Anderson v. Hudson

183 So. 2d 661, 1966 La. App. LEXIS 5266
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1966
DocketNo. 6583
StatusPublished
Cited by2 cases

This text of 183 So. 2d 661 (Anderson v. Hudson) 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
Anderson v. Hudson, 183 So. 2d 661, 1966 La. App. LEXIS 5266 (La. Ct. App. 1966).

Opinion

LOTTINGER, Judge.

This is an action in tort arising out of an automobile accident which occurred on March 14, 1964, at the intersection of Louisiana Highway No. 19 and Blount Road in the Parish of East Baton Rouge, Louisiana.

The record indicates that the plaintiff, Mary Lee Anderson, at about noon, was driving a 1962 Pontiac automobile north on Louisiana Highway 19, which is described as being a hard-surfaced, two- lane highway. At the time that the plaintiff was traveling said highway, she was being followed by a 1960 four door Chevrolet sedan being driven by Alma C. Hudson, one of the defendants herein, and owned by Hollis Knighten. As her vehicle approached the intersection of Blount Road, Miss Anderson turned on her blinker signal light, indicating that she was going to turn east or right into Blount Road. As Miss Anderson was about halfway through negotiating the right-hand turn, her vehicle was struck from the rear by the Chevrolet automobile being driven by Alma C. Hudson, and after having been struck by the Hudson vehicle, the rear of the Anderson vehicle swung around into the north or left-hand lane of traffic on Blount Avenue and struck a Buick automobile which was headed in a westerly direction and was stopped at the stop sign on Blount Road, waiting for an opportunity to cross [662]*662La. Highway No. 19. After striking the Buick automobile, the Anderson vehicle proceeded a short distance in an easterly direction down Blount Road, and finally came to rest in a ditch on the right or south side of Blount Road.

Thereafter, Miss Anderson instituted this suit and in her petition set forth the details surrounding the accident; alleged that the collision was solely and proximately caused by the negligence of the defendant Alma C. Hudson; alleged that she had sustained serious bodily injury consisting of bruises, abrasions and contusions on or about her body and also severe strains to the muscles of her neck and back. Her petition further set forth that neither the driver of the Chevrolet, Alma C. Hudson, nor the owner thereof, Hollis Knighten, had any liability insurance. The petition further alleged that the Pontiac automobile which Miss Anderson was driving was owned by her father, who had in full force and effect, on the date of the accident, a policy of public liability insurance with the defendant, New York Fire and Marine Underwriters, Inc., which said policy contained family protection coverage or “uninsured motorists” coverage, and further alleged that the coverage afforded by said policy inure to the benefit of the petitioner.

New York Fire and Marine 'Underwriters, Inc. filed an answer wherein they admitted the existence of the policy of insurance, but denied all of Miss Anderson’s allegations relative to negligence. They alternatively pleaded contributory negligence on the part of the plaintiff, alleging in substance that she had attempted to make her turn without giving ample notice and warning of same. Alma C. Hudson, through her counsel, likewise filed a general denial which contained an alternative plea of contributory negligence.

After a trial on the merits, the Trial Judge rendered judgment in favor of Miss Anderson and against Alma C. Hudson and New York Fire and Marine Underwriters, Inc., in solido, in the amount of $1328.94, of which sum $1,250.00 represented the quantum of damages for the injuries suffered by Miss Anderson in the accident, and the balance of which is attributable to medical expenses incurred by Miss Anderson. From this judgment both defendants suspensively appealed to this Court. Although New York Fire and Marine Underwriters, Inc. and Alma C. Hudson were not represented by the same counsel in the Trial Court, they were in fact represented by the same counsel in this appeal.

In his brief, counsel for appellants makes the statement that the defendants at no time seriously disputed the question of liability, and that therefore this appeal is concerned with and is limited solely to the correctness of the quantum of damages awarded to the plaintiff by the Trial Judge. We need only mention here that our examination of the record convinces us that the sole proximate cause of the accident was the negligence of the defendant, Alma C. Hudson, and that the plaintiff, Mary Lee Anderson, was in no way contributorily negligent.

With reference to the correctness of the quantum of damages awarded by the Trial Judge to the plaintiff, let us review the testimony with reference to Miss Anderson’s injuries. Miss Anderson testified that at the time of the accident, she was a 22 year old student teacher and that immediately after the accident, she thought she had injured her back and shoulders, and that the back of her neck was sore. She said that every time she turned her head it felt like she had a crook in her neck, and that if she turned her head any distance at all it would hurt and pull. She testified that even at the time of the trial, April 1, 1965, on occasion if she sat down to the typewriter and typed, she is still bothered with her injury. She noticed that the back of her neck becomes quite sore and there is a pain going from the base of her neck down and spreading across her shoulders. She testified that on the date of the accident she went to Lane Memorial Hospital and there was [663]*663treated by Dr. Bonck, and that he treated 'her from the date of the accident, March 14, 1964, until June 3, 1964, at which time “he released her. Her testimony at the trial indicated that on certain days she still ■experiences pain in her back, shoulders and meek, for which she takes non-prescription pain medication. Miss Anderson apparently lost only one or two days of school .as a result of the accident, but did have to limit her activities in certain things, such as physical education, both by reason of the fact that she had been advised to avoid strenuous physical activities by Dr. Bonck, and because of the fact that whenever she leaned over she would become dizzy and would have pain in her neck. She did testify however that as the date of the trial, the limitation of motion which she had initially experienced in her neck was getting better, although it did still bother her to some ex-lent.

Miss Anderson’s physician, Dr. Bonck, ■who is a general practitioner, testified that he had treated Miss Anderson on the date ■of the accident in the emergency room at Lane Memorial Hospital and that Miss Anderson had related to him that she had “been in an accident and that she complained •of pain in the back of her neck. Dr. Bonck found that she had no limitation of motion, -that there was no marked muscle spasm, but that Miss Anderson did complain of rather marked tenderness over the entire area “back of her neck. He said that at the time, he diagnosed her ailment as a cervical ligament strain, which he said is basically the same as, or is the same as what is commonly known as a whiplash. Some two days later Dr. Bonck made x-rays of Miss Anderson which did reveal that she had a fairly good range of motion and that there was no evidence of bone abnormality such as fracture ■or degenerative or arthritic changes. Dr. Bonck saw Miss Anderson again on March 18, 1964, at which time his findings were essentially the same as before, except that there was marked tenderness over the entire posterior neck musculature as well as some tenderness in the muscle groups which begin at the junction of the shoulder bone, clavicle and sternum, and then hooks on to the back of the skull. He testified that this muscle group is frequently involved in a whiplash type injury.

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Bluebook (online)
183 So. 2d 661, 1966 La. App. LEXIS 5266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-hudson-lactapp-1966.