Smith v. Escalon
117 So. 3d 576
La. Ct. App.2013Background
- On November 30, 2009 Troy Smith was rear-ended by Mark S. Escalón while Escalón drove an employer-owned pickup; the parties stipulated Escalón was solely at fault.
- Smith (age 79 at the accident) had a prior history of back problems and vertebroplasty for compression fractures but testified he had been pain-free for months before the crash.
- After emergency-room treatment the day of the accident, Smith pursued physical therapy and was later seen by pain specialist Dr. James Gordon, who testified the accident aggravated preexisting spinal degenerative changes; Smith declined further invasive treatment.
- The case was tried on damages only; at trial Smith and his wife testified about ongoing limitations (reduced ability to stand, do yard work, and household chores).
- Trial court awarded $20,000 general damages to Smith, $6,316.81 in special/out-of-pocket and medical expenses, $694.25 litigation expenses, and $1,000 to Mrs. Smith for loss of consortium; defendants appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| General damages — compensation for pain, suffering, loss of enjoyment | Smith: accident aggravated prior condition and caused continuing limitations and pain | Defendants: injuries were minor/soft-tissue, preexisting condition caused symptoms, pain resolved within six months | Court: affirmed $20,000; record supports aggravation, ongoing limitations, and trial court did not abuse discretion |
| Special damages — medical bills attributable to accident | Smith: ER visit, MRI, PT and pain-care bills were for treatment caused by the accident; MRI ordered by treating doctor | Defendants: bills from hospital, Green Clinic, and PT not proven to be due to the accident; only Dr. Gordon’s treatment supported | Court: affirmed special damages; medical records, MRI report, and testimony tie those bills to accident treatment |
| Rental car expense — amount awardable without receipts | Smith: rented replacement car for 3–4 days and testified to approximate $241 cost | Defendants: no invoice/receipt proving actual amount paid | Court: affirmed $241 award; plaintiff’s testimony provided sufficient proof by preponderance |
| Loss of consortium — compensable elements proven | Mrs. Smith: testified husband could no longer perform yard work and most household chores, altering their lifestyle | Defendants: no evidence of loss of love/affection or other consortium elements | Court: affirmed $1,000; proof of loss of services/society sufficient to support award |
Key Cases Cited
- Wainwright v. Fontenot, 774 So.2d 70 (La. 2000) (defendant takes victim as found; full indemnification for damages)
- Duncan v. Kansas City Southern Railway Co., 773 So.2d 670 (La. 2000) (definition and scope of general damages)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (trial court’s vast discretion in awarding general damages)
- McGee v. A C & S, Inc., 933 So.2d 770 (La. 2006) (pain and suffering components explained)
- Miller v. Lammico, 973 So.2d 693 (La. 2008) (loss of enjoyment/quality of life as element of general damages)
- Caskey v. Merrick Const. Co., Inc., 86 So.3d 186 (La. App. 2d Cir.) (aggravation of preexisting condition and causation requirements)