John Yeager v. Allstate Ins. Co.

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

03-1609

JOHN YEAGER

VERSUS

ALLSTATE INSURANCE COMPANY AND
TERENTHIA JASWAR ADAMS

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APPEAL FROM THE
PINEVILLE CITY COURT
PARISH OF RAPIDES, NUMBER 02-0313
HONORABLE J. PHILIP TERRELL, PRESIDING

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SYLVIA R. COOKS
JUDGE
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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and
Oswald A. Decuir, Judges.

AFFIRMED.

Phillip G. Hunter
Heidel A. Schneider
Hunter & Morton
P.O. Box 11710
1916 Gus Kaplan Drive
Alexandria, Louisiana 71315
(318) 487-1997
COUNSEL FOR PLAINTIFF/APPELLEE:
John Yeager

Michael T. Johnson
Valerie M. Thompson
Johnson & Siebeneicher, Inc.
P.O. Box 648
Alexandria, Louisiana 71309
(318) 484-3911
COUNSEL FOR DEFENDANT/APPELLANT:
Allstate Insurance Company
Terenthia Jaswar Adams

COOKS, Judge.

STATEMENT OF THE FACTS

On June 1, 2001, John Yeager was driving his 1996 Nissan XE pickup truck on

Highway 71 in Pineville. He stopped at a red light and was rear-ended by a vehicle

driven by Terenthia Jaswar Adams. Ms. Adams was insured by Allstate Insurance

Company. Allstate stipulated to liability. Immediately following the accident, Mr.

Yeager presented to the emergency room of Rapides General Medical Center

complaining of pain in his back. He was treated for his back injury by Dr. Vincent

Mallory at the LSU Family Practice Center, by Dr. John Cobb, an orthopedic surgeon

and by Dr. Babson Fresh, a neurologist. On July 2, 2001, Dr. John Cobb ruled out a

herniated disc and recommended physical therapy for Mr. Yeager’s bilateral lumbar

spine pain. On July 23, 2001, Dr. Fresh examined Mr. Yeager and found tenderness

in the midline at the T12-L1 level. He determined the injury was a thoracolumbar

strain with residual pain. The “[l]ength of time to full recovery [was] not

determinable.” The record reflects Mr. Yeager underwent physical therapy at the

Louisiana Physical Therapy Clinic during the months of July and August 2001. He

remained under the primary care of Dr. Vincent Mallory. Mr. Yeager testified from

October 2001 to December 2001 he was in constant pain at night. Mr. Yeager, whose

job was to cut and haul firewood, experienced decreased stamina, and pain with over

exertion. During this time period, he was not able to lift or cut and deliver firewood.

He testified prior to his accident he was able to cut and haul firewood all day. After

the accident he was restricted to a four to five hour workday. Mr. Yeager testified his

father, a retired physician, prescribed pain and sleep medication for him during these

interim months when the pain prevented him from functioning during the day and

sleeping at night. Mr. Yeager testified he currently experiences a “dull pain” in his

lower back as a residual from the accident. Mr. Yeager incurred $4,566.00 in medical

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expenses. No claim was made for lost wages. The trial court awarded $19,000.00 in

general damages. Allstate filed this appeal asserting the amount awarded by the trial

court was excessive. We disagree and affirm the decision of the trial court.

LAW AND DISCUSSION

In his reasons for judgment, the trial court stated:

Coverage was stipulated. After carefully considering the testimony of
Mr. Yeager, which the court finds to be completely credible, in particular
his residual damages that he testified, that he still suffers pain today, but
not to the extent that he had, his medical specials were forty-five
hundred and sixty six dollars ($4,566.00), and those are awarded. After
reviewing Dr. Cobb’s report and the . . . all the medical that was
submitted, Dr. Mallory’s narrative, as well as Dr. Culvert’s, the court
finds that the appropriate general damage award in connection with this
matter is nineteen thousand dollars ($19,000.00). The court awards that,
plus the medical specials mentioned earlier, plus all costs of this
proceeding.

The trial court found Mr. Yeager a credible witness and Allstate presented no

evidence to refute his testimony regarding the degree and length of time he

experienced pain associated with the accident. The medical evidence corroborates the

testimony of the plaintiff. Credibility determinations are factual issues to be resolved

by the trier of fact and should not be disturbed on appeal absent manifest error.

Lasyone v. Kansas City Southern R.R., 00-2628 (La. 4/3/01), 786 So.2d 682. Further,

a trial court is afforded wide discretion is determining awards and will not be reversed

on appeal absent a finding of manifest error. In reviewing an award of general

damages, the appellate court reviews the exercise of discretion by the trial court.

Wainwright v. Fontenot, 00-0492 (La. 10/17/00), 774 So.2d 70. We find no abuse of

discretion on the part of the trial court in awarding Mr. Yeager $19,000.00 in general

damages. Accordingly, we affirm the judgment of the trial court.

DECREE

Based on the foregoing review of the record, we affirm the decision of the trial

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court. All costs of this appeal are assessed to Allstate Insurance Company.

AFFIRMED.

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