TRACI L. HEBERT
BARRY'S AIR CONDITIONING, INC., ET AL.
FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-2013-3473-B HONORABLE JULES D. EDWARDS, III,
Knox Villemarette Cloyd, Wimberly & Villemarette, LLC
Defendants/Appellees - State Farm Mutual Auto Insurance
Company Barry's Air Conditioning, Inc., and BrianMeaux
Gregory A. Koury Andrew P. Hill Koury & Hill, LLC
Plaintiff/Appellant - Traci L. Hebert
composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R.
Cooks, John D. Saunders, Marc T. Amy, and John E. Conery,
ULYSSES GENE THIBODEAUX CHIEF JUDGE
Traci Hebert attempted to execute a right turn, a collision
occurred between her vehicle and a Barry's Air
Conditioning vehicle. Ms. Hebert filed suit alleging
Barry's Air Conditioning was at fault and sought recovery
for personal injuries and damage to her vehicle. Pursuant to
a bench trial, the trial court allocated 70 percent fault to
Barry's Air Conditioning and 30 percent to Ms. Hebert.
However, the trial court also held that Ms. Hebert failed to
establish a causal relationship between the accident and her
injures and dismissed her claims. It also awarded costs to
Barry's Air Conditioning. Ms. Hebert appeals the trial
court's judgment regarding causation and costs. For the
reasons that follow, we reverse the trial court's
judgment and award $50, 000.00 in damages to Ms. Hebert.
1. whether the trial court erred in finding that Ms. Hebert
failed to establish that the accident caused her injuries;
2. whether the trial court's judgment awarding
"costs associated with this matter" conflicted with
its previous ruling awarding Ms. Hebert costs for her Motions
in Limine that were granted in her favor.
AND PROCEDURAL HISTORY
action is a vehicular accident that occurred between Ms.
Hebert and Brian Meaux, a Barry's Air Conditioning's
employee. Mr. Meaux was driving a company vehicle in the
course and scope of his employment at the time of the
accident. The accident occurred as Ms. Hebert was driving on
a single lane road and attempted to make a right turn into a
parking spot. To avoid hitting a utility pole, she veered to
the left and made a wide right turn. Mr. Meaux falsely
assumed Ms. Hebert was making a left turn and attempted to
pass her on the right. The two vehicles collided. Photographs
from the scene reflect that Ms. Hebert's vehicle was
damaged on the passenger's side, and the company's
vehicle was damaged on the driver's side. The damage is
consistent with Mr. Meaux attempting to pass Ms. Hebert on
the right side.
responding officer, Tyler Ebling, did not issue a citation at
the scene. However, his supervisor, Sergeant Brent Taylor,
later ordered him to revise his report, assign fault to Mr.
Meaux, and issue a citation to him for careless operation. At
the scene, Ms. Hebert reported to Officer Ebling that the
accident caused her to hit her head on her driver's side
window. She testified that she suffered a headache because of
the accident, and experienced back and neck pain later that
after the accident, Ms. Hebert visited her chiropractor, Dr.
Tiffany Pratt, complaining of pain in her neck, back and
shoulder, and headaches. Dr. Pratt had treated Ms. Hebert
numerous times in the past for various ailments, including
neck and back pains. The day after the accident was her first
visit with Dr. Pratt in nearly eight months. Dr. Pratt
reported that Ms. Hebert had a "good prognosis"
before the accident and ...