Faulk v. Cagle Supply, Inc.

412 So. 2d 1020, 1982 La. LEXIS 10661
CourtSupreme Court of Louisiana
DecidedApril 5, 1982
DocketNo. 81-C-2030
StatusPublished
Cited by2 cases

This text of 412 So. 2d 1020 (Faulk v. Cagle Supply, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faulk v. Cagle Supply, Inc., 412 So. 2d 1020, 1982 La. LEXIS 10661 (La. 1982).

Opinions

DIXON, Chief Justice.

This suit for personal injuries arose when plaintiff was injured in an accident in which his United States Postal Service truck was struck by an eighteen wheeler truck owned by defendant, Cagle Supply, Inc. The jury awarded plaintiff $14,000 in damages. Plaintiff appealed, asserting that the award was too low, and the court of appeal affirmed.1 We granted plaintiff’s application for review. 406 So.2d 607 (La. 1981).

Plaintiff is a mail carrier for the United States Postal Service in Morgan City, Louisiana. On January 18, 1978 he had parked his truck in the driveway of Harold & Andy’s Exxon Service Station in Morgan City. Joseph Faulk was preparing to deliver mail to the station when defendant Roland A. Authement, Jr. backed his truck into plaintiff’s vehicle. Authement was driving an eighteen wheeler truck owned by Cagle Supply, Inc.; he was within the course and scope of his employment at the time of the accident.2

Joseph Faulk continued with his duties for several hours after the accident. He began experiencing pain in his hip and shooting pains in his legs later in the day. Dr. Askew, plaintiff’s family physician, was consulted at the emergency room of a local hospital. The physician prescribed bed rest and pain medication for Mr. Faulk. When the pain did not subside, Dr. Askew referred plaintiff to Dr. Russo, an orthopedic surgeon.

[1022]*1022Dr. Russo diagnosed plaintiff's problem as a lumbar strain and prescribed heat, pain medication and muscle relaxants. Plaintiff was placed on light duty at his job until mid-March. The pain continued, and Dr. Russo advised Faulk to stop working and remain in bed. Plaintiff was allowed to return to work at the end of March. Dr. Russo testified that Mr. Faulk was a cooperative patient with a positive attitude toward recovery, and that he was not feigning injury. Dr. Russo treated plaintiff through mid-December of 1978. At each examination he found muscle spasm and restricted motion in the lower back. Dr. Russo referred Faulk to Dr. Vogel, a neurosurgeon, who recommended physical therapy. Dr. Russo concurred with that recommendation, had plaintiff continue with therapy and use heat at home. Faulk related to Dr. Russo, during an October appointment, that he was having a hard time working because it required long hours of standing. Dr. Russo suggested to plaintiff that some type of disability retirement might be in order. On December 12, 1978 Dr. Russo placed plaintiff on a “no work” status in preparation for a myelogram that Dr. Vogel was to perform.

Dr. Russo did not see plaintiff again until June of 1979. Mr. Faulk had improved somewhat following surgery performed by Dr. Vogel. Dr. Russo discharged plaintiff to Dr. Vogel’s care. Dr. Russo stated he considered plaintiff to have 15% physical impairment. At trial, Dr. Russo testified that plaintiff had reached the “maximum medical benefit” by June of 1979. He explained that phrase in layman’s terms as meaning plaintiff “... was about as good as you’re going to get.” He based this opinion on the length of time that had passed since the accident and the inability of plaintiff to better his condition despite strict adherence to his physicians’ instructions.

Dr. Vogel treated plaintiff from June of 1978 through the time of trial. He diagnosed plaintiff’s injuries as chronic lumbar strain. Physical therapy was prescribed, but discontinued after a short time, and plaintiff was advised to use heat packs. Mr. Faulk was hospitalized in January of 1979, and he underwent a myelogram and a diskogram. Based on the results of these tests, Dr. Vogel performed a rhizotomy on plaintiff.3 The rhizotomy was performed to deaden pain nerves in an attempt to relieve Faulk’s distress. Plaintiff remained hospitalized for three days, and was given permission to return to work in mid-April. He was to begin with only the lightest of work and then progress until he could tolerate lifting a weight of fifty pounds; the fifty pound restriction was to remain in effect until a year after surgery. During this period Mr. Faulk continued conservative care consisting of exercise, daily walks, moist heat and medication. Testimony of Faulk and his wife clearly established that plaintiff was diligent in following the doctor’s orders.

Dr. Vogel examined plaintiff in September, 1979 and determined that his condition had deteriorated since April. Plaintiff was experiencing pain, and the physician found muscle spasm, limitation of motion and scoliosis caused by the muscle spasm. When Dr. Vogel saw plaintiff in January, 1980— one year after the rhizotomy and two years after the accident — his pain had increased. Dr. Vogel performed another myelogram, diskogram and rhizotomy after hospitalizing plaintiff. In March of 1980 Dr. Vogel recommended that plaintiff permanently avoid activities that required lifting or pushing more than fifty pounds and activities that necessitated bending. Dr. Vogel testified that plaintiff suffered from a 5% physical impairment.

Plaintiff became mentally distressed when his condition began to deteriorate after the first rhizotomy. Dr. Vogel referred him to Dr. Cloyd, a psychiatrist. Dr. Cloyd testified that plaintiff was a perfectionist who had trouble adjusting to the limitations [1023]*1023forced upon him. Dr. Cloyd did not believe plaintiff was a malingerer. He found plaintiff to be suffering from depression because he was unable to be as active as before the accident. Plaintiff was having difficulty with his family owing to his lack of patience and irritability since the accident. Dr. Cloyd described Mr. Faulk’s condition as psychoneurotic depressive reaction, and prescribed anti-depressant as well as anti-anxiety medication. Plaintiff improved with the medication, but Dr. Cloyd testified that he was still depressed, and taking medication for tension, anxiety and to help him sleep, at the time of trial.

A neurosurgeon, Dr. Applebaum, was engaged by the defense, and examined plaintiff for R half hour some two years after the accident. Dr. Applebaum found no muscle spasm, no scoliosis and no impaired range of motion. Dr. Applebaum testified that he did not perform rhizotomies because he did not believe them to be effective. Dr. Applebaum’s opinion was that plaintiff showed no evidence of disability and that there was no physical basis for the pain he was experiencing. He stated that there was no reason Mr. Faulk could not return to work.

Additional testimony was given by plaintiff’s supervisor at the Postal Service. He stated plaintiff had an excellent work history and attendance record prior to the accident. Faulk had not been an employee who complained about physical problems. Mrs. Faulk offered testimony as to the change in her family’s lifestyle since the accident. They were a family who enjoyed doing things together such as fishing, camping and various church functions. Mr. and Mrs. Faulk took pleasure in dancing and frequently chaperoned dances sponsored by their church. Mr. Faulk enjoyed working with electronics; he had built his own television as well as remote control miniature airplanes that he would fly with his son. Unfortunately, Mr. Faulk was unable to participate in most of these activities, and simply did not feel like working on things around the house because of his pain. He also became irritable with his family, as corroborated by Dr. Cloyd’s testimony.

The record clearly establishes that plaintiff was injured in the January 18, 1978 accident, and that he continued to suffer for more than two years following the accident.

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Bluebook (online)
412 So. 2d 1020, 1982 La. LEXIS 10661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulk-v-cagle-supply-inc-la-1982.