Freeman v. Rew

557 So. 2d 748, 1990 WL 18570
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1990
Docket21298-CA
StatusPublished
Cited by26 cases

This text of 557 So. 2d 748 (Freeman v. Rew) 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
Freeman v. Rew, 557 So. 2d 748, 1990 WL 18570 (La. Ct. App. 1990).

Opinion

557 So.2d 748 (1990)

Harlon FREEMAN and Mary Freeman, Plaintiffs-Appellants,
v.
Fred REW, Linda Rew and Casualty Reciprocal Exchange Co., Defendants-Appellees.

No. 21298-CA.

Court of Appeal of Louisiana, Second Circuit.

February 28, 1990.
Rehearing Denied March 29, 1990.

Wilson & Stephens, David Paul Wilson, Shreveport, for plaintiffs-appellants.

Bodenheimer, Jones, Klotz & Simmons, G.M. Bodenheimer, Shreveport, for defendants-appellees.

Before SEXTON, LINDSAY and HIGHTOWER, JJ.

HIGHTOWER, Judge.

In this rear end automobile collision case, Harlon Freeman ("plaintiff") and his wife, Mary, appeal a judgment denying their respective claims for personal injury and loss of consortium against the following motorist, Linda Rew ("defendant"); her husband, Fred Rew; and the Rews' liability insurer, Casualty Reciprocal Exchange Company. For the reasons hereinafter expressed, we affirm.

FACTS

Plaintiff, who is disabled because of a 1979 work related injury, testified that at approximately 6:00 p.m. on a rainy day, November 19, 1986, he was traveling south on Highway 509 in Mansfield, Louisiana. He was driving a 1970 four door Cadillac DeVille, which he described as "one of the heaviest on the road." His wife and adult son were passengers; all the vehicle's lights, including the taillights, were on. *749 About half a block from a planned left-hand turn onto Pegues Street, plaintiff activated his blinker and applied his brakes two or three times, eventually coming to a complete stop. Seconds later, he was struck from the rear by a 1984 Delta 88 Oldsmobile, driven by Mrs. Rew and acknowledged by plaintiff to be a smaller car than his.

The impact, plaintiff recalled, either knocked his car 40 feet or, by precipitating loss of control of it, permitted the vehicle to travel that distance. Plaintiff's neck snapped back, colliding with either the head rest or the seat back, and his head struck the hard hat worn by his son sitting in the back seat. Theorizing that he even may have been rendered unconscious, plaintiff recounted regaining his senses, only to find himself under the steering wheel with his right leg under, and his left leg on, the dash. A headache began instantaneously; blurred vision and neck and shoulder pain soon followed. Plaintiff's wife and son incurred no injuries and sought no medical attention. After his consciousness returned, plaintiff backed his car up and turned down Pegues Street, where he parked.

Concerning damage to his vehicle, plaintiff stated that the right back quarter panel and right back bumper were bent, as well as the car frame. The automobile was not repaired, plaintiff indicating simply, "They totaled it," although submitting no supporting documentation. In contrast to these descriptions of seemingly severe damage, plaintiff acknowledged under cross-examination that the rear light bulbs were not broken.

In addition to the 1979 low back injury, plaintiff, age 48, had experienced five previous automobile accidents, including two "head-on" collisions. He also, at one time, sustained a gunshot wound to the abdomen.

While conceding that an impact transpired, Mrs. Rew recalled the accident differently. She remembered slowing down shortly before the mishap as she was approached other cars. However, she observed no lights, including brake lights, illumined on plaintiff's Cadillac. The car in front turned and, perceiving no reason for plaintiff to then remain stationary, Mrs. Rew believed him to be proceeding straight ahead. With her vehicle's speed being approximately 15 miles per hour, contact occurred with the rear of plaintiff's car, which appeared to continue traveling at the same speed as before impact.

According to defendant, she had plaintiff in view at all times throughout the mishap. Contrary to plaintiff's claim of being thrown under the steering wheel, she testified that he maintained his position in the driver's seat, proceeded to the next intersection in a normal manner, and turned onto Pegues Street. Plaintiff was not required to back his car up before turning.

The damage to the Oldsmobile was minor, requiring $233 to repair. Although first observing no defacement of plaintiff's vehicle, defendant detected a "little warp" upon closer inspection. Mrs. Rew's two children, ages seven years and three months, riding in belted car seats, were completely unaffected by what she described as a "touching type accident." Finally, she recalled plaintiff saying nothing when asked if he was hurt.

Also testifying was Mansfield police officer Curtis Shaw, Jr., who arrived on the scene shortly after the accident occurred. According to his understanding of events, the larger vehicle was struck from the rear while waiting to make a left-hand turn. He stated, however, that both cars sustained "very, very light" damage. In fact, since the damage to each car was deemed insignificant, no estimated amount was noted on the damage scale of the officer's accident report. Basing his opinion on many years of experience as an officer, Shaw characterized the mishap as an extremely minor one.

Upon Shaw's investigatory inquiry as to whether anyone was injured, plaintiff and the other occupants of his car replied in the negative. Subsequent to the accident, the officer twice saw plaintiff, a distant relation, but noticed no changes in his physical condition.

*750 On November 21, 1986, two days after the accident, plaintiff presented himself at the LSU Medical Center emergency room. He complained of shoulder, neck, and left eye pain, as well as visual difficulties with the eye. Plaintiff's records disclose a diagnosis of musculo-skeletal pain with a muscle relaxer and anti-inflammatory medication being prescribed. He was advised to see a doctor at the LSU Eye Clinic.

On referral by his attorney, plaintiff next saw an orthopedist, Dr. Ragan Green, on December 4. In his deposition, Dr. Green recalled plaintiff describing headaches, neck pain and left arm pain. Also expressed were complaints of decreased sight in the left eye and diminished feeling upon looking all the way to either the left or right side. Cervical examination disclosed tenderness to palpation and a decreased range of motion. Physical therapy and a collar were prescribed; the muscle relaxer and inflammation medication were changed. Dr. Green subsequently saw plaintiff, on December 4 and 12, with continued expressions of discomfort. He was told to persist in his therapy.

Based on purely subjective symptoms, Dr. Green diagnosed the problem as cervical strain. Severity was termed as mild to moderate. According to the physician, he was unable to state that plaintiff received no injury in the accident, and only could say that he had no "objective signs of injury."

About a month after the accident, plaintiff consulted Dr. Ray Michael Freeman, an opthalmologist, concerning visual difficulties with his left eye. Although informed of the details of the accident, the doctor detected no inflammation or other sign of trauma in the eye. Prior cataract surgery to that eye in February 1986 had resulted in the implantation of an intraocular lens, a device supported by a natural membrane which was purposefully not removed. Dr. Freeman's postaccident examination disclosed opacification of the tissue, a condition in which the membrane becomes clouded and vision at times is slightly impaired. The problem was ultimately corrected by laser surgery in July 1988. In addition, another cataract in plaintiff's right eye, first detected about six months before the accident, had further developed, and its progression eventually required surgery.

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Cite This Page — Counsel Stack

Bluebook (online)
557 So. 2d 748, 1990 WL 18570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-rew-lactapp-1990.