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Williams v. Mathieu

Court of Appeal of Louisiana, Fourth Circuit

October 29, 2014

VENUS WILLIAMS
v.
DANIEL MATHIEU AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Page 55

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH. NO. 2009-01054, DIVISION " A" . Honorable Tiffany G. Chase, Judge.

EDWARD J. WOMAC, JR., BRIAN L. KING, EDWARD J. WOMAC, JR. & ASSOCIATES, LLC, New Orleans, LA, COUNSEL FOR PLAINTIFF/APPELLEE.

JOSEPH M. MESSINA, STEPHEN M. KEPPER, LOBMAN CARNAHAN BATT ANGELLE & NADER, New Orleans, LA, COUNSEL FOR DEFENDANT/APPELLANT.

(Court composed of Judge Terri F. Love, Judge Roland L. Belsome, Judge Sandra Cabrina Jenkins).

OPINION

Page 56

Sandra Cabrina Jenkins, Judge.

[2013-1373 La.App. 4 Cir. 1] This is a personal injury action arising out of a motor vehicle accident. Defendants appeal the trial court's judgment in favor of \plaintiff, awarding $83,761 in damages. For the reasons discussed below, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On January 29, 2009, plaintiff, Venus Williams, filed suit against Daniel Mathieu and State Farm Mutual Automobile Insurance Co., Mathieu's insurance carrier, in order to recover damages for injuries she sustained in a rear-end automobile accident which occurred on March 5, 2008.

Page 57

Following a bench trial, the trial court rendered judgment in favor of plaintiff and awarded $65,000 in general damages and $18,761 for past medical specials.

Defendants have filed this appeal asserting the trial court erred in: (1) awarding damages to plaintiff because plaintiff failed to satisfy her burden of proving that her injuries were caused by the automobile accident at issue; ...


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