Preuett v. State ex rel. Dept. of Highways

• Decision Date: 30 January 1953
• Docket Number: No. 7851.,7851.
• Citation: 62 So.2d 693
• Parties: PREUETT v. STATE through DEPARTMENT OF HIGHWAYS et al.
• Court: Court of Appeal of Louisiana — District of US

62 So.2d 693

PREUETT v. STATE through DEPARTMENT OF HIGHWAYS et al.

No. 7851.

Court of Appeal of Louisiana, Second Circuit.

January 7, 1953.

Rehearing Denied January 30, 1953.

Lemuel C. Parker, W. Crosby Pegues, Jr., D. Ross Banister, Philip K. Jones and Joseph A. Loret, Baton Rouge, for appellants.

Moss & Wright, Winnfield, W. T. McCain, Colfax, for appellee.

HARDY, Judge.

This is a suit by Henry A. Preuett, husband of Annilee Griffin Preuett, against the State of Louisiana through the Department of Highways of the State of Louisiana and the Department of Highways of the State of Louisiana, seeking recovery of damages in the total sum of $68.849, representing itemized hospital and medical expenses in the sum of $5,849 and future medical care in the sum of $63,000, over a fifteen-year life expectancy of his injured wife. This case was consolidated for trial and for purposes of appeal with that of Annilee Griffin Preuett against the same defendants, No. 7852 on the docket of this court, La.App., 62 So.2d 686. The exceptions and defenses on the merits urged in the latter case are identical with those which are here presented and reference is made to the opinion of this court in case No. 7852 for a determination of all the issues presented, save and except those which are hereinafter specifically noted.

After trial there was judgment in favor of this plaintiff and against the defendant, the State of Louisiana through the Department of Highways of the State of Louisiana, in the full principal sum of $9,420, from which judgment the named defendant has appealed. The appeal has been answered by plaintiff, who seeks an amendment of the judgment by increasing the same to the amount of $68,849, as originally prayed.

The original transcript as filed in this court has been lost or misplaced by counsel for defendant, and, accordingly, the matter has been submitted by stipulation on copies of the pleadings and judgment.

Plaintiff's claims are concerned with medical expenses as already incurred and estimated medical expenses to be anticipated in the future over the fifteen-year life expectancy period of his hopelessly bedridden wife. The opinion of the district judge with reference to plaintiff's claims reads as follows:

"With respect to the claim of Mr. Preuett, for expenses incurred and to be incurred, the Court finds that the following items are sustained by the proof:

                Baptist Hospital                  $2300.00
                Special nurses
                  14 days at $26.00
                  per

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