Charet v. United States

916 F. Supp. 839, 1996 U.S. Dist. LEXIS 5082, 1996 WL 91617
CourtDistrict Court, N.D. Illinois
DecidedFebruary 27, 1996
DocketNo. 95 C 1379
StatusPublished
Cited by1 cases

This text of 916 F. Supp. 839 (Charet v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charet v. United States, 916 F. Supp. 839, 1996 U.S. Dist. LEXIS 5082, 1996 WL 91617 (N.D. Ill. 1996).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HOLDERMAN, District Judge:

The evidence adduced at the one-day bench trial conducted in this case on February 20,1996 revealed the following:

FACTS

At approximately 11:00 a.m. on February 1, 1994, plaintiff Hazel Charet, age 81, slipped and fell as she walked on the sidewalk approaching the entrance doors to the U.S. Post Office in Niles, Illinois. As she fell she extended her left arm, with her hand palm down, to try to brace her fall. She then landed on the left side of her body after cushioning her fall with her hand and arm. After her fall, Mrs. Charet got up with the help of a passer-by and entered the Niles Post Office building. Once inside the Post Office building she told, Viola Wilson, the assistant supervisor at the Niles Post Office what had happened. Ms. Wilson then took Mrs. Charet into an office in the Post Office and gave Mrs. Charet a dampened paper towel to put on her wrist which Mrs. Charet said she had hurt in the fall.

[840]*840Mrs. Charet sat in the office for about half an hour and spoke with postal personnel while she recovered from the jolt of the fall. Mrs. Charet, accompanied by Ms. Wilson, then walked back to Mrs. Charet’s ear which was parked in the Post Office parking lot near the front of the Post Office building. Mrs. Charet, who is right-handed, then drove herself to Lutheran General Hospital in nearby Park Ridge, Illinois using her right hand to steer the ear and draping her left arm over the car’s steering wheel.

At the hospital Mrs. Charet was diagnosed by an emergency room physician, Brian Pine, M.D., as having a fractured left wrist. While at Lutheran General Hospital, on February 1,1994, Mrs. Charet’s left wrist was placed in a plaster cast. She then was taken home to recuperate by her adult daughter and son-in-law who had come to the hospital after being notified of Mrs. Charet’s fall.

Three days later on February 4, 1994 Ms. Charet consulted Melvin P. Katz, M.D. Dr. Katz’s letter to Dr. Pine dated February 4, 1994 states of Mrs. Charet in part:

This 81 year old woman is being seen in consultation secondary to a fall on the ice on 2/1/94. As she fell, she landed on the outstretched left upper extremity. Had immediate pain and tenderness in the left wrist. No other complaints. No history of loss of consciousness. Patient was found to have a severely comminuted, displaced, interarticular fracture of the distal left radius. Was placed in a long-arm cast and comes in today with her daughter. Is feeling better. Still moderate amount of pain at the fracture site. No previous history of injury to this wrist.

On February 11, 1994, ten days after her fall, Mrs. Charet told her physician according to her physician’s notes:

“She feels much better. Has been working on range of motion exercises to the finger and shoulder on the left. Having less pain at the fracture site. Having less pain at the fracture site.” (Government Exhibit 2, pg. 46)

On March 1,1994, one month after her fall, the examining physician’s notes state about Mrs. Charet:

“Is here with her daughter in law. Is feeling well. Has been working on elevation and range of motion exercises. No complaints.” (Government Exhibit 2, pg. 46)

On March 16, 1994, six weeks and one day after her fall, the cast was removed from Mrs. Charet’s left wrist and her attending physician noted she had: “Full range of motion of the fingers and thumb and shoulder.” (Government Exhibit 2, pg. 46)

On March 22, 1994, seven weeks after her fall, Mrs. Charet started a program of physical therapy and told the physical therapist: “It’s getting a lot better.” (Government Exhibit 2, pg. 30, 32)

On March 30, 1994, Mrs. Charet told her physical therapist: “I think I’m doing better.” (Government Exhibit 2, pg. 33)

The notes of Mrs. Charet’s doctor of her visit of April 12,1994 state in part:

Patient’s now approximately 10 weeks post fracture. Has been working on physical therapy, mobilizing her hand and wrist on the left. (Government Exhibit 2, pg. 50)

On April 25, 1994, Mrs. Charet told her physical therapist “I’m doing everything now.” (Government Exhibit 2, pg. 34)

On April 26, 1994 Mrs. Charet.told her physical therapist: “I wasn’t sure if I needed to come back.” (Government Exhibit 2, pg. 31) There were no further notes by the physical therapist of visits by Mrs. Charet after that which were offered in evidence.

On July 12, 1994, Mrs. Charet had an appointment scheduled to see her doctor about her previously broken left wrist. She did not go to that appointment. (Government Exhibit 2, pg. 50)

On July 17, 1994, after being sent a letter by her doctor about her missed appointment, Mrs. Charet attended a rescheduled appointment. Her doctor’s notes state:

Patient is feeling fine, no complaints. Is using the left arm in a regular fashion. (Governments Exhibit 2, pg. 50)

On August 16, 1994, Mrs. Charet saw her doctor for an unrelated ailment and expressed no complaints of pain or discomfort [841]*841in her left wrist. (Government Exhibit 2, pg. 49)

A year later, on August 23, 1995, after having not seen her doctor in over a year, Mrs. Charet again went for a check-up of her wrist. Her doctor’s notes of that visit state in full:

This 82-year old woman is here for “a final check-up” on her left wrist fracture. She states her daughter thought it “would be necessary.” Is settling her lawsuit shortly. She fell in front of a post office. Patient states she is able to use her left hand for her regular activities. Notices no difficulty. Is concerned about the likelihood of re-injury. No other complaints.
PHYSICAL EXAMINATION: Full active range of motion of the left shoulder, elbow and wrist on the left. Full pronation and supination. Severe osteoarthritic changes on the fingers of both hands. No sensory deficit or motor deficit of the fingers including function of the ulnar and median nerve.
X-RAYS GM: AP, lateral, and oblique of the left wrist show additional healing has taken place of the fracture of the distal left radius.
RECOMMENDATIONS: Continue regular activities. Avoid trauma. Follow up p.r.n. Told the likelihood of this refractur-ing without severe trauma would be unusual. (Government Exhibit 2, pg. 49)

Mrs. Charet testified that after her fall her left wrist and arm were “very painful ... very excruciating pain.” She also testified that she has had continuing pain in her left wrist and that her wrist has “healed badly.” The ease with which Mrs. Charet used her left hand and bent her left wrist backward to demonstrate while on the witness stand how she was injured seem to belie any continuing pain from her injury. This, as well as the court’s observations of her use of her left hand and wrist while Mrs. Charet was at counsel table during the trial, has made the court believe that her claims of continuing pain are exaggerated. The court’s observations plus the inconsistency between Mrs. Charet’s testimony and the above-quoted reports affect this court’s assessment of the credibility of Mrs. Charet’s testimony.

As to how she fell when she was approaching the Niles Post Office on February 1, 1994, Mrs.

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916 F. Supp. 839, 1996 U.S. Dist. LEXIS 5082, 1996 WL 91617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charet-v-united-states-ilnd-1996.