Bass v. Allstate Ins. Co.

750 So. 2d 460, 2000 La. App. LEXIS 110, 2000 WL 61405
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2000
Docket32,652-CA
StatusPublished
Cited by15 cases

This text of 750 So. 2d 460 (Bass v. Allstate Ins. Co.) 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
Bass v. Allstate Ins. Co., 750 So. 2d 460, 2000 La. App. LEXIS 110, 2000 WL 61405 (La. Ct. App. 2000).

Opinion

750 So.2d 460 (2000)

Remedios BASS, Plaintiff-Appellant,
v.
ALLSTATE INSURANCE COMPANY, et al., Defendants-Appellees.

No. 32,652-CA.

Court of Appeal of Louisiana, Second Circuit.

January 26, 2000.

*461 William E. Armstrong, Monroe, Counsel for Appellant.

Hudson, Potts & Bernstein by Mark J. Neal, Monroe, Counsel for Appellees.

Before BROWN, WILLIAMS and DREW, JJ.

DREW, J.

Remedios Bass, individually and on behalf of her four children (Alicia, Arthur, Christina and Christopher), filed suit alleging that they suffered injuries when the car in which they were riding was rearended by a sport utility vehicle. Following a bench trial, the court entered judgment in favor of Ms. Bass, Alicia, Christina and Christopher, awarding each expenses for one week of medical treatment and $250 in general damages for soft-tissue irritation and inconvenience. The court denied recovery for Arthur, concluding that he did not sustain any injuries as a result of the accident.

Ms. Bass appeals the judgment on behalf of herself and her children. We affirm.

FACTS

On August 13, 1997, Remedios Bass drove a 1988 Chevrolet Corsica automobile into the parking lot of Ouachita Parish High School. Her passengers were her children Alicia, Arthur, Christina and Christopher. Samuel Newman was driving his father's 1986 Ford Bronco about a one-half car length behind the Bass vehicle. As Newman turned into the lot, he glanced to his left to look at other cars. When Newman's attention returned to the path in front of his vehicle, he slammed on his brakes and struck the Bass vehicle. Newman estimated he was traveling between 5-10 m.p.h. before he applied his brakes. The Corsica was moving when it was struck because Ms. Bass had her foot on the accelerator at the time.

James Hunter, auto damage appraiser for Allstate Insurance, replaced the Corsica's trunk and repaired scuff marks on the outer cover of the rear bumper. These repairs cost $765.90, including parts and labor. The only damage to Newman's vehicle was a cracked plastic license plate holder on the front of the Bronco.

Alleged Injuries

Deputy Michael Judd of the Ouachita Parish Sheriffs Office investigated the accident. He recalled that Alicia told him that her back was sore, and that Christopher *462 told him he had a headache. No other occupant of the Corsica complained of injury. Deputy Judd did not observe physical injuries to any occupant.

Remedios Bass

Ms. Bass, who drove the Caprice, was 41 years old at the time of the accident. Describing the impact as hard, she testified that her body struck the vehicle's steering wheel. Ms. Bass alleged that her head, neck, back and both shoulders were injured in the accident. The day after the accident, August 14, 1997, Ms. Bass began treatment with chiropractor Dr. Scott Caldwell. She stopped treatment in September 1997, because she no longer had transportation to Dr. Caldwell's clinic.

Ms. Bass testified that: (i) she began having headaches the afternoon of the accident, and that these headaches lasted only a week; (ii) her back and shoulder injuries were the most painful; (iii) the pain in the back of her neck was constant, but had cleared up by the last time she went for treatment; (iv) the shoulder pain was not constant and had also cleared up by September 10; (v) she experienced a sharp pain in her lower back which resolved two weeks after her last treatment; and (vi) while her condition eventually improved, her injuries did not completely heal until two weeks after she stopped treatment on September 10.

Dr. Caldwell testified that Ms. Bass complained of headache, neck pain, trapezius pain and lower back pain when he first examined her on August 14. He noted muscle spasms in her upper parathoracic and paralumbar muscles during this initial examination. According to Dr. Caldwell, the detection of a muscle spasm is "an objective finding that has some subjective component as well." He believed that Ms. Bass's spasms were legitimate. Dr. Caldwell added that he normally does not note the existence of muscle spasms upon each subsequent visit. Cervical and lumbar x-rays showed a loss of the normal curve in Ms. Bass's neck, which is usually caused by a muscle spasm and is a very common finding in a car wreck injury.

Ms. Bass was treated by Dr. Caldwell 10 times between August 14 and September 10, 1997. Dr. Caldwell's initial diagnosis was acute strain/sprain of the cervical, thoracic and lumbar spine and both shoulders resulting from the accident. He classified Ms. Bass's injuries as moderate soft tissue injuries since she presented with muscle spasms in the upper thoracic and lumbar spine.

Therapy consisted of electrical stimulation, ultrasound, ice, heat and traction. While Ms. Bass's symptoms had gradually improved, on the date of her last visit to Dr. Caldwell, he noted she still had pain when moving her neck and lower back. Dr. Caldwell expected her to reach maximum medical improvement within three to four weeks of her last visit.

Because Dr. Caldwell wanted Ms. Bass to get medication, he referred her to Dr. Thomas Dansby, a physician who has a satellite office in the same medical building. Dr. Dansby examined Ms. Bass only once, on August 28, 1997. He did not note any muscle spasms during this examination, and he testified that he would generally make a notation if a muscle spasm was found. Ms. Bass told him her back was much better and her neck was markedly improved. His diagnosis was resolving cervical strain, and his recommended course of treatment was to continue physical therapy and begin taking an anti-inflammatory medication. Dr. Dansby testified that he continued therapy because Ms. Bass "still [had] some tenderness and was complaining with that so I felt like she did have a cervical strain even though the symptomatology had been subjectively improved by her history."

Alicia Bass

Alicia, 14 years old on the date of the accident, was seated in the back seat of the Corsica on the passenger side. She testified that upon impact, which she described as hard, she struck the seat in front of her. *463 Alicia complained to Deputy Judd after the accident that her back was hurting. Alicia testified that: (i) she experienced pain in the shoulders and lower and middle back; (ii) she considered her lower back injury to be the most painful and her shoulder injury the least painful; (iii) muscle spasms in her lower back created sharp pain which caused her to cry; (iv) she was unable to participate in PE at school; and (v) her injuries did not resolve until a little over two weeks after she was treated by Dr. Caldwell for the last time on September 10.

Alicia was treated by Dr. Caldwell 10 times between August 14 and September 10. According to Dr. Caldwell, Alicia reported pain in her left mid back and both sides of her lower back. He noted a spasm in the left upper shoulder and upper back muscles. His initial diagnosis was acute strain/sprain of the low back and mild strain of the mid back related to the accident. Dr. Caldwell classified Alicia's injuries as soft tissue injuries mainly involving the mid and low back, and which he considered to be mild to moderate due to some muscle spasm in the left upper trapezius muscle. Alicia was treated with electrical muscle stimulation, ultrasound, traction, ice and heat. Dr. Caldwell recalled that Alicia's lumbar spine was always her area of greatest pain and discomfort. He also recalled that at the time of her last visit, Alicia only had mild lower back pain with stiffness. Dr.

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Bluebook (online)
750 So. 2d 460, 2000 La. App. LEXIS 110, 2000 WL 61405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-allstate-ins-co-lactapp-2000.