Batts v. Travelers Insurance

155 So. 2d 98, 1963 La. App. LEXIS 1150
CourtLouisiana Court of Appeal
DecidedJuly 1, 1963
DocketNo. 5910
StatusPublished
Cited by2 cases

This text of 155 So. 2d 98 (Batts v. Travelers Insurance) 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
Batts v. Travelers Insurance, 155 So. 2d 98, 1963 La. App. LEXIS 1150 (La. Ct. App. 1963).

Opinion

LANDRY, Judge.

This is an action in tort wherein plaintiff, Mrs. Cecile Rodriguez Batts, seeks damages from defendants, Patterson Truck Lines, Inc., Charles Joseph Boudreaux, employee of Patterson Truck Lines, Inc., and Travelers Insurance Company, liability insurer of the aforesaid employer, for personal injuries, loss of wages and medical expense sustained and incurred as the result of an automobile accident which occurred March 24, 1961, at the intersection of U. S. Highway 61 and Louisiana Highway 44 in the Town of Gonzales, Louisiana, when a 1954 model International truck and trailer belonging to defendant, Patterson Truck Lines, Inc., and operated by defendant, Boudreaux, ran into the rear of a 1959 Chevrolet automobile operated by plaintiff (but owned by her son, Lloyd Smith) while said latter mentioned vehicle was stopped at the aforesaid intersection in obedience to a traffic light.

After trial below judgment was rendered in faver of plaintiff awarding damages in the sum of $1,500.00 for personal injuries and special damages in the aggregate of $917.93, or a total of $2,417.93. From said adverse judgment defendants have appealed praying for a reduction in the award made plaintiff for personal injuries. Plaintiff has answered the appeal praying for an increase in amount allotted her for physical pain and suffering "and also making claim for lost wages denied by the court below.

Defendants’ liability is conceded, consequently the only issue before the court on this appeal is the question of quantum to which plaintiff may be entitled.

[99]*99Although the issue of liability is conceded, nevertheless, a brief narration of the circumstances surrounding the occurrence of the accident is believed necessary in that it sheds some light upon the nature and extent ■of plaintiff’s alleged injuries as will hereinafter appear.

On the date of the accident, plaintiff, a beautician approximately 56 years of age, was on her way to work. Following the collision plaintiff reported to her place of employment and worked the remainder of the day although she experienced considerable pain in her neck, back and arms. The following day, Saturday, plaintiff worked one-half day as usual but on Sunday she became worse in that, in addition to pain, she experienced a chill which caused her to remain in bed. She worked the next day, Monday, but was so discomforted she consulted her family physician, Dr. Clay Waguespack, Jr., on Tuesday, March 28, 1961.

Plaintiff’s chief complaint is of pain emanating from a “whip-lash type” injury of the cervical spine and of numbness and weakness of the arms, principally the right arm. In substance appellants maintain plaintiff sustained little or no injury as the result of the accident, consequently the award of the trial court for physical pain and suffering is excessive and should be reduced. On the ■other hand appellee contends she has suffered severe, painful injury of the neck, hack and arms to such extent the judgment ■of the trial court is inadequate and should he increased

Plaintiff testified she became nervous immediately following the accident but reported to work that day because, at the time, she was unaware she had sustained any serious injury. She did not consult her physician, Dr. Waguespack, on the day of the accident because inquiry revealed he was out of town. Despite pain in her neck she worked the day of the accident and half the next day which was Saturday. On Sunday, however, she experienced a chill and began to feel pain in her arms, partie-ularly in the region of her elbows and most intensely in the vicinity of her right elbow. Although she suffered no cuts or bruises she observed swelling in her right arm near the elbow. On Tuesday, her day off, she consulted Dr. Waguespack. Approximately four weeks following the accident her condition became worse whereupon she was hospitalized by Dr. Means (to whom she was referred by Dr. Waguespack) for a period of five or six days. During her hospitalization she was placed in traction and thereafter wore a “collar” for a period of approximately three weeks. Following her injury she made frequent visits to Dr. Means during which she was given diathermy treatment and administered drugs. According to plaintiff, for ,a period of approximately three months following the accident she was unable to drive an automobile or attend to her personal needs. She could not bathe herself or fix her hair. During this period she lived with her sister who cared for her and attended to those personal needs which plaintiff could not fulfill. Her testimony is to the effect she suffered constantly from pain in her neck, shoulders, back and arms, particularly the right arm and elbow. She was unable to work for approximately three months following the accident as she became easily fatigued and lost the strength in her hands and arms to such extent she was constantly dropping things. She further complained of a feeling of numbness and loss of sensation in both arms which she likened to the feeling experienced when one strikes one’s “crazy bone”. Although she conceded the condition of her back was somewhat improved at the time of trial, she maintained the condition of her neck and arms had grown worse.

Dr. Waguespack, internist, testified plaintiff was a former patient in that he had seen plaintiff on six occasions preceding the date of the accident. On March 28, 1961, plaintiff consulted him for treatment for injuries to her neck, back and arms allegedly sustained in the accident of March 24, 1961. Plaintiff related she received the injuries when her parked vehicle was struck from [100]*100the rear by a heavy truck and trailer. Plaintiff informed him that although no part of her body was struck in the accident, she immediately began to suffer pain in her neck and had continued to experience pain in her neck, shoulders and the crown of her head. Shortly following the accident plaintiff began to suffer pain in both elbows and experienced a feeling which she likened to the sensation produced by a blow to the “crazy bone”. In addition, plaintiff noted swelling in the area of the right elbow. At the time of his examination Dr. Wagues-pack noted the swelling of the right elbow had subsided to considerable degree but palpation disclosed tenderness in antecubi-tal fossae of each arm which Dr. Wagues-pack explained is the “sink in front of the elbow”, — particular tenderness being found in the right antecubital fossae. Dr. Wag-uespack prescribed muscle relaxants and aspirin and also referred plaintiff to an orthopedist, Dr. Richard B. Means, Jr. Predicated upon his examination Dr. Waguespack diagnosed plaintiff’s condition as a whiplash injury but he was unable to account for the symptoms which plaintiff related regarding the condition of her elbows. On May 8, 1961, Dr. Waguespack again saw plaintiff at which time he considered her neck injury to have healed but he found plaintiff still complaining of elbow pain which symptom he could not explain.

Dr. Richard B. Means, Jr., Orthopedist, saw plaintiff March 28, 1961, by referral from Dr. Waguespack. Plaintiff narrated a history of pain immediately following the accident and numbness in both hands and elbows. Upon examination plaintiff was found to be free of objective symptoms of injury excepting tenderness of the neck and both elbows. Dr. Means found no muscle spasm and no impairment of range of motion in the cervical spine.

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Related

Hall v. New Orleans Public Service, Inc.
209 So. 2d 168 (Louisiana Court of Appeal, 1968)
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230 F. Supp. 819 (W.D. Louisiana, 1964)

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Bluebook (online)
155 So. 2d 98, 1963 La. App. LEXIS 1150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batts-v-travelers-insurance-lactapp-1963.