Meares v. Dixie Creameries, Inc.

• Decision Date: 08 November 1928
• Docket Number: 3248
• Citation: 9 La.App. 213,120 So. 133
• Court: Court of Appeal of Louisiana — District of US
• Parties: MEARES v. DIXIE CREAMERIES, INCORPORATED

120 So. 133

9 La.App. 213

MEARES v. DIXIE CREAMERIES, INCORPORATED

No. 3248

Court of Appeals of Louisiana, Second Circuit

November 8, 1928

Appeal from the First Judicial District Court, parish of Caddo. Hon Robert Roberts, Judge.

Action by John J. Meares against Dixie Creameries Incorporated.

There was judgment for plaintiff and defendant appealed.

Judgment amended and affirmed.

Craig Bolin and Magee, of Shreveport, and A. S. Drew, of Minden attorneys for plaintiff, appellee.

Blanchard Goldstein and Walker, of Shreveport, attorneys for defendant, appellant.

OPINION

ODOM, J.

The plaintiff in this suit was in charge of an ice truck, delivering ice on one of the streets in South Highlands, City of Shreveport, and, while standing on the ground at the rear end of his truck, another truck, owned by defendant and operated by one of its employees, ran against him, knocked him against the ice truck, which resulted in the breaking of both his legs just below the hips, and inflicted other injuries upon him. This was on August 19, 1926.

The case was tried before a jury in December, 1927, resulting in a verdict and judgment in favor of the plaintiff for $ 20,000.00; from this verdict and judgment, the defendant has appealed.

The defendant admits liability, but contends that the amount awarded is excessive; while, on the other hand, the plaintiff moved in this Court to have the judgment amended by increasing the award.

OPINION

The testimony shows that plaintiff was caught between the two trucks; that both legs were crushed and broken just below the hips; that he was bruised about the face and head and at many other places on the body; and that his urethra was ruptured.

Plaintiff was carried to a sanitarium, where he remained under the care of physicians and nurses for about seven months, after which he was sent to his home, where he remained in bed about four weeks. For the first few days after the accident, plaintiff was in a precarious condition, the physicians being doubtful as to his recovery. When he rallied from the shock, the physicians set his legs. For the first four or five months, there was but little, if any, improvement in the condition of his legs, the fractures not healing as expected, and the physicians suspected that the patient was suffering from tuberculosis, so he was finally removed to the roof of the sanitarium, which is specially prepared and equipped for the care and treatment of tubercular patients. Plaintiffs' legs showed considerable improvement and the fractures began to heal rapidly. During the seven months that plaintiff was in the sanitarium, he underwent some five or six operations, and, the physicians and nurses say, he suffered greatly at times.

As a result of his injuries, plaintiff was at the time of the trial in December, 1927, about a year and four months after the injury, able to walk fairly well without the use of crutches, although it seems that he carried them along to be used in case he needed them. Plaintiff testified that he...