Amonfo v. Tate

623 F. Supp. 513, 1985 U.S. Dist. LEXIS 23866
CourtDistrict Court, E.D. Louisiana
DecidedDecember 10, 1985
DocketCiv. A. No. 84-2495
StatusPublished
Cited by1 cases

This text of 623 F. Supp. 513 (Amonfo v. Tate) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amonfo v. Tate, 623 F. Supp. 513, 1985 U.S. Dist. LEXIS 23866 (E.D. La. 1985).

Opinion

MEMORANDUM OPINION

MENTZ, District Judge.

I.

Jurisdiction

This action arises out of an intersectional collision between an automobile driven by plaintiff, Chukwugmeka Amonfo (“plaintiff”), and a truck driven by defendant, Alvin Huey Tate, an employee of defendant, AAA Cooper Transportation Company, Inc., which is insured by defendant, Transport Insurance Company (“defendants”). All of the defendants were diverse in citizenship from plaintiff and the amount in controversy exceeded $10,000.00. Accordingly, the Court was properly vested with jurisdiction in accordance with 28 U.S.C. § 1332. Mr. Amonfo is a Nigerian national who received a Master’s degree at Tulane University in the public health field.

II.

Background

The collision which formed the basis of this lawsuit occurred on January 11, 1984 when the automobile driven by plaintiff was struck by defendants’ truck at the intersection of Martin Luther King Blvd. and South Claiborne Avenue in New Orleans, Louisiana. Before the Court were issues involving negligence in terms of what transpired at that intersection, liability for resultant personal injuries and property damage and allegations by plaintiff that he suffered a severe mental injury as a direct result of the collision. On May 9, 1984, the Court conducted a bench trial of this matter.

About one month prior to trial, plaintiff asserted a claim for psychological depression which he contended was a result of the collision. However, the possibility existed that other factors, including a failed marriage and a grain export enterprise which never came to fruition, might have caused or contributed to plaintiff’s alleged depression. The Court was further concerned by the stuporous condition of plaintiff during examination at trial, and his inability to behave in a lucid and coherent fashion at that time. In order that these questions might be resolved, Mr. Amonfo was referred by the Court to Dr. Charles R. Smith, M.D. for psychiatric evaluation. Af[515]*515ter completing his examinations of plaintiff, Dr. Smith issued a medical report and was deposed by the parties.

Based on the pleadings, evidence produced at trial, post-trial discovery, and the applicable law, the Court now gives written findings of fact and conclusions of law which resolve this matter.

III.

Findings of Fact

(1)

On January 11, 1984, a collision occurred at the intersection of Martin Luther King Blvd. and South Claiborne Avenue in the Parish of Orleans, State of Louisiana. The collision occurred between the Ford LTD automobile owned and operated by plaintiff, and a tractor trailer operated by defendant, Alvin Huey Tate, and owned by defendant, AAA Cooper Transportation, Inc. At the time of the accident, Alvin Huey Tate was insured with a policy of automobile liability insurance coverage through defendant, Transport Insurance Company.

(2)

The accident giving rise to this lawsuit occurred at approximately 1:30 p.m. on January 11, 1984. It was a clear, dry day and the road surface was dry. Both Martin Luther King Blvd. and South Claiborne Avenue are divided roadways;1 the former runs roughly north/south and the latter east/west.

(3)

Just prior to the accident, plaintiff was stopped at a red light in the south bound lane of King Blvd., in the South Claiborne Avenue median. When the traffic light changed from red to green, plaintiff had to traverse the three eastbound lanes of South Claiborne Avenue before continuing southbound on Martin Luther King Blvd. Plaintiff had the green light southbound at the moment of collision and had the right of way over eastbound drivers on South Claiborne Avenue who were required to stop for the red light at the intersection. When the traffic light for the southbound lane of Martin Luther King Blvd. turned green, plaintiff traversed two of the eastbound lanes of traffic on South Claiborne Avenue. Upon entering the third eastbound lane (the one farthest from the median), plaintiffs vehicle was struck by the truck driven by defendant Alvin Huey Tate.

(4)

Defendant Tate disregarded a red light controlling the flow of eastbound traffic on South Claiborne Avenue and collided with plaintiffs automobile. The accident2 was caused solely by the negligence of defendant Tate in failing to stop for the red light at the intersection of Martin Luther King Blvd. and South Claiborne Avenue.

(5)

The impact from the collision caused substantial damage to plaintiffs automobile, amounting to $3,165.00. This damage was suffered when the front of defendant’s truck struck the right side of plaintiff’s automobile in “broadside” fashion.

(6)

Although testimony at trial indicated that the witness Keith Johnson (in the northbound lane of Martin Luther King Blvd. at the time of the collision) refrained from entering the intersection for fear that defendant’s truck would not stop, no evidence was adduced which would indicate [516]*516that plaintiff was even aware of the truck until after the collision. The Court does not find plaintiff negligent for reason that the evidence indicates he did nothing other than enter an intersection after a “green” traffic light gave him the right of way. Further, no testimony or evidence presented at trial showed any want of driving skills or imprudent action on plaintiffs part.

(V)

Immediately after the accident, plaintiff was taken to Charity Hospital’s emergency room, treated and released. Charity Hospital’s bill amounted to $150.00.

(8)

Plaintiff was seen by Dr. D.S. Condie from January 16, 1984 through January 30, 1984, and was diagnosed and treated for cervical strain and lumbar strain. Dr. Con-die’s total bill for treatment amounted to $675.00.

(9)

Plaintiff was subsequently treated by Dr. Milton Rosenkrantz, who initially diagnosed plaintiff as having cervical disc syndrome with radiative pain and lumbar disc syndrome with sciatic problems. As no bone fractures were visible in x-ray photographs taken on the day of the accident by Charity Hospital, Dr. Rosenkrantz ordered an electromyelogram in order to confirm or rule out disc involvement or nerve root injury.3

(10)

On March 22, 1984, an electromyelogram was conducted on plaintiff and its results were negative for both nerve root involvement and disc injury. On May 21, 1984, Dr. Rosenkrantz changed his diagnosis of plaintiff from cervical/lumbar disc syndrome to cervical/lumbar strain. This change in diagnosis was occasioned by the negative electromyelogram and a showing of definite improvement of plaintiff’s physical condition.

(11)

On June 8, 1984, Dr. Rosenkrantz found that plaintiff enjoyed a good, active range of neck movement which indicated a healing process. On July 2, 1984, Dr. Rosenkrantz noted continued improvement in plaintiff’s condition. At this time he had a normal gait (i.e. normal posture and no limp) which indicated no severe nerve or muscle problems in plaintiff’s legs or back. It is at this point that the Court believes plaintiff had substantially recovered from any collision-induced injury.

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Related

Amonfo v. Tate
806 F.2d 260 (Fifth Circuit, 1986)

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Bluebook (online)
623 F. Supp. 513, 1985 U.S. Dist. LEXIS 23866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amonfo-v-tate-laed-1985.