroneous |
Key Cases Cited
- D'Angelo v. Guarino, 88 So.3d 683 (La. App. 4 Cir. 2012) (plaintiff must show it is more probable than not that accident caused subsequent injuries)
- Brewer v. J.B. Hunt Transp., Inc., 35 So.3d 230 (La. 2010) (standard for appellate review of factual findings: manifest error/clearly wrong)
- Lanasa v. Harrison, 828 So.2d 602 (La. App. 4 Cir. 2002) (trial court may accept or reject expert testimony; weight of expert evidence is for the factfinder)