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.

Martinez v. Trevor M. Wilson

Court of Appeals of Louisiana, First Circuit

September 27, 2019

RYAN M. MARTINEZ
v.
TREVOR M. WILSON, CHEVY'S INC., ABC INSURANCE COMPANY AND DEF INSURANCE COMPANY

          Appealed from the Twenty-First Judicial District Court In and for the Parish of Tangipahoa State of Louisiana Suit Number 2008-0000664

          Paul A. Lea, Jr. Covington, LA Counsel for Plaintiff/Appellee Ryan M. Martinez

          Nicole R. Dillon Glen R. Galbraith Hammond, LA Counsel for Defendant/Appellant Trevor M. Wilson

          BEFORE: WHIPPLE, C.J., GUIDRY, AND CRAIN, JJ.

          GUIDRY, J.

         In this personal injury action, defendant, Trevor Wilson, appeals from a judgment of the trial court awarding plaintiff, Ryan Martinez, damages in the amount of $35, 128.66. For the reasons that follow, we affirm.

         FACTS AND PROCEDURAL HISTORY

         On October 12, 2007, Martinez was a patron at Chevy's, Inc. (Chevy's). While attempting to break up a fight between his friend, Christopher Forvendel, and Wilson, Martinez was struck in the face. Thereafter, on February 29, 2008, Martinez filed a petition for damages, naming Wilson, Chevy's, and their respective insurers as defendants. Martinez alleged that Wilson punched him in the left cheek, resulting in a mandible fracture, which required his jaw to be wired shut for approximately eight weeks and resulted in him losing thirty pounds, rendered him unable to eat solid foods, prevented him from speaking, prevented him from working, and forced him to drop two classes in which he was enrolled as a student. Martinez asserted that Wilson was liable for battery, entitling him to damages, including without limitation, present and future medical expenses, loss of income, and mental pain and suffering.[1]

         Thereafter, counsel for Martinez filed a motion for preliminary default, which the trial court granted on May 27, 2008. Following a hearing to confirm the default judgment, the trial court signed a judgment in favor of Martinez, awarding him special and general damages. Wilson appealed the trial court's judgment to this court, and we vacated the judgment, finding that Martinez had failed to produce sufficient evidence to establish a prima facie case, and remanded the matter to the trial court for further proceedings. Martinez v. Wilson. 15-0384, pp. 6-7 (La.App. 1st Cir. 12/17/15), 185 So.3d 65, 69.

         On January 4, 2016, Wilson filed an answer to Martinez's petition, denying the allegations and raising affirmative defenses, including self-defense, failure to mitigate damages, and comparative fault of Martinez, Forvendel, and Chevy's. Following a one-day bench trial, the trial court signed a judgment on January 12, 2017, in favor of Martinez and against Wilson, finding Wilson was an intentional tortfeasor pursuant to La. C.C. art. 2323, and awarding damages (special and general) to Martinez in the amount of $35, 128.66. In reasons for judgment issued on January 31, 2017, the trial court noted that its reference to La. C.C. art. 2323 was in error, and found Wilson to be 100 percent at fault. On the same date, the trial court signed an amended judgment, finding in favor of Martinez and against Wilson and again awarding damages (special and general) to Martinez in the amount of $35, 128.66, but stating that Wilson is to be given credit for any restitution he has previously paid to Martinez in connection with this matter.

         Thereafter, Wilson filed a motion and order of appeal. However, since the amount of the credit was not apparent from a reading of the judgment, this court found the amount of damages was not stated with certainty and precision, and the January 12, 2017 judgment was not a valid, final judgment. Accordingly, this court dismissed the appeal. See Martinez v. Wilson, 17-0922, p. 4 (La.App. 1st Cir. 4/3/18), 248 So.3d 406, 409.

         On June 25, 2018, in response to a motion to correct judgment, the trial court heard argument from counsel and granted judgment as per this court's ruling. This judgment, signed July 9, 2018, found in favor of Martinez and against Wilson and awarded damages (special and general) to Martinez in the amount of $35, 128.66, plus court costs and legal interest from the date of demand. Wilson now appeals from the trial court's July 9, 2018 judgment, contending that the trial court erred in failing to find Martinez committed an intentional tort by intentionally inserting himself into a hostile situation, in failing to apportion fault to Martinez and other actors, in failing to find Wilson acted in self-defense, and in its award of damages.

         DISCUSSION

...


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.