Broussard v. Travelers Indemnity Co.

254 So. 2d 709, 1971 La. App. LEXIS 5487
CourtLouisiana Court of Appeal
DecidedNovember 12, 1971
DocketNo. 3663
StatusPublished
Cited by1 cases

This text of 254 So. 2d 709 (Broussard v. Travelers Indemnity 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
Broussard v. Travelers Indemnity Co., 254 So. 2d 709, 1971 La. App. LEXIS 5487 (La. Ct. App. 1971).

Opinion

DOMENGEAUX, Judge.

This appeal concerns itself with a vehicular accident which occurred on January 16, 1969 at approximately 5:45 o’clock P. M. after dark, at the intersection of Indest and Henry Streets in the City of New Iberia. Plaintiff-appellee Naulis J. Brous-sard, while driving his Comet automobile on Indest Street, was struck from the rear by a Ford automobile belonging to the Louisiana Department of Public Safety, Division of State Police, which was being driven by its employee, Trooper Dale McAnally. Claiming negligence on the part of Trooper McAnally, Mr. Broussard filed suit against Travelers Indemnity Company, the liability insurer of the Ford automobile.

Mr. Broussard, who was 52 years of age at the time of the accident, claims damages for personal injuries to the cervical, thoracic and lumbar regions of the back, in addition to injuries to the left knee, all of which caused him pain, suffering and disability in addition to the incurring of medical expenses. He also seeks an award for property damage to his automobile. There is no claim for lost wages.

The case was tried before a jury commencing on January 10, 1971, and resulted in a verdict in favor of plaintiff in the amount of $23,733.00. Since the liability insurance policy issued by the defendant Travelers was limited to the sum of $20,-000.00, formal judgment was rendered by the district court in that amount.

Travelers has appealed suspensively to this court. Liability is not at issue, and we are only concerned with the alleged exces-siveness of the jury award in light of the evidence presented.

Called to testify on behalf of the plaintiff were Drs. Roy L. Landry and Thomas C. Bush, general practitioners, and Dr. Blaise Salitich, an orthopedic surgeon. Dr. Richard W. Levy, a neurosurgeon and Dr. Harry J. Moresi, Jr., a radiologist, testified upon call by defendant.

The collision was relatively minor, and after the accident was investigated by the New Iberia City Police, the plaintiff drove his automobile to his home. He then went to the emergency room at the Dauterive Hospital, and in the absence of his family physician, Dr. Roy L. Landry, he was seen by another physician. That physician, thought to be a Dr. Musso, did not testify. Plaintiff returned to the hospital the next day, January 17, 1969, and was examined by Dr. Landry. Dr. Landry saw plaintiff again on January 22, 1969 and hospitalized him from that date through February 1, 1969. Dr. Landry saw plaintiff again on March 12, 1970, May 27, 1970 and finally on January 9, 1971, shortly before the trial of this case. Plaintiff was also examined and followed up by Dr. Thomas C. Bush [711]*711who saw him approximately nine times from May 22 to October 1, 1969. Additionally he was sent by his attorney to be examined and treated by Dr. Salitich in New Orleans, who first saw him on February 24, 1969 and who treated him until the time of trial.

X-rays of the back and left knee, the areas complained of, were taken the day after the accident (January 17, 1969) by order of Dr. Landry. Repeat x-rays were made on January 22, 1969. Further x-rays were made on February 24, 1969, February 4, 1970 and January 7, 1971.

Dr. Roy L. Landry, plaintiff’s family physician, testified that when he first saw plaintiff the day after the accident there were complaints of pain in the left knee, in the neck, and in the back. His examination revealed an abrasion and contusion of the left knee, however there was no fluid in the joint, the range of motion of the joint was not limited and the knee was clinically stable. He found tenderness in the trapezius muscle and tenderness upon manipulation of the neck. There were no other findings at that time. There was no spasm. X-ray of the left knee revealed a narrowing of the interspace, which Dr. Landry attributed to osteoarthritis, caused by the aging process, and not connected with the accident. X-ray showed slight narrowing of the C-2 and C-3 interspace. Although he did not find spasm himself, the doctor indicated that x-ray of the cervical vertebrae indicated some spasm. He prescribed medication. He next saw Mr. Broussard on January 22, 1969 at which time he complained of pain in his back, legs, arms and of being nervous. Because of plaintiff’s complaints, the doctor hospitalized him from January 22 to February 1, 1969. The doctor found some marked spasm of the paraspinous muscles in the mid and lower lumbar area. X-rays taken during this hospital confinement revealed a slight narrowing of the lumbar disc space and spurring in the thoracic and lumbar areas consistent with osteoarthritis, caused by the .aging process, but- not associated with the accident. He ruled out a ruptured disc and felt that none of the plaintiff’s complaints were justified except as related to the lower back. The plaintiff apparently suffered from epilepsy and nervousness predating the accident, and had been a patient at a Veterans’ Hospital, and the doctor continued him on medication which had been prescribed from that hospital. ' The plaintiff showed marked improvement during his hospitalization, and after his discharge, he was continued on the veteran hospital’s medication in addition to muscle relaxants and analgesics. On February 26, 1969, plaintiff called Dr. Landry and informed him that he went to consult Dr. Salitich in New Orleans. Dr. Landry saw plaintiff on March 12, 1970. He was complaining of pain in the left knee, and upon examination, Dr. Landry found no pathology. On May 27, 1970 plaintiff went to Dr. Landry’s office and complained that he had had difficulty walking a few days previously, however on this date, he was walking well and was having no difficulty. On that date, the doctor, upon request of plaintiff, filled out a Veterans Administration form concerning plaintiff’s epilepsy. On January 9, 1971 plaintiff came again to Dr. Landry’s office and complained of difficulty sleeping, and discomfort with a neck brace and back corset which Dr. Salitich had prescribed. He complained of backache from the waist up. Dr. Landry examined plaintiff and found no restriction of motion, no muscle spasm, and only subjective complaints of tenderness over the spinous processes of the thoracic and lumbar spine which the doctor indicated were not consistent with his findings. He did find some slight muscle spasm in the lumbar area upon flexion of the knees. Examination of the left knee showed no evidence of interarticular fluid or edema and the joint appeared to be clinically stable with a full range of motion. Dr. Landry’s impression at this time was to the effect that there was no organic basis for plaintiff’s complaints except for mild intercostal neuritis and myositis of the sixth intercostal space [712]*712which was not attributed to the accident. Additionally Dr. Landry indicated that the plaintiff possesses hypochondriacal tendencies.

Plaintiff was seen by Dr. Thomas C. Bush nine times, beginning May 22 and ending October 1, 1969. The doctor did not treat plaintiff during this period inasmuch as it was his understanding that the plaintiff wished him, as a local physician, to more or less follow him along in case he would need any medication for pain in the absence of Dr. Salitich, who, by this time, as aforesaid, had begun treating plaintiff. Dr. Bush’s examination revealed muscle spasm and tenderness in the cervical area and also in the low back, of a moderate nature. As of his last examination, Dr. Bush indicated that plaintiff’s neck condition was improving and his low back condition was about the same. Dr. Bush makes no mention of any complaint made by plaintiff referable to his left knee.

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Related

Broussard v. Travelers Indemnity Co.
256 So. 2d 291 (Supreme Court of Louisiana, 1972)

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254 So. 2d 709, 1971 La. App. LEXIS 5487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broussard-v-travelers-indemnity-co-lactapp-1971.