Caracci v. Christiana Bros. Poultry Co. of Gretna

212 So. 2d 509, 1968 La. App. LEXIS 4894
CourtLouisiana Court of Appeal
DecidedJuly 1, 1968
DocketNo. 3143
StatusPublished
Cited by3 cases

This text of 212 So. 2d 509 (Caracci v. Christiana Bros. Poultry Co. of Gretna) 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
Caracci v. Christiana Bros. Poultry Co. of Gretna, 212 So. 2d 509, 1968 La. App. LEXIS 4894 (La. Ct. App. 1968).

Opinion

JOHNSON, Judge.

The plaintiffs are husband and wife. Mrs. Gloria Caracci was injured in an automobile accident and she has sued to collect damages for her personal injuries. Antonio Caracci has sued the defendants for and on behalf of his minor daughter, Gina Caracci, for personal injuries received in the accident and to collect special damages for himself in the amounts paid and to be paid as doctor and medical bills and automobile property damage. The defendants are Christiana Brothers Poultry Company of Gretna, Inc., (hereinafter called Christiana Brothers), its public liability insurer, Marquette Casualty Company and Walter Glocum, its truck driver. On motion of the Louisiana Commissioner of Insurance, the Nineteenth Judicial District Court issued an order placing said insurance company in rehabilitation and enjoining all further proceedings and actions against that insurance company. The Twenty-Fourth Judicial District Court rendered judgment in favor of plaintiffs and against Christiana Brothers and Walter Glocum. Christiana Brothers only has appealed.

About 11:30 a. m., on May 23, 1963, plaintiff Mrs. Caracci, accompanied by her two year old daughter, Gina, was driving from Kenner toward New Orleans on the Airline Highway. At the intersection of Turnbull Avenue, traffic on the Airline Highway stopped in obedience to a red traffic light. There was one car ahead of Mrs. Caracci in the middle lane and the truck of Christiana Brothers, driven by defendant Glocum, was in line behind her. When the light turned green the first car and Mrs. Caracci moved forward slowly. For some unexplained reason, the first car stopped and without hitting the first car Mrs. Caracci stopped before Mrs. Caracci’s car had passed the traffic light in the center of the intersection. The truck did not stop. It collided with the rear end of Mrs. Caracci’s Ford with no damage to the truck and from the pictures with light damage to the Ford. Both vehicles remained stopped in the intersection and the police officer found them in that position with the front end of the truck still touching the back end of the Caracci Ford automobile. From the evidence we find that Mrs. Caracci was not guilty of any negligence; that the driver of defendant’s truck was negligent and that his negligence was the proximate cause of the accident and resultant dajnages.

Mrs. Caracci said she got out of her car and took the baby girl, who was screaming, to a nearby service station to bathe the baby’s face with water. Mrs. Caracci said that while in the service station she began to feel pain in her neck, shoulders and back. After the police came and authorized moving the cars, she drove back to [511]*511her home in Kenner where she quieted the little girl and then she went to bed.

The next day she went to Dr. Rabin’s office but he was not in and she saw Dr. Romano, an associate, who gave her some pills. She said she got worse and went to see Dr. Rabin on May 29th. Dr. Rabin had X-rays of the back and cervical regions made. He gave her a physical examination and found marked cervical muscle spasm and limitation of motion of the head. Neurological examination was negative. He found muscle spasm of the lumbar area with tenderness and limitation of motion of the back. He thought there was flattening of the lordoctic curve and no turning to point back in reversal of the curve. (If this condition did exist then, later X-rays showed the spine to be normal in that respect). Straight leg raising was positive. Flexion of the thighs caused pain in lower lumbar region. The reflexes were normal. Mrs. Caracci complained to the doctor of being unable to sleep, nervousness and headaches. Dr. Rabin gave her the usual pain relief medicine and many treatments by ultrasonic therapy. On June 4th he prescribed a Thomas collar which she wore until July 1, when it was discarded. Frequent therapy to the neck and back was applied until June 29th. She still complained but at that time he failed to find any objective symptoms referable to her lower back. She had full range of motion but complained of some pain at the extremes of motion. The doctor felt she had enough therapy on her back. There was still some muscle spasm at the neck with limited mobility. Therapy of the neck was continued to September 16th. At that time she still complained of neck pain to the doctor but he could find nothing wrong and discharged her as fully cured.

Mrs. Caracci was examined by Dr. So-boloff, another orthopedic surgeon, on August 23, 1963. Examination of the back was negative. He did find some tightness on extremes of neck motion on the left side. He thought the back was fully recovered but felt that a few more weeks of therapy of the neck should resolve that last bit of tightness in the neck.

Dr. George Gernon Brown examined her and made X-rays of neck and back on April 7, 1964. He found the spine revealed the normal cervical lordosis, no muscle spasm, and with excellent range of motion of the neck. Mrs. Caracci did complain of pain on motion and pressure but he thought there was nothing wrong with her.

Mrs. Caracci was sent to Dr. Charles R. Smith, a psychiatrist, on October 18, 1963, by her attorney. She visited Dr. Smith 38 times through August, 1964, and the doctor said he spent from one hour to one hour and a half with her on each visit. Based on the history given by Mrs. Caracci and her husband and the doctor’s own examinations, he testified that Mrs. Caracci had a difficult early life merely because of the death of her mother, when plaintiff was about 12 years old, after which she was transferred from person to person but mostly lived with an older sister. The doctor thinks her life before the accident had been quite secluded, despondent and full of frustrations, including much unhappiness since her marriage, though she did function adequately in her daily duties. After many visits and treatments the doctor has found that her continued complaints of aches and pains, nervousness, and sleeplessness are merely giving vent to pent-up feeling badly about things she had missed in life and in the belief that she has not had a fair deal and now wants one.

The doctor’s diagnosis of Mrs. Caracci’s condition “ * * * was that of a traumatic anxiety reaction related insofar as I could see to the stress inflicted upon an individual in whom there was a somewhat tenuous balance within her personality and that there had been set off a kind of chain reaction of fear and a number of physical manifestations of her anxiety which perpetuated her original complaints, that is, of the neck and back injury.” After continued treatments for some time the doctor said: “* * * she was responding to [512]*512treatment in minimal to moderate degree and that she shows less fear. She is less frightened in some ways, however, she continues to be extremely sensitive to noises, has phobic reactions to situations that remove her from her home and to a large degree she remains withdrawn and isolated. Sleep disturbances and complaints of headaches continue with some improvement.”

After having examined and treated her some 38 times, Dr. Smith said he thought she would need about two or three years continuous treatment of once or twice weekly. He said this would entail something over $6,000.00 in additional fees. However, it is noted that Dr. Smith had not seen her between August, 1964, and September, 1965, and then twice in January, 1966. He explains the long spaces of no treatments as being due to the fact that she became pregnant and gave birth to a baby in September, 1965. He did not make any explanation of why his manner of treatment could not be administered to a person who is pregnant.

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212 So. 2d 509, 1968 La. App. LEXIS 4894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caracci-v-christiana-bros-poultry-co-of-gretna-lactapp-1968.