Guidry v. Lafayette Health Ventures, Inc.

203 So. 3d 436, 15 La.App. 3 Cir. 307, 2016 La. App. LEXIS 1406
CourtLouisiana Court of Appeal
DecidedJuly 20, 2016
DocketNo. 15-307
StatusPublished
Cited by3 cases

This text of 203 So. 3d 436 (Guidry v. Lafayette Health Ventures, Inc.) 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
Guidry v. Lafayette Health Ventures, Inc., 203 So. 3d 436, 15 La.App. 3 Cir. 307, 2016 La. App. LEXIS 1406 (La. Ct. App. 2016).

Opinions

COOKS, Judge.

|aOn May 14, 2012, Calvin Joseph Gui-dry, Jr. was operating his 2004 Chevrolet pickup truck and traveling north on Louisiana Highway 339 at its intersection with the Louisiana Highway 14 By Pass in Er-ath, Louisiana. His sister, Kimberly Gui-dry, was a guest passenger. At the same time, Carolyn Borel was operating 'her 2008 Mercury Marquis and approaching the same intersection. When the light at the intersection turned green, both the Guidry vehicle and Borel vehicle began to pass through the intersection.

As the two vehicles proceeded, Karl Credeur, who was driving a 2006 Dodge Caravan owned by his employer, Lafayette Health Ventures, Inc. (hereafter LHV), ran the red light and collided with the Borel vehicle, which then collided with the Guidry vehicle. Mr, Credeur was in the course and scope of his employment with LHV at the time of the accident.

Both Calvin Guidry and Kimberly Gui-dry were allegedly injured as a result of the accident. Kimberly was taken from the scene by ambulance to Abbeville General Hospital. She complained of moderate pain in her lower back and knee pain'. X-rays were performed; she was placed in a cervical collar; and she was prescribed medication. She was told to return if symptoms did not alleviate or if they worsened.

Kimberly subsequently sought ' treatment with Dr. Roland Miller, an orthopedic surgeon in Abbeville, complaining of constant back pain and some radiating pain- into her legs. Dr. Miller ordered an MRI which showed a minimal L-5 annular bulge and a small focal right paracentral disc protrusion containing an annular fissure at L5-S1. Dr. Miller referred Kimberly to Dr. Mary Cory for epidural steroid injections.

LKimberly also sought treatment from Dr. David Wyatt, an orthopedic surgeon. Dr. Wyatt testified her initial complaints were low back, right hip, and knee pain. Dr. Wyatt believed the injections Kimberly received were to reduce the inflammation she suffered from arthritis. Dr. Wyatt noted Kimberly had pre-existing arthritis, but that her condition was aggravated by the' injuries she suffered in the accident.

Kimberly also was treated by Dr. John Martin, who is an anesthesiologist and pain management specialist. He treated Kimberly based on her complaints of pain she attributed to the automobile accident.

Defendants had Kimberly examined by Dr. John Budden, an orthopedic surgeon. Dr. Budden had no objection to the radiologist’s finding that Kimberly suffered from an L5-S1 disc condition with an annular tear. Dr. Budden opined that Kimberly suffered from pre-existing degenerative conditions in both her lumbar spine and her knee, but he felt these conditions were aggravated by the accident.

Kimberly and Calvin, filed a petition for damages based on the injuries they suffered as a result of the accident. Named as defendants were Mr. Credeur, LHV, [439]*439and its liability insurer, QEB Specialty Insurance Company. It was asserted in the petition that damages- were in excess of $50,000.00, thus entitling them to a jury trial. Prior to trial, Calvin settled his case against the defendants.

At the commencement of trial, it was stipulated that Mr. Credeur was in the course and scope of his employment at the time of the accident and was solely at fault in causing the accident. Defendants also stipulated to the authenticity of medical expenses of Kimberly in the amount of $26,244.22, but reserved their right to dispute causation.

|KAt trial, Kimberly presented the deposition testimony of her treating physicians, Dr. Miller, Dr. Wyatt, and Dr. Martin. Defendants argued to the jury that- Kimberly’s doctors could not agree.as.to the source and/or recommended treatment for Kimberly’s complaints of pain. Kimberly asserted claims for future medical expenses, as well as past and future wage loss.

Kimberly testified she was hurt in the accident, had pain as a result of the accident, and .had not been in pain prior to the accident. Despite acknowledging pre-ex-isting conditions in her back and knees, Kimberly maintained she was nevertheless not in pain prior to the accident. Kimberly’s physicians testified in their depositions that the accident aggravated her pre-exist-ing conditions.

Kimberly also called Glenn Hebert, a licensed vocational- rehabilitation counsel- or. Mr. Hebert stated that Kimberly was not a candidate to return to work at this time, finding she was temporarily, totally disabled. Kimberly worked as a sitter, assisting elderly and/or infirmed patients in their home. He testified she would not likely be a candidate for work until she underwent corrective back surgery. Defendants presented the testimony of Ted Deshotels, also a vocational rehabilitation •counselor, who disagreed with the findings of Mr. Hebert, stating he did not find a future loss of earnings capacity was warranted. He believed Kimberly could return to employment. On cross-examination, Mr. Deshotels noted it might be problematic for Kimberly to return to work, but premised that opinion on her cardiac condition rather than the injuries allegedly suffered in the accident.

In conjunction with Mr. Hebert’s testimony, Kimberly presented the testimony of an economist, John Theriot, who stated, at the time of trial, she had past lost income of $40,764.00. Mr. Theriot noted the amount reached by Defendants’ economist, who was not called at trial, was approximately $52,000.00. IfiMr. Theriot also testified Kimberly’s loss of future income was approximately $170,000.00. ■ -

At the conclusion of the three-day trial, the jury returned a verdict finding Kimberly was not entitled to any damages as a result of the accident. Kimberly subsequently filed a motion for new trial, contending the jury’s verdict was clearly contrary to the evidence and law- The trial court, although noting the jury’s verdict “was rather harsh,”, denied the motion for new trial. This appeal followed, wherein Kimberly asserts the following assignments of error:

1. The jury committed manifest error in finding that [she] was not injured in the motor vehicle accident made the cause of this lawsuit, and thus erred in failing to award damages.
2. The trial judge committed legal error in failing to grant - [the] motion for new trial when all evidence was to the contrary, which all indicated that she was injured in the motor vehicle accident.

[440]*440ANALYSIS

This court recently in Cole v. Allstate Insurance Co., 07-1046, p. 2 (La.App. 3 Cir. 6/5/08), 987 So.2d 310, 312, writ denied, 08-1463 (La.10/31/08), 994 So.2d 535, discussed the appellate standard of review for factual determinations as follows:

The standard of appellate review of a trial court’s factual findings is well settled and has long been established in this state. A court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.” Our supreme court set forth a two-part test for the reversal of a factfinder’s determinations: (1) The appellate court must find from the record that a reasonable factual basis does not- exist for the finding of the trial court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). Earls v. McDowell, 07-17 (La.App. 5 Cir. 5/15/07), 960 So.2d 242, citing Stobart v. State through Dep’t of Transp. and Dev., 617 So.2d 880, 882 (La.1993).

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203 So. 3d 436, 15 La.App. 3 Cir. 307, 2016 La. App. LEXIS 1406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guidry-v-lafayette-health-ventures-inc-lactapp-2016.