Barlow v. Plummer

195 So. 2d 321, 1967 La. App. LEXIS 5831
CourtLouisiana Court of Appeal
DecidedFebruary 15, 1967
DocketNo. 1923
StatusPublished
Cited by3 cases

This text of 195 So. 2d 321 (Barlow v. Plummer) 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
Barlow v. Plummer, 195 So. 2d 321, 1967 La. App. LEXIS 5831 (La. Ct. App. 1967).

Opinions

HOOD, Judge.

Mr. and Mrs. Jan Barlow, Jr., instituted this suit for damages for personal injuries allegedly sustained by Mrs. Barlow as the result of an automobile accident. The defendants are Odis O. Plummer and his insurer, Southern General Insurance Company. Judgment on the merits was rendered by the trial court in favor of plaintiffs, and defendants have appealed.

The evidence shows that on March 3, 1963, as Mr. and Mrs. Barlow and their two children were riding in their family car on a public highway, their car was struck in the rear by an automobile being driven by defendant Plummer. Plaintiffs contend that as a result of that accident Mrs. Barlow sustained a whiplash type injury to her neck and a flare-up of a pre-existing emotional or mental illness.

The trial judge awarded Mrs. Barlow the aggregate sum of $7000.00 as general damages for all of her injuries, pointing out in his reasons for judgment that he was awarding her $2000.00 for the neck injury, and the additional sum of $5000.00 for the flare-up of her pre-existing psychoneurotic condition.

Defendants admit liability, and the sole issue presented on this appeal relates to quantum. Defendants contend that the award of general damages made to Mrs. Barlow is excessive and should be reduced. Plaintiffs contend that the judgment appealed from should be affirmed.

[323]*323Mrs. Barlow testified that she was not in pain immediately after the accident occurred, but that about an hour later the right side of her face began to feel numb and she began to suffer pain in her neck. Later that day she consulted Dr. John D. Brooks, her family doctor, and he gave her some muscle relaxants. She saw him again about two months later, at which time he referred her to an orthopedic surgeon for examination. Thereafter Dr. Brooks prescribed a neck traction device for her to use in her home, but she refused to use it because she said it choked her. Upon Dr. Brooks’ recommendation, however, she submitted to six physiotherapy treatments which were given to her at a local hospital, two such treatments being given per day for a total of three days. She states that she was “much relieved” after these treatments, and that her neck has not pained her since, except that it bothers her occasionally when she irons or sews for extended periods of time.

Dr. Brooks, a general practitioner, concluded from the examination made by him on March 3, 1963, that Mrs. Barlow had sustained a traumatic cervical myositis as a result of the accident, that she would have “soreness in the neck from one to two weeks” after the accident, but that she would have no permanent residuals or impairment. He examined her again on May 9, about two months after the accident, but he was unable to find any objective signs of neck injury at that time. She complained of a “nagging” pain in her neck, however, and Dr. Brooks found subjective complaints of pain on pressure and upon extreme motion of the neck. Because of her continued complaints, he referred her to Dr. Norman P. Morin, an orthopedic surgeon, and following an examination by that orthopedist Dr. Brooks prescribed a cervical traction device for her to use in her home. Also, on June 18, 1963, he arranged for Mrs. Barlow to obtain physiotherapy treatments as an outpatient in a local hospital. Mrs. Barlow did not return to Dr. Brooks for any further treatment after the last mentioned date, but she did inform him later by telephone that she “felt much, much better, much improved.”

Dr. Norman P. Morin examined Mrs. Barlow on June 4, 1963, and reported that his findings “are in keeping with the mild residuals of a cervical myofascial strain sustained in March, 1963, and from which this patient has not yet completely recovered.” He felt that she should completely recover with no residual disability in six or eight weeks from the time of that examination. Following that examination he reported that Mrs. Barlow would benefit by two or three weeks of supervised physiotherapy as an outpatient in a hospital, but he pointed out that such treatment “is by no means absolutely necessary as it is felt that under normal circumstances without benefit of treatment she should completely recover with no residual disability within the next six to eight weeks.”

The evidence convinces us that as a result of the above mentioned automobile accident Mrs. Barlow sustained a mild cervical myofascial strain, which caused her to suffer mild to moderate pain for a period of not more than two months, and thereafter she suffered only mild pain intermittently for about three months. We think she has fully recovered from the neck injury, without any residual disability or symptoms.

We turn now to Mrs. Barlow’s claim that as a result of the accident she sustained an injury consisting of the aggravation of a pre-existing mental condition. Mrs. Barlow testified that about two weeks after the accident occurred she became depressed, unhappy and impatient, and she became aggravated easily. She was examined by Dr. Gilíes R. Morin, a psychiatrist, on May 15, 1963, and she was treated by him eight times thereafter, the last treatment having been administered on November 6, 1963. She testified that Dr. Morin gave her some mild tranquilizers, and she began to improve. She stated that she had fully recovered by the time he discharged her in November, that “I don’t have any anxieties any more. I am pretty happy,” and “I now [324]*324feel that I’ve got a happy marriage. I am getting along well, the children are happy.” Mr. Barlow confirmed the testimony of his wife as to the nature of her mental disturbance, and he testified that after the middle or latter part of the summer of 1963, Mrs. Barlow’s neurotic condition had improved considerably. He stated that at the time of the trial, which took place in December, 1963, “We are at a state even of higher state of happiness and congeniality than we were prior to that.”

Mrs. Barlow had suffered periodically from an emotional and mental illness for several years before the accident occurred. These periods of illness were marked by deep depression and by an extreme hostility toward her husband. In 1957 she divorced her husband because of hostility toward and incompatibility with him, and then she remarried him about one year later. In 1960 she was confined for eight weeks in John Sealy Hospital, in Galveston, because of mental and emotional disturbances, and during that time she was given electric shock treatments. She and her husband testified, however, that for a period of about one year immediately prior to the accident they had been getting along well, but that about two weeks after the accident some of her old symptoms of depression and hostility toward her husband returned. The evidence also shows that she had suffered from severe migraine headaches since she was 17 years of age, but that she began taking a new drug in December, 1962, about three months before the accident, which has relieved her from these headaches. She has had no migraine headaches since the accident.

Dr. Morin, the psychiatrist, examined Mrs. Barlow initially on May 15, 1963, and found that she was depressed and was extremely hostile toward her husband. He concluded that she was a “pseudoneurotic schizophrenic,” a condition which existed prior to the accident, and that “it is quite probable that the accident of March 3, 1963, triggered off a recurrence of the underlying illness.” He felt that she needed treatment, and he treated her thereafter for a period of a little more than five months. He also saw Mr.

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Bluebook (online)
195 So. 2d 321, 1967 La. App. LEXIS 5831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barlow-v-plummer-lactapp-1967.