Opinion

Shavers v. Bright

  • 346 So. 2d 281
  • 1977 La. App. LEXIS 3695
Court
Louisiana Court of Appeal
Filed
May 17, 1977
Status
Published
Author
Redmann
On the bench
Morial, Redmann, Schott
Cited by
1 cases
Authority
More cited than 55.2%

The opinion

REDMANN, Judge.

Both parties appeal from a judgment which awarded plaintiff tenant $1,600 for all damages from a falling branch from a tree on defendant landlord’s premises.

There is evidence which would have supported a contrary conclusion on liability— such as hospital records reporting that plaintiff twice explained that her slightly injured arm resulted from a fall. Alternatively, quantum could have been smaller for the minor injury involved.

There is, on the other hand, other evidence that would support a conclusion that the injury lasted long beyond the six weeks that the trial judge concluded was its duration (and therefore caused the additional $1,300 of medical expenses which plaintiff incurred starting five months after the accident.)

But there is also evidence which does support the conclusions of the trial judge (including that plaintiff could not reasonably have believed that the later $1,300 medical expenses were necessary because of the tree incident, thus distinguishing Hillebrandt v. Holsum Bakeries, Inc., La.App., 4 Cir., 1972, 267 So.2d 608 ). We are not in a position to substitute our judgment for his; Canter v. Koehring, La.1973, 283 So.2d 716 .

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.