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Tacker v. La. Farm Bureau Ins. Co.

Court of Appeal of Louisiana, Second Circuit

November 26, 2014

LILLIE TACKER, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, CHLOIE YVAINNE TACKER, Plaintiff-Appellant
v.
LOUISIANA FARM BUREAU INSURANCE COMPANY AND PINKY TELL, Defendant-Appellee

Appealed from the Second Judicial District Court for the Parish of Claiborne, Louisiana. Trial Court No. 101,714. Honorable Jenifer Ward Clason, Judge.

STREET & STREET, By: C. Daniel Street, Counsel for Appellant, Lillie Tacker, individually and on behalf of her minor child, Chloie Yvainne Tacker.

COTTON, BOLTON, HOYCHICK & DOUGHTY, L.L.P., By: John B. Hoychick, Counsel for Appellees, Louisiana Farm Bureau, Casualty Insurance Company, Pinky Tell, Johnny Tell, and Jonvontae Tell.

Before STEWART, DREW and MOORE, JJ.

OPINION

Page 719

[49,522 La.App. 2 Cir. 1] DREW, J.

The sole issue in this appeal is whether the trial court erred in rejecting Lillie Tacker's claim for damages suffered in a motor vehicle accident. The trial court found that Tacker lacked credibility and failed to meet her burden of proof that she sustained any injuries in the wreck.

For the following reasons, the judgment is reversed in part and plaintiff is awarded special damages incurred on the date of this accident and modest general damages for her soft tissue injury. The judgment is affirmed in all other respects,

On November 2, 2010, Lillie Tacker and her minor child[1] were in an automobile collision which was caused by the sole negligence of the other driver, Jonvontae Tell.[2] Tell was driving a 1991 Geo south on Pelican Drive (the inferior street) and disregarded a stop sign as he entered North Main Street (the superior street) in Homer. Tacker was driving a 1992 Chevrolet pickup truck west on North Main and was struck by Tell's vehicle. The trial court correctly ruled that the accident resulted solely from the negligence of Tell. That ruling was not appealed and causation is not at issue in this appeal.

Plaintiff's lack of credibility is well supported throughout this record. Nonetheless, the record also reveals emergency room records from the date of the accident documenting that the attending physician observed muscle spasm and prescribed pain medications for her. For this reason, the [49,522 La.App. 2 Cir. 2] judgment is reversed in part to award plaintiff $832.00 for medical expenses incurred the day of the accident and $1,500.00 for soft tissue injury sustained in the accident.

TRIAL AND EVIDENCE

The trial took place on February 7, 2014. The trial court found the accident was caused by Tell's failure to yield and that Tacker was not at fault in the accident. Tacker presented special medical damages of $11,968.30[3] and sought damages for pain and suffering.[4]

Page 720

Plaintiff was in a second car crash on April 11, 2011.[5] She complained of the same injuries from each wreck, though she also claimed that her chest was crushed in this second wreck. ...


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