Bouquet v. Wal-Mart Stores, Inc.

978 So. 2d 447, 2007 WL 4463484
CourtLouisiana Court of Appeal
DecidedJanuary 10, 2008
Docket2006 CA 1811
StatusPublished
Cited by2 cases

This text of 978 So. 2d 447 (Bouquet v. Wal-Mart Stores, Inc.) 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
Bouquet v. Wal-Mart Stores, Inc., 978 So. 2d 447, 2007 WL 4463484 (La. Ct. App. 2008).

Opinion

978 So.2d 447 (2007)

Bobbie BOUQUET and James W. Bouquet, Jr.
v.
WAL-MART STORES, INC.

No. 2006 CA 1811.

Court of Appeal of Louisiana, First Circuit.

December 21, 2007.
Writ Denied April 4, 2008.
Rehearing Granted January 10, 2008.

*448 Peyton P. Murphy, Lewis Unglesby, Baton Rouge, LA, for Plaintiffs-Appellants Bobbie and James W. Bouquet, Jr.

Mark D. Plaisance, Baker, LA, Appellate for Plaintiffs-Appellants Bobbie and James W. Bouquet, Jr.

Roy C. Beard, Sidney J. Hardy, Metairie, LA for Defendant-Appellee Wal-Mart Louisiana, L.L.C.

Before GUIDRY, PETTIGREW, DOWNING, HUGHES and WELCH, JJ.

DOWNING, J.

This is an action for personal injuries sustained by the plaintiff, a store patron, who claimed to have sustained injury when she slipped and fell while shopping at defendant's store. Following a trial by jury, plaintiff was awarded $115,000.00 in general damages, $110,000.00 in future medical expenses, and $143,766.30 in past medical expenses. Plaintiff's husband also received an award of $15,000.00 for his loss of consortium. The trial court thereafter denied plaintiffs' motions for additur, JNOV, and in the alternative, for a new trial. Plaintiffs have appealed. For the reasons that follow, we reverse.

FACTS

On August 26, 2002, plaintiff, Bobbie Bouquet, was a patron of the Wal-Mart store located at 14740 Plank Road in Baker, Louisiana. As Mrs. Bouquet was walking through the pet department of the aforementioned store, she allegedly slipped and fell due to water on the floor in front of the fish aquariums. According to the testimony of Mrs. Bouquet, her right foot slipped and she fell to the floor on her buttocks. Following her fall, Mrs. Bouquet claimed to have noticed paper towels on the floor, as if someone had previously attempted to wipe up the water.

After reporting the accident to store personnel, Mrs. Bouquet and her husband, James W. Bouquet, Jr. (also a plaintiff herein), continued along their planned journey to their daughter's home in Kentwood, Louisiana. Several hours after arriving at her daughter's home, Mrs. Bouquet testified that her back pain increased and she sought treatment at the emergency room of Lallie Kemp Hospital. After filling out the necessary paperwork, Mrs. Bouquet claimed that she was required to wait approximately eight hours until she left the hospital without seeing a doctor.

Mrs. Bouquet testified that she traveled to Baton Rouge the following day and sought treatment at the walk-in clinic at Earl K. Long Medical Center. Personnel at the hospital took x-rays of Mrs. Bouquet's left knee and lumbar spine, and prescribed a muscle relaxant together with anti-inflammatory medication. On September 4, 2002, Mrs. Bouquet sought treatment from Dr. Charles K. Angelo, Jr., a family practitioner in Donaldsonville, Louisiana. At this point, Mrs. Bouquet testified that she obtained an attorney, and was referred on September 12, 2002, to the care of Dr. F. Allen Johnston, an orthopedic surgeon in Baton Rouge, Louisiana. Dr. Johnston treated Mrs. Bouquet conservatively, prescribing anti-inflammatory medication and physical therapy. When Mrs. Bouquet returned to Dr. Johnston on October 31, 2002, with continued complaints of unremitting pain in her lower *449 back, Dr. Johnston ordered an MRI. The results of the MRI suggested degenerative problems between Mrs. Bouquet's fourth and fifth vertebrae. Dr. Johnston thereafter scheduled Mrs. Bouquet to undergo one, then later a second, epidural steroid injection, in an effort to alleviate the irritation in the nerve root and lessen the pain radiating down her leg.

When the epidural steroid injections failed to diminish Mrs. Bouquet's complaints of pain in her lower back, Dr. Johnston referred Mrs. Bouquet to a fellow orthopedic surgeon, Dr. Jorge Isaza, for a surgical evaluation. Dr. Isaza began treating Mrs. Bouquet on February 21, 2003. Dr. Isaza reviewed Mrs. Bouquet's medical records and ordered additional testing, including a lumbar myelogram, in an attempt to diagnose Mrs. Bouquet's ongoing complaints of lower back pain. At trial, Dr. Isaza conceded that many of the findings that he observed (i.e., lumbar osteophytes, narrowing of the disc space, foraminal stenosis, and facet hypotrophy) were degenerative conditions that predated Mrs. Bouquet's fall at Wal-Mart. Based upon these findings, Dr. Isaza performed a lumbar fusion at the L4-5 level on May 10, 2004.

Dr. Isaza referred Mrs. Bouquet to Dr. John E. Clark, a Baton Rouge physician, specializing in physical medicine, rehabilitation, and pain management. Dr. Clark initially saw Mrs. Bouquet prior to her surgery in August 2003, and attempted, through pain management techniques, to obviate the need for surgery. Unfortunately, Dr. Clark was unable to alleviate Mrs. Bouquet's pain. Following the surgery performed by Dr. Isaza, Mrs. Bouquet no longer complained of pain in her leg, but continued to express complaints of pain in her lower back and buttocks. Dr. Clark continued to treat Mrs. Bouquet with narcotic pain medications, antidepressants, muscle relaxants, and a series of steroid injections.

Mrs. Bouquet also saw Dr. Robert Davis, a psychologist, who diagnosed her with clinical depression and psychosis associated with her physical pain and limitations. Prior to trial, Mrs. Bouquet also saw Dr. J. Michael Burdine, a board-certified pain management specialist, who testified via deposition that his office had provided Mrs. Bouquet with routine literature regarding further treatment options that might help to lessen her pain. These treatment options included implantation of a spinal cord stimulator, intrathecal infusion device, or possibly, additional lumbar surgery at some point in the future.

ACTION OF THE TRIAL COURT

On July 10, 2003, Mr. and Mrs. Bouquet (hereinafter referred to collectively as "plaintiffs") filed suit in East Baton Rouge Parish, naming Wal-Mart Stores, Inc. ("Wal-Mart") as a defendant.[1] Wal-Mart later responded to the petition filed by plaintiffs, generally denying the allegations contained therein, and asserted a third party demand against Feather & Fin Ranch (hereinafter "Feather & Fin"), and its insurer, Travelers Property Casualty Company of America (hereinafter "Travelers"). Wal-Mart claimed that at the time of Mrs. Bouquet's alleged accident, Feather & Fin was providing maintenance service to Wal-Mart's aquariums and related appurtenances in accordance with a vendor's agreement executed by representatives of Feather & Fin and Wal-Mart.

*450 On December 1, 2004, plaintiffs filed an amended and supplemental petition, naming Feather & Fin and Travelers as additional defendants therein. Wal-Mart and plaintiffs later moved to dismiss their claims against Feather & Fin and Travelers on March 29, 2005 and April 4, 2005, respectively.

This matter ultimately proceeded to a trial by jury on January 31, 2006 through February 2, 2006. After listening to the evidence presented and the charges of the trial court, the jury returned a verdict in favor of plaintiffs and against the defendant, Wal-Mart. The jury awarded to Mrs. Bouquet the following sums:

   Past medical expenses . . . . . . . . . . . . . . . .   $143,766.30
   Future medical expenses . . . . . . . . . . . . . . .   $110,000.00
   Physical pain and suffering (past and future)           $ 50,000.00
   Mental pain and suffering (past and future) . . . . .   $ 50,000.00
   Loss of enjoyment of life . . . . . . . . . . . . . .   $ 15,000.00
                                                           ___________
   TOTAL  . . 

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Related

Bouquet v. Wal-Mart Stores, Inc.
978 So. 2d 326 (Supreme Court of Louisiana, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
978 So. 2d 447, 2007 WL 4463484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bouquet-v-wal-mart-stores-inc-lactapp-2008.