PAINTER, Judge.
Plaintiff, Bryce Mouton, appeals the trial court's refusal to award him any damages in this automobile accident case. For the following reasons, we affirm the trial judge's finding that Plaintiff failed to prove causation as to his alleged TMJ injury, reverse the trial judge's finding that the accident was not the cause in fact of any damages to Mouton, and render judgment in favor of Mouton in the amount of $2,458.31 for medical expenses and $2,500.00 for general damages for his back injury.
This appeal arises out of an automobile accident that occurred on September 8, 2008. On that date, Mouton was driving a 2005 Buick LeSabre, owned by his mother, east on Egan Road in Crowley, Louisiana. He had two passengers in the vehicle with him.
Mouton did not request medical attention at the scene of the accident and drove from Crowley to his home in Lafayette, Louisiana, immediately after the accident. Mouton alleges that on the drive to Lafayette, he began to experience pain and stiffness in his back. Once he arrived in Lafayette, he presented to the emergency room at Lafayette General Medical Center where he was diagnosed with a back strain and was given Motrin. Mouton alleges that several days after the accident, he began having jaw pain. Two months later, on November 18, 2008, he sought treatment from Dr. Bryan LeBean, a specialist in internal medicine, who diagnosed him with a lumbar strain and TMJ syndrome. In his deposition, Dr. LeBean testified that Mouton's straight leg raising testing was negative (which is a normal finding), that there was no evidence of muscle spasm, that there was no limitation on range of motion, that his gait was normal, that there were no deficits in sensation or strength, that no x-rays were required, that the examination of Mouton's jaw was normal, and that Mouton failed to follow his recommendation for physical therapy.
Mouton filed suit against Tiede, Par Electrical, and Old Republic Insurance Company (the insurer of Par Electrical). The matter proceeded to trial, and the trial judge found that the cause of the
Mouton first alleges that the trial judge committed reversible error in failing to rule on his motion in limine before trial. On their exhibit list, Defendants indicated that they would seek to introduce Mouton's criminal records at trial. Mouton filed a motion in limine prior to trial seeking to have such evidence excluded. The Defendants objected to the timeliness of the motion since the pre-trial order required that motions in limine be made four weeks prior to trial, and this motion was not filed until seven days prior to the trial. Over Defendants' objection, the trial judge considered the matter immediately prior to the beginning of the trial. The trial judge decided to defer the matter to the merits and rule on any objection at the time the issue came up due to Defendants' argument that there were issues regarding Mouton's use of both legal and illegal drugs. Mouton now claims that the trial judge allowed defense counsel to question him about his marijuana conviction during the merits of the trial in contravention of La.Code Evid. art. 609 because his conviction was more than ten years old. Mouton cites the following colloquy:
Clearly, the trial judge sustained the objection and did not allow any evidence of prior criminal convictions into evidence. Therefore, we find this argument to be without merit.
Next, Mouton argues that the trial judge committed reversible error in a "trial by ambush" by allowing trial testimony from a Facebook page that was not previously listed in Defendants' witness and exhibit list. In order, to preserve an evidentiary issue for review by this court, the complaining party must enter a contemporaneous objection to the evidence or testimony and state the reasons therefor. See Etcher v. Neumann, 00-2282 (La.App. 1 Cir. 12/28/01), 806 So.2d 826, writ denied, 02-905 (La.5/31/02), 817 So.2d 105. We agree with Defendants that Mouton failed to make a contemporaneous objection at trial, and, as such, he is barred from now challenging this line of questioning on appeal. Therefore, this assignment of error is not properly before this court.
Whether or not to admit impeachment evidence is a decision that falls within the discretion of the trial court. State v. Tauzin, 38,436 (La.App. 2 Cir. 8/18/04), 880 So.2d 157. In this instance the trial judge sustained Mouton's objection to the introduction of the Facebook page into evidence. Thus, we find no merit to Mouton's argument regarding same.
Finally, Mouton asserts that the trial judge abused his discretion when he concluded that the accident resulted in a minor impact with minor property damages
Mouton argues that the abuse of discretion applies when this court examines a fact finder's award of damages. Defendant, on the other hand, argues that Mouton failed to prove that he sustained any injuries as a result of the accident and that the manifest error standard of review applies. We disagree with both. In this case, the trial judge did not reach the issue of damages because he determined that the accident did not cause any injuries to Mouton. In LeBlanc v. Stevenson, 00-157, p. 6 (La.10/17/00), 770 So.2d 766, 771-72, our supreme court stated:
Thus, we first apply the manifest error standard of review to the trial judge's finding that Mouton did not suffer any injuries causally related to the accident in question. "The plaintiff bears the burden of proving both his injuries and a causal connection between the injuries and the tort, by a preponderance of the evidence." Cash v. Charter Mktg. Co., 607 So.2d 1036, 1039 (La.App. 3 Cir.1992). There is no dispute that Mouton went the emergency room soon after the accident and that he was diagnosed with a back strain. Defendants presented no evidence to show that this emergency room visit was related to anything other than the subject accident. Our review of the record shows that there is no reasonable factual basis for the trial judge's finding that Mouton did not suffer any injuries causally related the subject accident. Accordingly, we find the trial judge's ruling manifestly erroneous, reverse that ruling, and proceed to a de novo review to determine an award of damages that is just and fair. LeBlanc, 770 So.2d 766.
Despite Mouton's argument that the minimal force of the collision causing the injuries is of no material importance, we note that in determining damages, the finder of fact may consider the minimal nature of the accident. Coleman v. U.S. Fire Ins. Co., 571 So.2d 213 (La.App. 3 Cir.1990); Fletcher v. Langley, 93-624 (La. App. 3 Cir. 2/2/94), 631 So.2d 693, writ denied, 94-521 (La.4/7/94), 635 So.2d 1139. In this case, the evidence of minimal property damage as well as the testimony of Tiede supports the conclusion that the collision
Mouton asks us to award him past medical expenses in the amount of $2,458.31. We find that amount to be supported by the record in that the charge from Lafayette General Medical Center was $289.00, Dr. LeBean's charges were $865.00, and his pharmacy bills were $1,304.31. Mouton also asks that we award $35,000.00 for pain and suffering and $5,000.00 for loss of enjoyment of life. We do not find such an award to be supported by the record. Instead, we award $2,500.00 in general damages, as we find that amount to be fair and reasonable for a minor soft-tissue injury of short duration. See Hamilton v. Wild, 40,410 (La.App. 2 Cir. 12/14/05), 917 So.2d 695, wherein the plaintiff was awarded $1,500.00 for a soft-tissue injury of nine-months duration; Kimble v. Reason, 626 So.2d 6 (La.App. 1 Cir.1993), wherein the plaintiff was awarded $3,000.00 for a soft-tissue injury of six-months duration; and Collins v. Bentley, 24,457 (La.App. 2 Cir. 10/26/94), 645 So.2d 283, wherein the plaintiff was awarded $2,000.00 for a soft-tissue injury of a three-month duration. We do not award any damages for the alleged TMJ syndrome as there is no evidence that this was causally related to the accident in question or that Mouton received any treatment or therapy related thereto.
For all of the foregoing reasons, we affirm the trial judge's finding that Plaintiff failed to prove causation as to his alleged TMJ injury. However, the trial court's finding that the accident was not the cause in fact of any damages to Mouton is reversed. We hereby render judgment in favor of Mouton in the amount of $2,458.31 in medical expenses and $2,500.00 in general damages for his back injury. Costs of this appeal are assessed to Defendants/Appellees, Old Republic Insurance Company, Par Electrical Contractors, Inc., and Ryan L. Tiede.