Wilson v. Veolia Transportation Services, Inc.
192 So. 3d 245
La. Ct. App.2016Background
- On August 20, 2012, Joc-Kia Wilson, who has cerebral palsy and limited mobility, fell while boarding an RTA bus operated by Veolia when the bus wheelchair ramp rested partially on grass and partially on concrete; her motorized scooter overturned.
- Wilson sought medical treatment beginning August 24, 2012; records and an MRI (Dec. 12, 2012) showed multilevel disc bulges and strains; treating physician Dr. Cornett opined the injuries were more likely than not caused by the accidents.
- Wilson had also been in two separate motor vehicle collisions earlier in August 2012; those incidents were in the record.
- She sued Veolia (and others) in Orleans Parish Civil District Court; trial was a bench trial on Jan. 26, 2015.
- The trial court awarded $17,500 for pain and suffering and $2,370 for medical expenses, then reduced the award by 40% due to Wilson’s comparative fault (allocating 60% to Veolia, 40% to Wilson).
- Veolia appealed, arguing (1) the fault apportionment was incorrect and (2) medical expenses lacked proof they were caused by the bus accident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s 60/40 fault allocation (60% Veolia; 40% Wilson) is clearly wrong | Wilson argued the driver negligently lowered the ramp onto uneven ground, creating the hazard; driver’s placement caused the fall | Veolia contended the record does not support assigning 60% fault to it and that Wilson’s own choices caused the fall | Appellate court found no manifest error; allocation reasonable under Watson factors and affirmed 60/40 split |
| Whether $2,370 in medical expenses was proven to be caused by the bus accident | Wilson submitted certified medical bills and Dr. Cornett’s report linking treatment to the accidents | Veolia argued the record lacked evidence tying the billed treatment specifically to the bus accident | Court held the bills plus Dr. Cornett’s causation opinion and lack of contrary evidence sufficed; award of $2,370 affirmed |
Key Cases Cited
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (standard for appellate review of factual findings — manifest error/clearly wrong)
- Stobart v. State through DOTD, 617 So.2d 880 (La. 1993) (application of manifest error standard)
- Mart v. Hill, 505 So.2d 1120 (La. 1987) (two-part test for reversing factfinder)
- Watson v. State Farm Casualty Ins. Co., 469 So.2d 967 (La. 1985) (factors for allocating comparative fault)