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Henry v. Parsons11/29/2005
symptoms and physical findings were "more probable than not" caused by the accidents in 2000 and 2001.
Because of Guidry's mental handicap, all testimony regarding the pain she felt was of necessity from others-her curatrix, her caregiver, and the records of her treating physician. The trial judge made no finding that those persons were not credible. Rather, he erroneously found that all of Guidry's injuries were attributable to her prior accident. Guidry could not testify on her own behalf, but the testimony of the others was unanimous that her injuries from the prior accident were aggravated by the 2001 accident.
Based on our de novo review of the record, we determine that an appropriate award for Guidry's injuries is $7,000.00. We also award medical expenses in the amount of $920.00 for Clarice Guidry's treatment by Dr. Dyess.
For the foregoing reasons, the judgment is reversed insofar as it dismissed the claims of Cecilia Rodriguez as curatrix on behalf of Clarice Guidry, but is affirmed as to liability in other respects. The judgment is recast and rendered as follows:
IT IS ORDERED, ADJUDGED AND DECREED that there be judgment in favor of Lashon Henry and against Goldie H. Parson and Allstate Insurance Company in the amount of Eleven Thousand Two Hundred Fifty and No Hundredths ($11,250.00) Dollars in general damages, together with Two Thousand Nine Hundred Fifty-Seven and Thirty-Seven Hundredths ($2,957.37) Dollars in special damages, and for all costs of these proceedings.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be judgment in favor of Cecilia Rodriguez, as Curatrix on Behalf of the Interdict, Clarice Guidry, and against Goldie H. Parson and Allstate Insurance Company in the amount of Seven Thousand and No Hundredths ($7,000.00) Dollars in general damages, together with Nine Hundred Twenty and No Hundredths ($920.00) Dollars in special damages, and for all costs of these proceedings.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the petition of Goldie H. Parson is dismissed at her cost.
AFFIRMED IN PART, REVERSED IN PART, RECAST AND RENDERED
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