Michael Wayne Webster, Daffaney Webster and Lawanda Webster VS Sallie J. Ballard and Farmers Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2005 CA 2247 MICHAEL WAYNE WEBSTER DAFFANEY LA WANDA WEBSTER WEBSTER VERSUS SALLIE J BALLARD FARMERS INSURANCE COMPANY Judgment Rendered On Appeal MAR 2 2007 from the 19th Judicial District Court in and for the Parish of East Baton Rouge State of Louisiana Trial Comi No 524 592 Honorable Donald R Johnson Doug Rouge LA Webster Attorney J ames Eric Johnson Baton for Plaintiff Appellee Michael Wayne Webster Daffaney Attorney G Sweson Baton Judge Presiding Lawanda Webster for Defendant Sallie J Ballard Rouge LA Farmers Ins Company BEFORE BAGNERIS Appellant KIRBY AND BELSOME Defendants Jt trial appeal the Company court award s and Ballard Sallie Appellants Plaintiffs to Insurance Appellees for We affirm the propeliy damage deductible and special damages as Farmers a judgment amended FACTS AND PROCEDURAL HISTORY July On 24 2004 an automobile accident occurred trial and judgment awarded were was and general the On June 6 2005 and Sallie Ballard Appellees Lawanda Webster and Wayne Webster Daffaney Webster rendered for Appellees special damages to involving Michael went to case The trial court Appellees The collectively a bench subsequently special damages awarded for medical expenses incurred and for reimbursement of however to demonstrate that the of their claim for the property judgment regarding was to signed Moreover 5 000 00 and to Michael special damages Lawanda Webster 8 August Wayne Daffaney Webster in the amount of on special damages The comi awarded Michael damages entitled 5 000 00 and in the to for This Webster the award of Webster submitted reimbursement did not state damages appeal in the amount of a 1 followed 3 525 00 for special damages 3 010 00 and 500 00 general damages in the amount of Daffaney Webster general special damages in the amount of 3 010 00 amount of 7 500 00 and special damages in in the amount of general damages 2005 in the amount of Wayne was Appellees damage deductible in their petition the award of medical expenses awarded evidence were Appellees property damage deductible A No property damage deductible Appellees the anlount of 3 765 00 2 3 525 00 awarded Webster Daffaney to Michael and Webster Wayne as damage deductible reimbursement for their State Farm property STANDARD OF REVIEW A trial comi is allowed vast discretion with Theriot award of See e Allstate Ins v 625 So 2d 1337 Co is special damages Harvey g v and a abuse of discretion standard Orleans New Likewise unless in the trial a 2004 2006 trial comi manifestly light comi s See clearly g Rico 4 Cir App Id 3 8 06 Finally appellate prevailing party wrong with and Water Bd Sewerage v So 2d 929 of fact will not be disturbed findings most favorable to the was e regard to appeal on 4 Cir 123 02 App La s award is reviewed under the general damages La erroneous 15 16 A trial comi standard error awards damage La 1993 1340 manifest Cole 2000 1849 pp 783 808 So 2d 771 to the subject to regard its comis when on 146 appeal examine evidence deciding Theriot findings 143 Of whether the 625 So 2d at 1340 DISCUSSION The first two admitting non assigmnents of celiified medical expense Wayne and Daffaney Webster medical expense and expenses were or as a recapitulations Daffaney Webster trial but enol not as by were an the trial recapitulations result of the accident identified such when identified asseli that they expeli treatment either at trial or by were nor ened comi issued to Michael The Michael celiified non Wayne Webster admitted into evidence did any doctor by deposition 2 by testify Appellees as at to the therefore 2 The medical records and expense recapitulations for plaintiff Lawanda Webster from the same clinic were certified and were accordingly admitted into evidence without any objection Webster Additionally were medical records from other certified and also admitted without 3 sources objection for Michael and Daffaney medical bills assert that the their Daffaney Webster although Pursuant certified LSA R S to signed by or the hospital and are the administrator submitted to a bills medical narrative chmi or chmi medical narrative either are prima facie pmiy against whom the such court by record is sought as to making the original and examine those summon records that the medical records librarian of that the provided of its contents not similar court shall be received in evidence proof were medical or overlapping Michael Wayne Webster and alleged injuries 13 3714 show they unreliable because treatment for both nearly identical dates and are record or be used may of the bills witnesses under as cross examination LSA R S 13 3714 A In this the trial court allowed the case evidence after Mr Webster to permitting Appellants objections facts of White by Defendant s the should hospital copy of a be objection and permitted to expenses pursuant similarly found that may a La trial over the bill although evidence into Plaintiff to testify regarding 1 Cir 1974 App hospital Additionally that evidence plaintiffs 863 allowed the at is somewhat similar to the case 303 So 2d 861 where this Comi detennined that celiified verify the records We find that this Washington v celiified medical bills into non over not the medical recover other circuits have their own medical bills 3 and treatment 3 w is See e g Daspit v Barber 786 2d So 962 969 La App 4 Cir 2001 ho1ding that here the medical bills are clearly cOlmected to the accident at issue and where there no substantial regarding receipt conflicting medical bills in order 398 bills 401 at La App trial as evidence to the ofthe bills and treatment to prove 4 Cir 1988 testimony contrary the cost of the treatment holding that where the Jackson plaintiff proof of the cost of her treatment such evidence plaintiff s testimony regarding her from Mr Despit is sufficient to allow the introduction of the treatment 4 and not v Tyson 526 2d So identified her medical was not the bills hearsay and that prove the fact of Likewise in this to Michael Wayne overruled the to Daffaney Webster at the they received and treatment that objected only or Appellants did case and awarded the full amount certified The trial court recapitulations into evidence not were the expense of the expenses documented chiropractic summaries submitted and verified in the amounts testimony verifying s Family Chiropractic Clinic but rather the fact that the bills objections allowed contradictory evidence offer not court the on and by Michael Wayne Webster Daffaney Webster In this behalf of comi s the admission of the medical expense case Daffaney and Michael Webster is Under these facts discretion manifestly submitted In this treatment the medical the medical bills cross Appellees testified as examine Plaintiffs Guillory 1989 v and Fowler treatment v plaintiffs submitted to the were Co trial comi was bills to prove the cost treatment allowed the 542 So 2d 850 before the medical bills Roberts treatment matter of the trial the medical on on based on of their oppOliunity to regarding the reasonableness of the medical bills 526 531 So 2d 257 writ denied 531 for Appellants Shelter Mut Ins Additionally based were personal knowledge own See case a cannot say that the awarding damages in erroneous we ultimately recapitulations were 2d So 2d So 266 279 278 ajJ d not inadmissible 852 La admitted into evidence were La App 2 Cir 1988 556 2d So hearsay 3 Cir App 1 but holding were writ granted that medical bills evidence of medical Cir expenses incurred for treatment Howery v Linton 452 So 2d 295 296 La App 2 1984 holding that pursuant to a trial court s great discretion in assessing personal injury damages a hospital and ambulance bill that were not inadmissible hearsay and were special damages Daspit case supra bills were properly excluded from evidence by properly admitted to establish We note that in the to establish alleged were a ultimately and that accordingly the trial court had Daspit do not asseli that the bills from no question concluding Family Chiropractic 5 plaintiff and the basis for 786 So 2d at 969 the automobile accident held that the medical the trial court because the causal connection between the accident in related to the accident Appellants the court In this Clinic failed injury he that the bills case were however unrelated to both Daffaney and Michael Webster testified resulting injuries the automobile accident their their in this thus injuries foundation for As not attempted damages our specifically to the La the trial comi evidence such We note connexity error if any awarded from the the amounts In the third 691 So 2d 786 by the trial court special damages the bills that assigmnent of 500 00 were enol in maintain that the property damage claim Insurance and State Farm with was s have 790 as special to substitute Hosp Foundation we find that a calculation Because based on was a a even we if was different the medical expense we amend the judgment 4 argue that the trial comi for a damages claim for Appellants arbitrated between Farmers decision unfavorable to the Appellees admitted into evidence for Michael Webster was admitted into evidence for 3 635 00 6 the find that the trial admitted into evidence petition enol slightly propeliy damages when not asserted in the The amOlmt of the bill that case certified medical bills into Appellants was 3 865 00 the amount of the bill that 542 harmless property damages 4 non in this position a Women v Family Chiropractic Clinic on awarded not in proper Guillory the trial court admitted into evidence reflect were comi intended to award recapitulations See a reasonableness of any or that the trial comi made however amount than that was by we are erroneously admitted the medical bills that erroneously because Finally treatment for subsequent Appellees established and allowed 1 Cir 3 27 97 App and sunounding events Guillory Appellants for that of the trial court Hoot 96 1136 to reflect find that attack the Plaintiffs Id at 853 judgment we the scenario in was to charge billed case the to the medical bills into evidence admitting So 2d at 852 as Daffaney was Webster 5 it appears that the actual amount of the Moreover msurer damage deductible according Farm specific request to arbitration submitted Pursuant to LSA C C P 500 00 not 250 00 was to records ari propeliy by State 1154 a for reimbursement of the deductible need not have been made in the Plaintiff s petition Article 1154 in relevant provides pari by the pleadings are tried by express or implied consent of the parties they shall be treated in all respects as if they had been raised by the pleading Such amendment of the pleadings as may be necessary to cause them When issues raised not and to raise these issues may be of any pariy at any time even after to conform to the evidence made motion upon judgment but failure to the trial of these issues the ground that it is not so amend does not affect the result of objected If evidence is within the issues made to at the trial on by the pleadings the comi may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party court that the admission of such evidence would in defense maintaining his action LSA C C P art 1154 In this or for reimbursement the merits emphasis added Appellants did case on satisfy the prejudice him fails to of the not timely object to the Plaintiffs request propeliy damage deductible permit expansion of However pleadings while it cam10t be Louisiana jurisprudence construed to allow this the record demonstrates that the actual amount of the Plaintiffs case deductible is judgment 5 to may an enoneous 250 00 not reflect the award for 500 00 conect a propeliy damage deductible Accordingly amount of we In amend the trial court s 250 00 The arbitration decision states that State Farm failed to sustain the bmden of proof that there were no were conflicting independent statements as to how the accident occmred witnesses to the accident 7 and that there CONCLUSION The trial court damages awarded awarded the to to s judgment the deductible for the hereby amended Michael Webster Daffaney Webster Appellees is are 3 865 00 are 3 635 00 property damages are as and the amended to follows the the special special damages damages awarded reflect the amount of 250 00 JUDGMENT AFFIRMED AS AMENDED 8 to
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