Opinion
No. 1422.
June 2, 1965. Rehearing Denied June 24, 1965.
APPEAL FROM TENTH JUDICIAL DISTRICT COURT, PARISH OF NATCHITOCHES, JULIAN E. BAILES, J.
Thomas Friedman, Natchitoches, by Leroy H. Scott, Jr., Shreveport, Gerard F. Thomas, Jr., Natchitoches, for plaintiffs-appellants.
Gist, Gist, Methvin Trimble, by DeWitt T. Methvin, Jr., Alexandria, for defendants-appellants, U.S.F. G.
Mayer Smith, by Alex F. Smith, Jr., Shreveport, for defendants-appellants, Traders General and Charles R. Armstrong.
Bodenheimer, Looney Jones, by G. M. Bodenheimer, Jr., Shreveport, for defendant-appellee, Central Mutal.
Blanchard, Walker, O'Quin Roberts, by Wilton H. Williams, Jr., Shreveport, for defendant-appellee, Traders Indemnity Co.
Before TATE, FRUGÉ, and SAVOY, Judges.
In the companion appeal rendered this date, Peterson v. Armstrong, 176 So.2d 453, all issues of this appeal have been decided except the plaintiff's prayer for an increase in the award, and the defendants' request for a reduction therein.
The plaintiff was awarded $750 general damages, plus $172.50 special damages for her medical expenses. She received a severe contusion of the forehead and certain painful knee and ankle abrasions, from which she recovered in two to three months with no residual disability. According to her testimony, there was a small residual scar on the shin, but the trial court seems to have evaluated that as minimal if existent. See Dr. Plunkett, leg abrasions had "disappeared", Tr. 253.
The trial court's award of general damages will not be disturbed as within its large discretion in the matter. Ballard v. National Indemnity Co., 246 La. 963, 169 So.2d 64. As to the plaintiff's request for an allowance of an additional $105 medical expenses, the trial court properly disallowed these as for examinations for purposes of preparing for trial rather than for expenses of medical treatment. McDaniel v. Audubon Ins. Co., La. App. 1 Cir., 121 So.2d 531; see also Langley v. Travelers Ins. Co., La. App. 3 Cir., 159 So.2d 553.
For the foregoing reasons, the trial court judgment is affirmed, at the cost of the defendants-appellants.
Affirmed.
On Application for Rehearing.
En Banc. Rehearing denied.