RYAN M. MARTINEZ
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
A. Lea, Jr. Covington, LA Counsel for Plaintiff/Appellee Ryan
R. Dillon Glen R. Galbraith Hammond, LA Counsel for
Defendant/Appellant Trevor M. Wilson
BEFORE: WHIPPLE, C.J., GUIDRY, AND CRAIN, JJ.
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.
AND PROCEDURAL HISTORY
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.
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.
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.
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.
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.