172 So. 3d 655
La. Ct. App.2015Background
- Tort suit for personal injury and property damage arising from a collision between a pickup and a garbage truck on Carrollton Ave., New Orleans, near Burger King, Aug. 10, 2009.
- Plaintiffs: Bazzel Hamdan (driver), Mazen Hamdan (front-seat passenger), Alvin Watson (rear-seat passenger), Muhiden Hamdan (owner).
- Defendants: Gregory Hicks (garbage-truck driver) and IESI LA Corporation (employer); suits consolidated; trial court found Hicks 100% at fault.
- Trial court awarded damages to Hamdan, Watson, and Hamdan (property damage).
- On appeal, IESI challenges liability and damages; appellate court reallocates fault and modestly reduces damages, affirming the judgment as amended.
- Key evidence included a photograph of the scene; conflicting testimony from Hicks and Hamdan; bus lane vs. travel lanes around Burger King; no other witnesses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability allocation between Hicks and Hamdan | Hamdan argues Hicks obstructed three lanes and failed to yield | Hicks asserts he had time and duty to enter safely; Hamdan failed to see the truck | 80% Hicks, 20% Hamdan |
| Relation between injuries and the accident | Hamdan and Watson prove aggravation of preexisting injuries due to the crash | No clear causal link shown between accident and injuries | Causation established for aggravation; injuries tied to accident; no manifest error |
| General damages adequacy for Hamdan and Watson | Trial court erred in awarding excessive general damages | Awards were supported by medical bills and testimony; no abuse of discretion | Hamdan general damages reduced to 24,000; Watson reduced to 15,000; awards remitted within reasonable discretion; overall damages adjusted proportionally to fault reallocation |
| Property-damage award for Ms. Hamdan deductible | Deductible amount supported by insured policy and ownership | No testimony on payment of deductible; not proven | Deductible award of 500 affirmed (no manifest error) |
Key Cases Cited
- Clement v. Frey, 666 So.2d 607 (La. 1996) (allocation of fault; deference to trial court; manifest error standard)
- Duncan v. Kansas City S. Ry. Co., 773 So.2d 670 (La. 2000) (fault allocation; deferential standard of review; Watson factors)
- Watson v. State Farm Fire & Casualty Ins. Co., 469 So.2d 967 (La. 1985) (five Watson factors guiding fault assessment)
- Zito v. Advanced Emergency Med. Servs., Inc., 89 So.3d 372 (La. 2012) (manifest-error review of liability findings; appellate deference)