CA-0008-0567 Nonprecedential Reversed in part; affirmed in part Processed

James Corey Gribble v. Allstate Insurance Company

Louisiana Court of Appeal, Third Circuit · Filed November 5, 2008

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

08-567 consolidated with 08-566

JAMES COREY GRIBBLE

VERSUS

ALLSTATE INSURANCE COMPANY, ET AL

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APPEAL FROM THE
LAKE CHARLES CITY COURT
PARISH OF CALCASIEU, NO. 05-2190 C/W 05-2189
HONORABLE JOHN S. HOOD, CITY COURT JUDGE

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ELIZABETH A. PICKETT
JUDGE

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Court composed of Jimmie C. Peters, Elizabeth A. Pickett, and J. David Painter,
Judges.

REVERSED IN PART; AFFIRMED IN PART.

Clifford L. Newman
The Newman Law Firm
1925 Enterprise Blvd.
Lake Charles, LA 70601
Counsel for Plaintiff/Appellee:
James Corey Gribble

Mesonie T. Halley Jr.
Law Offices of Harold G. Toscano
One Lakeshore Dr., Suite 1710
Lake Charles, LA 70626
(337) 497-0039
Counsel for Defendants/Appellants:
Allstate Insurance Company and
Sally C. Daigle

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Pickett, J.

These two consolidated cases arise out of a rear-end collision on Lake Street

in Lake Charles on October 20, 2004. In this case, James C. Gribble, the driver of the

lead vehicle, sued Sally C. Daigle, and her insurer, Allstate. The trial court found

Gribble 75% at fault in the accident and Daigle 25% at fault. The trial court awarded

Gribble $2,576.55 in property damages, $2,637.92 in medicals, $2,257.50 in past lost

wages, and $5,000.00 for pain and suffering. Each award to Gribble was reduced by

75%, the percentage of Gribble’s fault in the accident. Daigle and Allstate appeal

arguing the following assignments of error: (1) the trial court erred in making an

award to Gribble for property damages in that Gribble admitted he had already been

paid these damages; and (2) the trial court erred in awarding Gribble lost wages

inasmuch as he introduced no independent, supporting documentation of this claim.

For the reasons set forth in the companion case number 08-566 rendered this day, we

reverse the property damage award to Mr. Gribble, and we affirm the award of past

lost wages to Mr. Gribble. Each party to bear his/her own costs of appeal.

REVERSED IN PART; AFFIRMED IN PART.

p. 3