Crenshaw v. Firemen's Fund Indemnity Co.

119 So. 2d 663, 1960 La. App. LEXIS 1452
CourtLouisiana Court of Appeal
DecidedMarch 22, 1960
DocketNo. 9175
StatusPublished
Cited by3 cases

This text of 119 So. 2d 663 (Crenshaw v. Firemen's Fund 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
Crenshaw v. Firemen's Fund Indemnity Co., 119 So. 2d 663, 1960 La. App. LEXIS 1452 (La. Ct. App. 1960).

Opinion

AYRES, Judge.

This is an action for damages arising out of a head-on motor vehicle collision between plaintiff’s Chevrolet pickup truck and defendant’s assured’s Chevrolet automobile. Plaintiff sought damages aggregating $10,-720.36 which he itemized and claimed for pain and suffering, permanent disability, loss of earnings, medical expenses, and property damage to the truck. Liability was admitted within the policy limits.

On trial, plaintiff was awarded $7,998.-30. Contending that the award was excessive, exorbitant, and oppressive, defendant appealed and seeks a reduction by at least $5,500. Plaintiff answered the appeal, asserting, to the contrary, that the award was inadequate, and prayed that it be increased to the amount originally claimed. Although contending that the awards for property damage and for medical expenses in the sums of $720.36 and $778, respectively, were excessive, defendant, nevertheless, reluctantly conceded plaintiff’s right to such recovery.

Remaining for consideration on this appeal is the sole matter of the quantum of damages for the pain, suffering, and permanent disability allegedly sustained as the result of the aforesaid accident.

The facts may be briefly stated. Soon after the occurrence of the accident plaintiff was found by two neighbors who chanced to come by. He was in the cab of his truck in an unconscious condition. Being placed in an automobile, he was rushed to the hospital and clinic to Dr. L. S. Hucka-bay, Coushatta, Louisiana. Upon arrival, the doctor found that plaintiff was suffering such extreme shock that he was apprehensive of plaintiff’s survival. Plaintiff was given blood transfusions and administered oxygen during the continuance of his unconscious state, extending over a period of three days.

Plaintiff, according to Dr. Huckabay, sustained bruises all over his body and contusions of both knees and elbows. X-rays revealed broken ribs, the fourth and fifth on the right side. During the course of his hospitalization, extending from the date of the accident, November 21, 1958, to January 3, 1959, or for a period of 43 days, plaintiff developed, from the trauma, shock, and hospitalization, hyperstatic pneumonia lasting from two to three weeks. After his discharge from the hospital, plaintiff thereafter remained under the medical care of Dr. Huckabay, to and including the time of trial, ten months following the accident. Continuance of medical attention was indicated as necessary for an indefinite period thereafter.

Before further discussing the medical testimony, it appears appropriate to point out that at the time of the accident plaintiff was 63 years of age, in apparent good health, and fully able to and actually per[665]*665forming hard, strenuous manual labor. For the first seven years of an eight-year period immediately preceding the accident, plaintiff operated a motor patrol or a road-grading machine, for the Red River Parish Police Jury, and, for the year thereafter, being the year immediately preceding the occurrence of the accident, plaintiff operated a 16-ton bulldozer and a “bush hog.” Obviously, the operation of these machines, particularly a bulldozer, in clearing land -and uprooting and pushing down trees, et cetera, is strenuous labor requiring an exceedingly remarkable degree of agility to manipulate and apply the many levers and pedals.

Plaintiff testified that since his discharge from the hospital, he had not been able to ■resume his former employment, or employment of any similar character, but that his -activities had been confined to operating a ■fish-bait stand where he sold “shiners,” worms, and artificial bait, fishhooks, lines, leads, corks, and cigarettes, other than on ■one occasion, he assisted in shearing some sheep in connection with which he merely picked up the wool and tied it in small ■bundles as it was sheared from the sheep, and, on another occasion, when he assisted his son in trapping minnows. Neither of ■these activities required the lifting of any -objects of any consequential weight.

The medical experts testifying in the case, in addition to Dr. Huckabay, were Dr. Ira L. Campbell, Jr., a general practitioner, who, as did Dr. Huckabay, appeared personally, and Drs. T. M. Oxford -and Willis J. Taylor, orthopedists, and Heinz K. Faludi, a neurosurgeon, all of whom testified by a deposition.

Reference has already been made to the ■testimony and findings of Dr. Huckabay, as shown by the above résumé. He further testified, however, that, while in the hospital, plaintiff suffered severe pain and that ■there was sufficient basis from which it could be concluded, and from which he did •conclude, that plaintiff continued to suffer even to the day of trial. The doctor expressed the opinion that plaintiff had not completely recovered from the accidental injuries sustained and that, in his opinion, he would never do so to the extent of resuming any kind of hard labor. Plaintiff’s continual complaint of pain in his head, neck, shoulders, and back was consistent, according to Dr. Huckabay, with the extent and nature of the accidental injuries received by plaintiff in the impact of the collision, which he characterized as a form of whiplash injury.

During the course of Dr. Huckabay’s treatment of plaintiff, plaintiff was referred by Dr. Huckabay to Dr. Oxford, who examined plaintiff March 30, 1959. The doctor found no objective basis for plaintiff’s continued disability. He did find, however, osteo-arthritis in both lumbar and cervical areas of the spine, as well as arthralgia of the left elbow, left hip, and both knee joints. He would not, however, classify the arthritis as traumatic in origin, but stated that, where plaintiff had never suffered pain in his cervical and lumbar spine prior to the accident, the accident probably aggravated the arthritic condition. Similar testimony was given by Dr. Willis J. Taylor. Both he and Dr. Oxford testified that evidence of shock and unconsciousness, as experienced by plaintiff, indicated that he had received severe and painful injuries; but that he was able, in their opinion, to return to his former work; and that, if he was able to operate a bulldozer before the accident, he could do so thereafter. This opinion was qualified, if plaintiff, in fact, suffered pain as he complained.

Dr. Faludi, who examined plaintiff September 8, 1959, testified that plaintiff suffered shortness of breath, breathed heavily, and walked with a slight limp, probably due to pain in both knee joints; tenderness over all cervical spinous processes; callous formations on the third, sixth, and seventh ribs on the right side, with a deviation or angulation of the ninth rib slightly beyond normal which, together with the aforesaid callous formations, indicated old frac[666]*666tures; swelling was apparent over the right knee, with scars on both knees. In addition to the other injuries suffered by plaintiff, Dr. Faludi was of the opinion that plaintiff had suffered a whiplash injury in a moderate degree. His opinion was that plaintiff was totally disabled and was not, nor would he ever be, able to do hard manual labor such as, or similar to, operating a bulldozer.

Testifying pursuant to an examination made September 14, 1959, Dr. Ira L. Campbell, Jr., testified that, in his opinion, plaintiff was not able to do heavy manual labor and, in view of the time elapsed since the accident, and considering his age, plaintiff’s inability to do such work was permanent.

In evaluating the testimony of the aforesaid experts, we are urged to give consideration to a rule generally prevailing in workmen’s compensation matters.

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119 So. 2d 663, 1960 La. App. LEXIS 1452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crenshaw-v-firemens-fund-indemnity-co-lactapp-1960.