Alexander v. Laborde

97 So. 3d 1081, 11 La.App. 3 Cir. 1411, 2012 WL 2016183, 2012 La. App. LEXIS 793
CourtLouisiana Court of Appeal
DecidedJune 6, 2012
DocketNo. 11-1411
StatusPublished
Cited by1 cases

This text of 97 So. 3d 1081 (Alexander v. Laborde) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Laborde, 97 So. 3d 1081, 11 La.App. 3 Cir. 1411, 2012 WL 2016183, 2012 La. App. LEXIS 793 (La. Ct. App. 2012).

Opinion

PICKETT, Judge.

|, The defendants appeal the trial court’s grant of a judgment notwithstanding the verdict and increase of damages in favor the plaintiff. For the reasons discussed below, the judgment is amended and, as amended, affirmed.

FACTS

On June 30, 2009, Queen Alexander was stopped on La. Hwy. 1 in Marksville, waiting to make a left turn, when she was rear-ended by a vehicle driven by Zakery La-borde.1 Ms. Alexander was seventy-three years of age at the time and had suffered back and neck pain for many years before the accident. She sued Mr. Laborde and State Farm Mutual Automobile Insurance Company (State Farm), which insured the vehicle driven by Mr. Laborde when the accident occurred, contending the accident caused an aggravation of her pre-existing physical problems and a disc herniation at L4-5 that resulted in spinal stenosis that requires surgery. She sought to recover damages associated with the aggravation of her pre-existing problems and with the surgery.

At trial on June 22, 2011, the defendants stipulated that Mr. Laborde was solely at fault in causing the injury and that a policy of liability insurance issued by State Farm, which was in full force and effect at the time the accident occurred, provided insurance for the accident. After deliberating, the jury returned a verdict in favor of Ms. Alexander and awarded her the following damages:

Medical Expenses to Date of Trial $21,586.31

Future Medical Expenses 110,619.00

Past Pain and Suffering 12,000.00

Future Pain and Suffering 25,000.00

Past Mental Anguish 2,000.00

Future Mental Anguish 2,000.00

Loss of Enjoyment of Life 0.00

Future Loss of Earnings 52,000.00

TOTAL $225,205,311

[1083]*1083|2Ms. Alexander filed a Motion for Judgment Notwithstanding the Verdict (JNOV) and alternatively a Motion for New Trial and/or Additur, asserting the jury’s award of general damages was grossly inadequate in light of the evidence presented at trial. The trial court granted a JNOV and increased Ms. Alexander’s total general damage award from $93,000.00 to $300,000.00. Specifically, the trial court increased the jury’s awards for past and future physical pain and suffering from $37,000.00 to $250,000.00, past and future mental anguish from $4,000.00 to $25,000.00, and loss of enjoyment of life from $0 to $25,000.00. Mr. Laborde and State Farm appealed.

ASSIGNMENTS OF ERROR

Mr. Laborde and State Farm assign the following errors:

(1) The Trial Court erred by awarding future surgery costs to Queen Alexander.
(2) The Trial Court erred by granting a JNOV in favor of Queen Alexander.

DISCUSSION

Ms. Alexander, a school teacher, testified she suffered from back pain from the time she was young and worked in the cotton fields on her family’s farm. She further testified that she injured her back in December 1992 when she fell out of a chair while teaching. She continued working until June 1994, when she retired due to continued back and leg pain. She returned to work, however, in 1998 and was working at the time of trial.

The record established that Ms. Alexander persevered through many years of suffering back pain and that she also suffered neck pain on occasion but to a lesser extent than back pain. For many years, Ms. Alexander sought chiropractic treatment to relieve her back pain. After the June 2009 accident, Ms. Alexander increased her chiropractic treatment with Dr. Harold Travis Lacassin and used nonnarcotic pain killers to alleviate the increased pain she suffered as a result of the accident.

|aDr. Lacassin began treating Ms. Alexander in 2004, when he acquired her prior chiropractor’s practice. On her first visit after the accident, Ms. Alexander complained of severe back and neck pain; she also complained of pain in her right arm and left leg. She rated her pain level at eight to nine on a scale of ten. On her visit prior to the accident, she had rated her pain level at two to three on a scale of ten.

Dr. Lacassin testified that during his years of treating Ms. Alexander, he was able to maintain her pain level fairly consistently at a level she found acceptable that allowed her to continue working and performing her normal daily activities. He explained that while she occasionally had flare-ups when her pain levels increased and she required more frequent treatment for a period of time, her pain would subside.

Immediately after the accident, Ms. Alexander complained to Dr. Lacassin that her neck was her major source of pain. With treatment, her complaints of neck pain lessened, but Dr. Lacassin testified her neck never returned to its pre-accident status. After her neck pain lessened, Ms. Alexander’s complaints of back pain increased. Initially, she responded well to Dr. Lacassin’s treatment for her back. She regressed, however, and her back worsened. Dr. Lacassin testified that after the accident, Ms. Alexander complained of back pain more consistently and rated her pain at a higher level than she did before the accident. He was concerned and recommended an MRI of her neck and back. After reviewing the MRI, [1084]*1084Dr. Lacassin recommended Ms. Alexander obtain a second opinion.

Ms. Alexander sought a second opinion from Dr. Louis Blanda, an orthopedic surgeon. Dr. Blanda testified Ms. Alexander’s MRI showed arthritic changes in her low back and a herniated disc at L4-5 that combined to create spinal stenosis. According to Dr. Blanda, the MRI also showed arthritic changes at L5-S1, a bulging disc and degeneration in her neck, and three herniated discs in her neck. A CAT scan showed the spinal stenosis at L4-5 was moderate to severe.

|4Pr. Blanda first recommended conservative treatment for Ms. Alexander. He later ordered a myelogram with CT scan because her complaints worsened and she reported trouble walking. Dr. Blanda testified the myelogram showed the compression at L4-5 was worse than the MRI revealed. Ms. Alexander continued to complain of right and left leg pain, and an EMG revealed right-sided SI radiculopa-thy and L5 changes on both the right and left. Dr. Blanda testified the condition was severe and needed to be addressed surgically, explaining it was progressive and, without surgery, could result in severe neurological problems, including paralysis. He stated a decompression and double fusion at L4-5 was needed.

Dr. Blanda opined that the disc hernia-tions in her neck and at L4-5 were caused by the accident. He based his opinion on Ms. Alexander’s history, Dr. Lacassin’s outline of her complaints during the five years before the accident, and the medical records of his partner, Dr. John Cobb, who treated Ms. Alexander in 1998. Dr. Cobb’s records included a 1993 MRI that showed spondylosis at L5-S1 and a slight bulge at that level but nothing at L4-5.

Dr. Stanley Foster, also an orthopedic surgeon, examined Ms. Alexander at State Farm’s request. Dr. Foster agreed that Ms. Alexander’s back and neck conditions were aggravated by the accident and that she needed surgery. He testified spinal stenosis is a complex problem that results from the aging process and that changes associated with stenosis do not occur in an accident. He explained that he did not relate the herniation at L4-5 to the accident because of the fifteen-year interim between the MRI ordered by Dr. Cobb and her 2010 MRI.

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Bluebook (online)
97 So. 3d 1081, 11 La.App. 3 Cir. 1411, 2012 WL 2016183, 2012 La. App. LEXIS 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-laborde-lactapp-2012.