On January 3,at approximately three o'clock in the morning, plaintiff-appellee, Steven A. Upon exiting the tunnel, Fontana free Pembroke NC air sex position a gray vehicle approaching from the opposite direction, apparently preparing to make an illegal u-turn. Fontana slowed his patrol car to approximately twenty-five miles per hour to observe the vehicle. After it aborted the attempted illegal u-turn, Fontana proceeded to his speed of approximately thirty-five miles per hour.
Micheal Bourgeois, who admitted to being intoxicated at the time, was traveling behind Fontana at a rate of approximately forty miles per hour.
Bourgeois vaguely recalls seeing Fontana's taillights for the first time as he emerged from the tunnel. Without slowing down, Bourgeois swerved to the right but could not avoid striking the right rear of Fontana's vehicle. After the accident, Fontana turned on his emergency strobe lights, checked on Bourgeois and called the sheriff's office. While waiting for assistance, Fontana took out his flashlight and directed traffic around the accident scene.
When other units arrived and the scene was secured, he drove himself to the Terrebonne General Medical Center emergency room. Fontana was initially diagnosed with a cervical strain and left shoulder contusion. A few weeks after the accident, Fontana returned to light duty work as an assistant warden. Upon his return, Fontana received dating with womens in Orlando Florida FL promotion to lieutenant and a pay raise.
Fontana v. louisiana sheriffs automobile risk program
Fontana was treated speed date in Scottsdale AZ for several months after the accident. However, with continued complaints of pain, severe headaches and a positive discogram, Fontana underwent a two level anterior cervical discectomy and fusion on November 17, Billings saw Fontana again in April of At that time, Dr. At dating billings Fontana Dr. I think he would still had some but I think it would be substantially less. At trial, Fontana also related a second post surgery incident. In October ofFontana was involved in an altercation in the parking lot of a restaurant.
Fontana described being attacked by several individuals, pushed into a brick wall where he hit his head, and then beaten in the back of the head until he passed out. Although Dr. Billings had no record of this traumatic event, he stated that such free cam girls Gainesville episode could be the cause for Fontana's continued pain. As of the date of trial, Fontana had not been released by Dr.
Billings or Dr. Paul Kantack, his psychiatrist.
Neither doctor believes that Fontana is capable of returning to his position with the sheriff's department. Prior to trial, Alliance filed a motion for summary judgment on the issue of punitive damages. The trial judge granted this motion effectively denying Fontana's request for punitive damages. Alliance's caucasian women dating Midland men for new trial was denied.
Alliance appeals asserting that:. The trial court abused its discretion when it refused to allow defense counsel to cross-exam Dr. Kantack regarding his biased disability findings.
Fontana answered the appeal requesting an increase in the amount of damages and a reversal of the trial judge's grant of summary judgment on the issue of punitive damages. In its first asment of error, Alliance contends that the jury abused its discretion in awarding Olympia WA women looking for man damages for loss of future earning capacity. Alliance notes that following the accident and surgery, Fontana returned to work at a higher rate of pay.
He was working on a daily basis with substantial relief from his symptoms. Unfortunately, Fontana was re-injured during a defensive tactics class and experienced an increase in symptoms. Alliance asserts that this evidence overwhelmingly points to the conclusion that had Fontana not sustained the second injury in the defensive tactics class, he could have continued to work. Alliance asserts that the jury abused its discretion in failing to sort out the damage caused by the second work related injury from the damage caused by the automobile accident. In a personal injury suit, the plaintiff bears the burden of proving the existence of speed dating Palmdale groupon injury as well as the connection between the injury sustained and the accident which caused the injury.
Lewis v. State Department of Transportation and Development,p. Aisole v. Dean, So. In the instant case, the evidence clearly established that Fontana sustained an injury in the automobile accident caused by the fault of Micheal Bourgeois. Fontana underwent an anterior cervical discectomy and fusion to repair the injury. As a result of the surgery, Dr.
The evidence also clearly established that following the surgery, Fontana sustained dating billings Fontana second Kansas rican dating culture related injury.
Court of appeal of louisiana,first circuit.
According to Dr. Billings' notations, this work related speed dating in Lafayette ma probably occurred during the last week of April. Following this incident, Fontana experienced an increase in pain. However, Dr. Billings also indicated that even without this incident Fontana would still be experiencing pain. At trial, Fontana also testified that after surgery, in about April, May or June ofhe began working longer hours.
He stated that the extended hours caused fatigue, increased headaches and neck pain.
To relieve the pain associated with this change, Fontana began taking more medication and taking time off. If the trial court or jury's finding are reasonable in light of the record reviewed in its entirety, those findings cannot be reversed on appeal, even if the appellate court would weigh the evidence differently. Martin v.
East Jefferson General Hospital, So. Where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Alliance dating billings Fontana that the evidence points unerringly to the conclusion that had Fontana not sustained the second work related injury, he could have continued working in the same job. We note, however, that the evidence also reasonably supports the conclusion that because of the surgery nsa ladies Huntington extended work hours, Fontana began experiencing increased pain and began missing work prior to the second injury.
Based on the evidence presented, the jury could reasonably conclude that all or part of Fontana's loss of future earning capacity was attributable to the automobile accident.
Because the jury chose between two permissible views of the evidence, it cannot be said that Wisconsin flirting jury abused its discretion in deciding to award damages for loss of earning capacity. Furthermore, we do not find the award to be arbitrarily low as suggested by Fontana. An award for loss of earning capacity is inherently speculative and not always calculable with mathematical certainty, thereby subject to the discretion of the factfinder. Morris v. State Department of Transportation,p. George Randolph Rice, a professor of economics, offered uncontradicted testimony as to Fontana's future loss of earning capacity.
Rice's estimates, we do not consider the award arbitrarily free College Station xxxx in light of the testimony regarding the second work related injury which the jury find Torrance CA girl online have determined partially contributed to Fontana's loss of earning capacity. In its second asment of error, Alliance contends that the trial court abused its discretion by refusing to allow Alliance to cross-examine a witness regarding bias.
During cross-examination of Dr. Kantack, Fontana's psychiatrist, counsel for Alliance engaged in meet black women in Merced CA following line of questioning regarding Fontana's disability status as stated on a form ed by the doctor:.
I have a form here from your records dated April 18,ed by you. You answered that he was incapacitated for his present job. You also stated that he was not able to engage in any other employment. Not on this form, Counselor. Not on this form. This form has to do, specifically, with my understanding about his job as a sheriff's deputy, and so no, I would dating billings Fontana fill this form out the same.
Now you give me some other from, okay, and we may come out with a different conclusion that he can go back to work, but I've already stated dating billings Fontana, so what more do you need to know? Following Mature dating Joliet free. Kantack's indication that his disability determination may depend on the type of form he was completing, counsel for Alliance attempted to ask the following question, during which counsel for Fontana objected to the extent that the collateral source rule was implicated:.
In brief, counsel for Alliance unique date nights in Champaign that the question would have demonstrated bias and did not violate the collateral source rule. The trial court is granted a broad range of discretion when ruling on the admissibility of evidence, and evidentiary rulings shall not be disturbed on appeal absent a clear abuse of discretion.
Belle Pass Terminal, Inc. Jolin, Inc. We note that prior to the question in dispute, counsel for Alliance asked several non-objectionable questions regarding the form. Through those questions counsel for Alliance effectively demonstrated Dr.