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Youngblood v. Lee11/2/2005
Before WILLIAMS, CARAWAY and LOLLEY, JJ.
This personal injury action arises from the Eleventh Judicial District Court, Parish of DeSoto, State of Louisiana. Rodney Arbuckle, in his official capacity as Sheriff of DeSoto Parish, Deputy Arnold Wayne Lee, and Clarendon National Insurance Company ("appellants") appeal a judgment in favor of Cheryl and Kenneth Youngblood and their minor child, Alex Youngblood. For the reasons assigned, the judgment is affirmed.
FACTS
In July of 2002, Cheryl Youngblood and her son, Alex, were involved in a motor vehicle accident with Sergeant Arnold Lee, a supervisor with the DeSoto Parish Sheriff's Department. At the time of the accident, Cheryl and Alex were in route to a local store. She was traveling southbound on Louisiana Highway 3103 ("Kings Hwy."), which intersects with Hwy. 84, and was proceeding into the intersection after having stopped at a stop sign. Sgt. Lee was traveling on Highway 84, responding to an emergency call involving a 16-year-old trapped in a burning vehicle. He was traveling westbound on Hwy. 84 at a high rate of speed when he collided into Cheryl's vehicle. The evidence depicts the Kings Hwy. intersection to be located just past an elevation and at a curve in Hwy. 84.
Following the accident, Cheryl and Alex were taken to the hospital for treatment in the emergency room. They were both released shortly thereafter. Cheryl sustained non life-threatening injuries, including a broken collarbone, an injury to her arm, and some trauma to her head. She contends to continue having migraine headaches. Alex received a laceration to his head requiring stitches.
Subsequently, the Youngbloods filed suit. In June 2004, the trial court allowed the Youngbloods' attorney to withdraw and gave them ten days to obtain new counsel. The matter was set for trial on December 13, 2004. On the day of trial, the Youngbloods made a motion for continuance to obtain counsel, which motion was declined. The trial of the matter commenced as scheduled with the Youngbloods proceeding pro se. After the trial, judgment was rendered in favor of the Youngbloods for a total damage award of $76,507.09, broken down as follows: past medical expenses for Cheryl of $5,337.35; general damages for Cheryl of $40,000.00; past medical expenses for Alex of $5,169.74; general damages for Alex of $10,000.00; property damage for Kenneth and Cheryl of $15,000.00; and, loss of consortium for Kenneth of $1,000.00. This appeal by Sheriff Arbuckle, Sgt. Lee, and Clarendon ensued.
DISCUSSION
Exclusion of Expert Witness
On appeal, the appellants argue that the trial court committed reversible error by excluding its expert witness from testifying at trial. Considering the particular facts of this case and for the following reasons, we see no abuse of discretion by the trial court.
As already noted herein, although the Youngbloods had initially been represented by counsel in this litigation, at some point during the course of litigation their attorney withdrew. The trial of the matter went forward after the Youngbloods' motion to continue was opposed by the appellants and ultimately denied by the trial court. On the morning of the trial, counsel for the appellants apparently supplied Kenneth with copies of documentation prepared by the appellants' expert in the field of accident reconstruction, Richard Robertson. Appellants contend that they had responded to discovery requests and informed the Youngbloods that they had retained an expert that might be called at trial, although this is not reflected in the record. It is unclear whether appellants disclosed the specific name of their expert or just the r
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