Easley v. State, Department of Transportation & Development

679 So. 2d 124, 95 La.App. 5 Cir. 715, 1996 La. App. LEXIS 372, 1996 WL 78362
CourtLouisiana Court of Appeal
DecidedFebruary 14, 1996
DocketNos. 95-CA-714, 95-CA-715
StatusPublished

This text of 679 So. 2d 124 (Easley v. State, Department of Transportation & Development) 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
Easley v. State, Department of Transportation & Development, 679 So. 2d 124, 95 La.App. 5 Cir. 715, 1996 La. App. LEXIS 372, 1996 WL 78362 (La. Ct. App. 1996).

Opinion

WICKER, Judge.

This appeal arises from two petitions for damages which were consolidated by the trial court. A separate judgment was rendered in each proceeding. This opinion addresses the appeal taken in the proceeding entitled Linda Page Easley v. State of Louisiana, Department of Transportation and Development, No. 95-CA-715. We have rendered a separate opinion this date in the proceeding entitled Allen H.A. Begnaud v. Department of Transportation and Development, Linda Easley, and Geico, 679 So.2d 113 (La.App.1996). That opinion notes the prior appellate [125]*125history of these bifurcated matters on the issues of liability and quantum.

Linda Page Easley1 filed a suit against the State of Louisiana, Department of Transportation and Development (DOTD) for injuries from a one-vehicle car accident. DOTD filed a cross claim against Easley for contribution. Trial was bifurcated and a determination of liability has become final. This appeal arises from a second trial as to quantum.

Following the second trial on quantum, the trial judge rendered a judgment on April 27, 1995 in favor of Easley and against DOTD in the amount of $350,000 for physical and mental pain and suffering, and $64,038.26 for medical expenses, subject to a reduction for IsEasley’s 65% fault.

DOTD now appeals the award of damages on the basis these were not proven by Eas-ley.

The evidence regarding Easley’s damages consisted of her testimony, Dr. V.J. Ze-ringue’s testimony and Dr. K.A. Matthews’ testimony, as well as various medical records and bills. A review of the medical records from River Parishes Hospital and the testimony of Dr. Zeringue reveals that Easley was admitted to River Parishes Hospital on June 15, 1986 having been brought to the hospital from the scene of the accident. She was 43 years of age at the time. She was an inpatient in the hospital from June 15, 1986 to July 27, 1986. The admit and discharge notes were signed by Dr. Matthew who indicated the following diagnoses:

1. Multiple Trauma
2. Blunt Trauma to chest with multiple rib fractures on both sides
3. Multiple lacerations of the face and extremities
4. Fracture right femur
5. Compound fracture/disloeation of right ankle
6. Fracture pelvis left superior and inferi- or ramii

Dr. Matthew described her past medical history as “remarkable.” He wrote:

Pt. Had a multitude of surgeries for different types of cancers which include malignant melanoma on the right arm, melanoma over the back, carcinoma of the cervix, carcinoma of the ovary and tubes and resection of portion of the colon for infiltrating cancer, probably from the ovary, chemotherapy following the ovarian cancer surgery, degenerative disease of the right hip following massive steroid therapy ...

While in the hospital she had surgeries on June 15, 1986 and June 20, 1986. Dr. Matthew repaired lacerations to her face and right upper eyelid. Dr. Bihan Motaghedi repaired her septum which had been pulled away from her nasal bone. A fracture of the nasal bone was noted on x-rays taken July 16, 1986. Dr. Zeringue’s first surgery consisted of a repair of her ankle, placing a pin through the right tibia or bone right below the knee joint to apply traction for a fractured femur which was also fractured. Dr. Zeringue placed her in a cast following this surgery. While hospitalized immediately following the accident, she was also treated by Dr. Terrence D’Souza, a neurologist, on July 2, 1986 for headaches. He diagnosed these as “most likely” postconcussional with some evidence of a stress component. An EEG taken July 22, 1986 and interpreted by Dr. D’Souza indicates a normal reading.

Dr. Zeringue performed a second operation on June 20, 1986 for the femur, that is, the Uthigh bone. At that time a pin was removed and a rod was placed through the inside part of the femur bone. At this surgery he also operated on the right ankle and placed orthopedic hardware across the fracture sites.

She was described in the medical records as having a “steady but slow improvement in the postoperative period.” She was discharged from the hospital with a walker and was advised to follow up her treatment with Dr. V.J. Zeringue.

Easley testified that after hospitalization she had to stay in a wheel chair about four months because of pelvic fractures. She could not put weight on the right side. She then went to a walker but still could not put [126]*126pressure on the right side. Ultimately she progressed to crutches and then to a cane. It was probably eight months before she could put pressure on the right side. When home from the hospital she still spent a lot of time in bed because it hurt to sit. It took two years or longer after the accident before she could move around like she does today.

Dr. Zeringue testified he again admitted her to River Parishes Hospital on June 23, 1987 for a one-day surgery in which he operated on her ankle. He placed orthopedic hardware on both sides of the ankle and removed orthopedic hardware on the right ankle.

The only medical testimony presented as to causation was the testimony of Dr. Ze-ringue. He testified he treated her from June 15, 1986 through September 14, 1989. She moved in September 1987 and was seeing other physicians in Texas and Georgia. After her second surgery with him on June 23, 1987 he continued to treat her for complaints of pain in the following regions: right hip, right ankle, right and left wrists, and right knee. He stated the right ankle pain and hip region pain were related to the fractures. He explained it was not unusual for someone with a fractured ankle and a fracture to the fibula area to have knee pain. He thought the knee pain was probably caused by Easley’s walking in an unusual manner and found no objective findings in the knee. He testified the injuries he treated her for were the result of the accident. He also thought she had a disability rating of the whole body related to right hip, right ankle, right knee and wrist discomfort of about 30% or 35% as a result of that accident. However, he did not give a disability rating which took into account her prior history of right degenerative hip disease.

IsEasley admitted she had a prior hip problem- as a result of an infection or inflammation from massive doses of prednisone she took for the treatment of lupus. She sought medical attention for the hip problem in January 1986 and March 1986. She stated it had resolved prior to the accident but that she was still on anti-inflammatory medication given her as treatment for this condition at the time of the accident. She denied ever having a fracture of the hip prior to the accident.

Easley testified she had been treated for Lupus from 1984 through 1989. She admitted having multiple cancers since she was 21 years of age. She stated she has not had any problems with skin cancer for a long time.

She testified that at the time of trial, September 19, 1994, she continued to have problems. She showed the trial judge facial scarring from the lacerations to her face. She stated the nasal injury from the accident interferes with her breathing properly. She is unable to use her hands in normal activity. She walks with a slight limp and sometimes uses a cane or other appliance as an aid in walking.

EASLEY: MEDICAL EXPENSES

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Related

Youn v. Maritime Overseas Corp.
623 So. 2d 1257 (Supreme Court of Louisiana, 1993)
Begnaud v. Department of Transp. & Dev.
679 So. 2d 113 (Louisiana Court of Appeal, 1996)
Ferrell v. Fireman's Fund Ins. Co.
650 So. 2d 742 (Supreme Court of Louisiana, 1995)
Rosell v. Esco
549 So. 2d 840 (Supreme Court of Louisiana, 1989)

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679 So. 2d 124, 95 La.App. 5 Cir. 715, 1996 La. App. LEXIS 372, 1996 WL 78362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easley-v-state-department-of-transportation-development-lactapp-1996.