119 So. 2d 668 | La. Ct. App. | 1960
Our original decree herein, Fla.App., 110 So.2d 169, was reviewed and reversed by the Supreme Court of Louisiana, 238 La. 551, 115 So.2d 851, and the case remanded; with instructions to this court to proceed to determine and award the measure of damages to which plaintiff is entitled.
In brief of defendants-appellees, it is asserted that forasmuch as this cause was tried before a civil jury which had been, requested by the defendants, this court should further remand to the trial court so that damages may be determined and: assessed by a civil jury. To grant such a. request could only result in further delay and in obedience to the instructions of the-Supreme Court of Louisiana, we must decline. Therefore, the only issue to be resolved by this court is the assessment of damages.
The plaintiff, a police officer of the City of Natchitoches, on January 5, 1958, was-set upon and attacked by a sixteen-point antlered deer, and as a result of this unusual and no doubt frightening experience,, he received a puncture wound into his left side and a rather severe laceration of the-right thigh, together with minor bruises,, lacerations and contusions. He was confined to the hospital from January 5th to. January 11th, and was able to return to-work on a part time basis from January 13th through the 17th, after which he was-able to fully engage in the performance of his duties as a police officer. Due to an-allergic condition Briley was subjected to> more tetanus shots than would otherwise-have been required. The laceration of the right thigh was about three and one-half inches deep, required considerable probing-to remove foreign matter, and necessitated! thirteen stitches. The puncture wound on-the left side penetrated the chest cavity and! required four stitches. Dr. R. S. Roy,, the-attending physician, was not available as a
Accordingly, it is ordered that there be judgment in favor of plaintiff, Louis R. Briley and against Leon Mitchell and Natchitoches Locker Plant, Inc., in solido, in the full sum of $1,000 together with five per cent per annum interest thereon from judicial demand until paid, and all costs.