Brown v. Grigsby

• Decision Date: 06 February 1981
• Docket Number: No. 8055,8055
• Citation: Brown v. Grigsby, 394 So.2d 847 (La. App. 1981)
• Parties: Dana Kirk "Danny" BROWN and Carolyn W. Brown, Plaintiffs-Appellants, v. Jeanette S. GRIGSBY and Casualty Reciprocal Exchange, Defendants-Appellees.
• Court: Court of Appeal of Louisiana

Page 847

394 So.2d 847

Dana Kirk "Danny" BROWN and Carolyn W. Brown, Plaintiffs-Appellants, v.Jeanette S. GRIGSBY and Casualty Reciprocal ExchangeDefendants-Appellees.

No. 8055.

Court of Appeal of Louisiana, Third Circuit.

Feb. 6, 1981.

McLure & McLure, John C. Pickels, Alexandria, for plaintiffs-appellants.

Gold, Little, Simon, Weems & Bruser, Edward E. Rundell, Alexandria, for defendants-appellees.

Before DOMENGEAUX, STOKER, and LABORDE, Judges.

STOKER, Judge.

This is a suit for personal injuries brought by a husband and wife.Their alleged damages arose out of an automobile accident which occurred on November 26, 1978, in Rapides Parish.The defendants in the case are Jeanette S. Grigsby and her insurer, the Casualty Reciprocal Exchange.Following a jury trial the trial court directed a verdict in favor of the plaintiffs on the issue of liability and submitted the question of quantum to the jury.The jury made no award of general damages to either plaintiff and awarded plaintiff-appellantCarolyn Brown special damages in the amount of $48.00 and awarded plaintiff-appellantDana Kirk"Danny" Brown special damages in the amount of $377.50.Plaintiffs-appellants have appealed from the judgment entered on this verdict.

The defendants did not admit liability nor did they seriously contest liability.The defendants do not complain here of the trial court's action in directing a verdict on the issue of liability.The defendants agree that the jury could not refuse to award general damages to plaintiffs who present objective symptoms of injury.Robinson v. General Motors Corporation, 328 So.2d 751(La.App. 4th Cir.1976)andMoss v. Security National Insurance Company, 350 So.2d 247(La.App. 3rd Cir.1977), writ denied, 352 So.2d 239(La.1977).Consequently, the issue in this appeal is limited to the question of general damages sustained by the plaintiffs-appellants and quantum award for these general damages.It devolves upon us as an appellate court to fix general damages where the jury awarded none.Under the circumstances, we are guided by the principles of Coco v. Winston Industries, Inc., 341 So.2d 332(La.1976).SeeMoss v. Security National Insurance Company, supra.

PlaintiffDanny Brown's principal claim is that he sustained psychological injuries which were caused by trauma he received in the accident and incidents which flowed therefrom.We have carefully examined the record, the expert testimony (none of which supports Danny Brown's claim), and all the arguments submitted on Danny Brown's behalf.After a full consideration of all factors and arguments in favor of Danny Brownwe have concluded that, if Danny Brown has sustained any psychological injuries or has any psychological problems, they do not stem from the accident of November 26, 1978.Hence, there is no causal connection between any psychological complaint he may have and the negligence of defendantJeanette Grigsby.Danny Brown's recovery will be confined to his physical injuries.

The accident in question was a rear-end automobile collision involving a minor impact.At some time on the day of the accident Dr. Robert K. Rush saw Danny Brown and diagnosed a cervical and lumbar strain with spasms.On the following day Dr. Rush recommended physical therapy.Thereafter Danny Brown was treated at the medical facilities at Fort Polk, Louisiana, where he was stationed.Brown's treatment and diagnosis were complicated by the fact that subjective factors soon began to play a major part in the complaints which he related to the physicians.The thesis plaintiff-appellantDanny Brown urges before us is somewhat novel.He claims to have been perfectly normal physically and mentally prior to the accident.As a result of the accident in which he sustained legitimate complaints, he expected treatment at Fort Polk.Howeve...