George v. Allstate Ins. Co.

758 So. 2d 373, 2000 La. App. LEXIS 734, 2000 WL 348965
CourtLouisiana Court of Appeal
DecidedApril 5, 2000
Docket32,899-CA
StatusPublished
Cited by5 cases

This text of 758 So. 2d 373 (George v. Allstate Ins. 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
George v. Allstate Ins. Co., 758 So. 2d 373, 2000 La. App. LEXIS 734, 2000 WL 348965 (La. Ct. App. 2000).

Opinion

758 So.2d 373 (2000)

Victoria B. GEORGE, Plaintiff-Appellant,
v.
ALLSTATE INSURANCE COMPANY, et al., Defendants-Appellees.

No. 32,899-CA.

Court of Appeal of Louisiana, Second Circuit.

April 5, 2000.

*374 William E. Armstrong, Monroe, Counsel for Appellant.

Walter C. Dunn, Monroe, Counsel for Appellees.

Before STEWART, PEATROSS & DREW, JJ.

PEATROSS, J.

Plaintiff, Victoria B. George ("Ms. George"), appeals from a judgment of the trial court against Allstate Insurance Company ("Allstate") and Lealar M. Jones ("Mr.Jones") awarding her $5,605 in damages for injuries sustained by her and her six minor children in an automobile accident. The trial court denied her claim for penalties and attorney fees pursuant to La. R.S. 22:1220. Ms. George appeals both rulings, arguing that the amount of the award of general damages is abusively low and that the denial of her claim for penalties and attorney fees against Allstate was error. For the reasons stated herein, we affirm.

FACTS

Ms. George and her six minor children were involved in an automobile accident with Mr. Jones on June 6, 1997. Ms. George was traveling southbound on Kammell Street in Bastrop, Louisiana, when a truck, driven by Mr. Jones, turned left in front of her vehicle. Ms. George collided with the truck while traveling approximately 25 miles per hour, totaling her vehicle.

The parties stipulated to liability prior to the trial. The only issues at trial, therefore, were quantum and Ms. George's claim for penalties pursuant to La. R.S. 22:1220. Ms. George testified at trial regarding her own injuries and those of her six minor children.

Ms. George, who was not wearing a seatbelt, hit the steering wheel on impact with her chest. She also injured her back, shoulders and neck, cut her lip and dented or chipped the gold crown on her right front tooth. Ms. George sought treatment on the day of the accident at Morehouse General Hospital. She complained of an injured back, neck and shoulder. She was released from the hospital that same day and was advised to take extra-strength Tylenol and to contact her doctor on Monday if her pain had not resolved.

On June 9, 1997, Ms. George sought treatment from her family physician, Dr. Allen Spires, but was informed that she needed authorization from Allstate for the treatment. Allstate provided the authorization and Ms. George, as well as her children, were able to see Dr. Spires on June 10, 1997. On that date, Dr. Spires prescribed a muscle relaxer and Ibuprofen for Ms. George. He also recommended therapy, consisting of a sonolator, ultrasound and hot packs, which she received at his office on numerous occasions. Ms. George remained under Dr. Spires' care *375 for five weeks and was released on July 17, 1997, after her sixth visit.

Ms. George testified that she was not fully recovered when released by Dr. Spires. She placed her degree of recovery on the date of her release between 50 and 70 percent. Ms. George further testified that she was still experiencing residual problems at the time of trial and believed that she was only 83 to 90 percent recovered from the injuries she received in the accident. Ms. George testified that the injuries she suffered affected her ability to effectively run her household and deal with her five-month-old baby. She was also placed on anti-depressants to treat anxiety and depression she allegedly suffered as a result of the accident. Ms. George also testified that she continued to suffer from headaches related to the injuries she sustained in the accident.

Ms. George's six minor children were also transported to Morehouse General Hospital, via ambulance, and treated for injuries suffered as a result of the accident. Each child also saw Dr. Spires for follow-up treatment. Jessica George, ten years of age, complained of headaches and neck and lower back pain. She saw Dr. Spires on three occasions. Dr. Spires prescribed Motrin for Jessica on June 10, 1997. He refilled the prescription on June 18, 1997. Jessica was released from treatment on June 25, 1997. She was the first child to stop complaining about injuries.

Lee George, seven years of age, complained of neck and back pain. He was diagnosed by Dr. Spires as suffering from cervical strain and was prescribed Motrin. He was released from treatment on June 18, 1997, and was the second child to stop complaining about injuries.

Victoria George, Ms. George's five-year-old daughter, complained of injuries to her forehead, neck and leg. The record indicates that Victoria was seen by Dr. Spires on two occasions for a contusion to her leg. Dr. Spires prescribed analgesics for her injuries and released her from his care on June 18, 1997. Ms. George testified that Victoria was the third child to stop complaining about injuries.

Quan'niecia Bradshaw was five months old at the time of the accident. She was sitting in a sibling's lap at the time of the accident rather than in a car seat. According to Ms. George, Quan'niecia cried a lot and was very irritable during the two months following the accident. She was seen by Dr. Spires on two occasions. On June 10, 1997, a work-up was done that revealed no obvious injuries to the child. On June 12, 1997, Quan'niecia underwent an echocardiogram for a heart murmur which showed no apparent injuries related to the accident. Dr. Spires never prescribed any medication or treatment for Quan'niecia who was, according to Ms. George, the fourth child to recover from injuries.

Anna George, nine years of age, complained of stomach, neck and shoulder pain. Anna also saw Dr. Spires on June 10, 1997. On that date, Dr. Spires diagnosed cervical strain and prescribed Motrin for Anna. When she returned on June 18, 1997, Dr. Spires felt that her pain was resolving and released Anna from treatment at that time. Ms. George testified that Anna was not fully recovered from her injuries when released by Dr. Spires, but that the injuries were resolved before Anna started school in August 1997.

Finally, Emanuel Bradshaw, 11 years of age, sustained a hematoma to his nose from hitting the dashboard, a knot on his forehead and swollen eyes. He also complained of memory loss. Emanuel saw Dr. Spires on seven different occasions. His first visit was June 10, 1997, at which time Dr. Spires prescribed Motrin. When Emanuel returned on June 18, 1997, he still had the hematoma which was slightly tender. Dr. Spires prescribed warm compresses and Tylenol for the pain. Emanuel returned the following day complaining of a headache. Dr. Spires repeated his instructions of June 18, 1997.

*376 When Emanuel returned on June 25, 1997, Dr. Spires noted that the hematoma was smaller. Again, on July 2, 1997, Dr. Spires noted that the hematoma was smaller and was continuing to resolve. On July 9, 1997, Dr. Spires noted that the hematoma was even smaller and was now non-tender. Dr. Spires released Emanuel on July 17, 1997. At that time, the hematoma was about the size of a BB and was not tender. Ms. George testified that Emanuel was the last of the children to stop complaining about injuries.

The last date that Ms. George or any of the children were treated by Dr. Spires was July 17, 1997. On August 20, 1997, Ms. George, with the help of her mother, Reola Williams ("Ms.Williams"), contacted Allstate adjuster Paula Aultman ("Ms.Aultman").[1] Ms. George testified that Ms. Aultman offered to settle the case for $4,700. It was the understanding of Ms. George and Ms. Williams, who was listening in on the call, that Ms. Aultman offered Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
758 So. 2d 373, 2000 La. App. LEXIS 734, 2000 WL 348965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-v-allstate-ins-co-lactapp-2000.