Comeaux v. Poindexter

527 So. 2d 1184, 1988 WL 63539
CourtLouisiana Court of Appeal
DecidedJune 22, 1988
Docket87-515
StatusPublished
Cited by10 cases

This text of 527 So. 2d 1184 (Comeaux v. Poindexter) 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
Comeaux v. Poindexter, 527 So. 2d 1184, 1988 WL 63539 (La. Ct. App. 1988).

Opinion

527 So.2d 1184 (1988)

Joseph Jimmy COMEAUX, Individually and on Behalf of his Minor Daughter, Jamie Marie Comeaux, and Sally Montgomery Comeaux, Plaintiffs-Appellees,
v.
Marvin R. POINDEXTER, Southern Instruments, Inc., Jacob Engineering Co., Jacobs Engineering Group, Inc., and Hartford Insurance Company, Defendants-Appellants.

No. 87-515.

Court of Appeal of Louisiana, Third Circuit.

June 22, 1988.

*1185 Terry E. Theriot, Lafayette, for plaintiffs/appellees.

Jones, Tete, Nolen, Hanchey, Swift & Spears, Charles N. Harper, Lake Charles, for defendants/appellants.

Before GUIDRY, FORET and LABORDE, JJ.

GUIDRY, Judge.

Joseph J. Comeaux, individually and on behalf of his minor daughter, Jamie M. Comeaux, and his wife, Sally M. Comeaux, filed this suit for damages allegedly resulting from an automobile accident which occurred on December 13, 1983 when an automobile, occupied by Rose Brown[1] and Jamie Comeaux, and driven by Sally Comeaux was struck by a pickup truck driven by Marvin R. Poindexter. On November 28, 1984, plaintiffs filed this suit against Poindexter; Poindexter's alleged employers, Southern Instruments, Inc., Jacobs Engineering Company, and Jacobs Engineering Group, Inc.; and, their insurer, Hartford Accident and Indemnity Company. On December 26, 1986, three years following the accident, plaintiff, Joseph Comeaux, filed a supplemental and amending petition seeking damages for loss of consortium. After a trial on the merits, the trial court concluded that the accident was caused solely by the negligence of Poindexter and rendered judgment in favor of plaintiffs as follows:

1. General damages to Sally M. Comeaux in the amount of $40,000.00;
2. Future medical expenses for Sally M. Comeaux in the amount of $10,000.00;
3. Damages to Joseph J. Comeaux for loss of consortium in the amount of $15,000.00; and,
*1186 4. General damages to the minor child, Jamie M. Comeaux, in the amount of $250.00.

Plaintiffs were also awarded past medical expenses and expert witness fees. Defendants appealed. After appeal, defendants filed an exception of prescription as to plaintiff's, Joseph Comeaux's, claim for loss of consortium. Plaintiffs answered the appeal seeking an increase in the award of general damages to Sally Comeaux.

FACTS

On December 13, 1983, Marvin R. Poindexter, an employee of Southern Instruments, Inc., was operating a 1979 GMC pickup truck in a northerly direction on Trousdale Road in Calcasieu Parish. Poindexter ran a stop sign at the intersection of Trousdale Road and Old Spanish Trail colliding into a 1975 Toyota Corolla which was being driven by Sally Comeaux east on Old Spanish Trail. Sally Comeaux's minor daughter, Jamie Comeaux, and Rose Brown were passengers in the Comeaux automobile. At trial, it was stipulated that the vehicle driven by Poindexter was owned by Southern Instruments, Inc. and both Poindexter and the vehicle were insured by Hartford Accident and Indemnity Company.

As a result of the accident, Sally Comeaux allegedly suffered a minor cervical strain and severe psychological problems. Jamie Comeaux allegedly sustained a minor contusion and anxiety because of the accident. Additionally, Joseph Comeaux allegedly suffered a loss of consortium due to the neurotic condition of his wife which manifested itself after the accident.

On appeal, defendants do not question the trial court's determination as to liability but urge the following as error:

1. The trial court erred in awarding plaintiff, Sally Comeaux, $40,000.00 in general damages.
2. The trial court erred when it did not raise an adverse presumption against plaintiffs as a result of their failing to call several treating physicians as witnesses.
3. The trial court erred in awarding certain past and future medical expenses to plaintiff, Sally Comeaux.
4. The trial court erred in awarding plaintiff, Joseph Comeaux, damages for loss of consortium.

QUANTUM

Defendants first urge that the award of $40,000.00 in general damages by the trial court is excessive. We disagree.

The general rule in negligence actions is that plaintiff bears the burden of proving the causal connection between the accident and the injuries claimed by a preponderance of the evidence. Coleman v. Victor, 326 So.2d 344 (La.1976). However, "due to the nebulous character of `traumatic neurosis', courts must proceed with utmost caution and scrutinize carefully evidence in support of such a claim". Boutte v. Mudd Separators, Inc., 236 So.2d 906 (La.App. 3rd Cir.1970), writ denied, 256 La. 894, 240 So.2d 231 (1970), at 911. See also Griffith v. Bodden, 273 So.2d 609, 615 (La.App. 1st Cir.1973), writ denied, 277 So.2d 448 (La. 1973).

The record reflects that plaintiff, on the night of the accident, presented herself at the emergency room of West Cal-Cam Hospital in Sulphur complaining of pain in her upper neck radiating into her shoulder which exacerbated with movement. The following day she was treated by Dr. Neil S. Rogers, a Lake Charles chiropractor, who treated her from December 14, 1983 to January 4, 1984. He elicited initial complaints of pain in her neck, left shoulder, upper arm, mid back and lower back with both ears feeling as though she had fluid in them. He diagnosed a nerve root insult which he attributed to the accident of December 13, 1983.

During this period, Mrs. Comeaux was also seen by Dr. John F. Raggio, a neurosurgeon in Lake Charles. Dr. Raggio first saw Mrs. Comeaux on December 21, 1983 after which he followed her through January 27, 1984. Dr. Raggio diagnosed that she was suffering from a mild cervical strain which he felt was caused by the accident. However, of extreme importance *1187 is the fact that Dr. Raggio noted that during the period of time he saw her, she was developing anger, depression and emotional problems. He treated her with therapy and anti-depressants for her emotional problems. Dr. Raggio then referred Mrs. Comeaux to Dr. Lynn E. Foret, an orthopaedic surgeon, and to Dr. P. Keith Nabours, a psychiatrist, for further care. Dr. Lynn Foret admitted Mrs. Comeaux to the hospital on February 2, 1984 with neck and back problems, accompanied by blackout spells. Mrs. Comeaux's physical examination was normal. However, he diagnosed a mild cervical strain with low back pain and severe depression. Because of this depression, Dr. P. Keith Nabours, a psychiatrist, was called in.

Dr. Nabours saw and treated plaintiff from February 8, 1984 through September 29, 1986. Mrs. Comeaux's initial complaints were of neck, shoulder, head problems and depression with no prior history of physical or mental problems. Dr. Nabour's initial diagnosis, which was later confirmed by subsequent visits and testing, was: (1) a major depression with melancholia, first episode; (2) characteristics of a histrionic personality; and, (3) severe susceptibility to psycho-social stressers (conversion reaction), such as the accident of December 1983, with adaptive functioning prior to the accident being very good. The doctor concluded that she had a quiescent instability that was aggravated by the accident of December 13, 1983 and which caused characterological problems and depression. This condition manifested itself by Mrs. Comeaux demonstrating an aggravating twisting motion of her neck, a robot like walk (parkinsonian-type symptoms), loud burping in public, twitching of the eyebrows, and refusal to eat and sleep.

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Bluebook (online)
527 So. 2d 1184, 1988 WL 63539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comeaux-v-poindexter-lactapp-1988.