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Mack v. Imperial Fire & Cas. Ins. Co.

Court of Appeal of Louisiana, First Circuit

November 7, 2014

DEBRA MACK
v.
IMPERIAL FIRE AND CASUALTY INSURANCE COMPANY, DAVID PITRE, AND JERRY LABOUVE

On Appeal from the 32nd Judicial District Court In and for the Parish of Terrebonne. State of Louisiana. No. 162815, Division E. The Honorable Randall L. Bethancourt, Judge Presiding.

Page 692

R. Brent Cueria, New Orleans, Louisiana, Attorney for Plaintiff/ Appellant, Debra Mack.

B. Frank Davis, David M. McDonald, Metairie, Louisiana, Attorneys for Defendants/Appellees, Imperial Fire And Casualty Insurance, Company, David Pitre And Jerry Labouve.

BEFORE: GUIDRY, THERIOT, AND DRAKE, JJ.

OPINION

Page 693

[2014 0597 La.App. 1 Cir. 1] DRAKE, J.

In this action for liability and damages arising out of an automobile accident, the plaintiff appeals a judgment of the district court finding the defendants at fault and awarding general and special damages to the plaintiff. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiff/Appellant, Debra Mack, filed suit against Jerry Labouve, David Pitre,[1] and their insurer, Imperial Fire and Casualty Insurance Company, for injuries sustained in an accident on January 13, 2010. The petition alleged that Ms. Mack was a guest passenger in a taxicab driven by Mr. Labouve. As Mr. Labouve drove Ms. Mack home to her residence located on

Page 694

Southdown Mandalay Road in Houma, Louisiana, an oncoming vehicle in the opposite lane approached the taxicab as it neared a right-hand curb. As the oncoming vehicle passed the taxicab, the side-view mirror on the passenger side of the taxicab struck a trash can that had been partially placed in the roadway. As a result of the impact with the trash can, the side-view mirror struck the front passenger window, causing the glass to break. A shard of glass from the window struck Ms. Mack in her eye as she was sitting in the rear of the cab on the driver's side. Following impact with the trash can, Mr. Labouve maintained control of his vehicle and did not swerve, brake, or leave his lane of travel.

Mr. Labouve continued driving a short distance on Southdown Mandalay Road and dropped Ms. Mack off at her residence. Not long after being dropped off, Ms. Mack contacted Mr. Labouve through the taxicab dispatch and requested that he transport her to Chabert Medical Center to receive medical attention for her eye. At Chabert, Ms. Mack was diagnosed with a corneal abrasion. Medical staff [2014 0597 La.App. 1 Cir. 2] provided Ms. Mack with prescription eye drops and released her. Two days following the accident, Ms. Mack followed up on her eye injury at Chabert.

Two months later, on March 15, 2010, Ms. Mack complained of neck, lower back, and head injuries to her treating physician, Dr. John D. Olson. Dr. Olson noted that Ms. Mack's complaints were aggravations of pre-existing neck and back injuries. During his treatment of her, which began two months following the accident and continued for ...


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