Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hillman v. Seneca

Court of Appeals of Louisiana, Third Circuit

October 3, 2018

MATTHEW A. HILLMAN
v.
COREY SENECA ET AL.

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-2017-265 HONORABLE MICHELLE BREAUX, DISTRICT JUDGE

          Adam G. Young Young, Cotter & Meade, LLC COUNSEL FOR PLAINTIFF/APPELLANT: Matthew Hillman

          Court composed of Sylvia R. Cooks, John D. Saunders and Elizabeth A. Pickett, Judges.

          SYLVIA R. COOKS JUDGE.

         FACTS AND PROCEDURAL HISTORY

         Matthew Hillman (Plaintiff) filed suit against Corey Seneca (Defendant) and an unknown insurance company seeking damages for injuries sustained as the result of an unprovoked attack upon Plaintiff. Defendant did not file an answer to the petition. Plaintiff obtained a default judgment and confirmed the judgment after a hearing on the matter. The evidence presented at the confirmation hearing in support of Plaintiff's claims consisted of Plaintiff's testimony and the "Sworn Narrative [Statement] of Treating Dentist," Dr. Adrian M. Simms, DDS.

         Plaintiff testified at the hearing giving his account of the attack and explaining his injuries. He testified he did not provoke the incident. His injuries required emergency medical treatment at Our Lady of Lourdes Hospital immediately following the attack. Plaintiff needed fifteen stitches to repair the damage to his upper lip. He visited his dentist two days after the incident, at which time he says Dr. Simms diagnosed a fracture to the backside of two of his front teeth. He made two additional visits regarding his injuries. According to this testimony, Plaintiff understood that the injury might heal on its own but only time would tell. As of the date of the hearing Plaintiff's injuries were not healed. Plaintiff explained he could not eat solid food for two months and endured "a great amount of pain and suffering or anguish because of [his] injury" and was still experiencing some level of pain as of the date of the hearing. He was unable to work his regular job as a private pilot for two months. Plaintiff testified his bill for the emergency room was $1, 500 and his "out of pocket cost" for the dentist was "about $1, 200."

         Dr. Simms' written statement sets forth the following undisputed facts which corroborate Plaintiff's testimony:

1. Dr. Simms is a doctor of dental surgery and is a "Master of the Academy of General Dentistry."
2. He treated Plaintiff for injuries described in Plaintiff's petition beginning on January 4, 2017.
3. Plaintiff was "hit in the mouth with great force."
4. Plaintiff sustained fractures to two of his teeth referred to as "#24 and $25 [sic]."
5. Plaintiff's injuries to his teeth will require treatment at a cost of $2, 590.

         The trial court awarded a total of $5, 394.19 in damages itemized ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.