Hammons v. St. Paul ex rel. St. Paul

101 So. 3d 1006, 2012 La.App. 4 Cir. 0346, 2012 WL 4465598, 2012 La. App. LEXIS 1228
CourtLouisiana Court of Appeal
DecidedSeptember 26, 2012
DocketNos. 2012-CA-0346, 2012-CA-0347
StatusPublished
Cited by13 cases

This text of 101 So. 3d 1006 (Hammons v. St. Paul ex rel. St. Paul) 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
Hammons v. St. Paul ex rel. St. Paul, 101 So. 3d 1006, 2012 La.App. 4 Cir. 0346, 2012 WL 4465598, 2012 La. App. LEXIS 1228 (La. Ct. App. 2012).

Opinion

EDWIN A. LOMBARD, Judge.

|, This is a personal injury action arising out of a rear-end motor vehicle accident. The plaintiff, Charles Hammons, brought this action against Henry St. Paul, on behalf of his minor child, the rear-ending motorist, Jennifer St. Paul, and his insurer, USAA Casualty Insurance Company (“USAA Casualty”). Liability was stipulated, and a jury trial was commenced solely as to damages. For the following reasons, we affirm the jury verdict judgment.

Relevant Facts and Procedural History

On August 13, 2009, the plaintiff, Charles Hammons, was injured in an automobile accident when a vehicle driven by Jennifer St, Paul rear-ended his automobile causing him to collide into the vehicle in front of him driven by Michael Brown.

Shortly after the accident, the plaintiff began experiencing neck and back pain. On August 17, 2009, the plaintiff sought the medical attention of Dr. Leia Frickey, a specialist in general medicine and soft tissue injuries, complaining of neck and mid-back pain. During a physical examination, Dr. Frickey reported that his pain was a 3 on a scale of 1 to 5 and noted an objective finding of plus 2 spasm in the occipitalis muscle of the neck. She further observed that his spasm reversed |2the curvature of the plaintiffs spine. Dr. Frickey recommended electromyostimulation, heat, and ultrasound treatments and prescribed him Vicodin, a pain medication, and Flexeril, a muscle relaxer.

The plaintiff continued medical treatments with Dr. Frickey for approximately five months. By October 2009, the plaintiffs back pain was resolved, but his neck pain persisted with the same intensity. Dr. Frickey performed a magnetic resonance imaging (MRI) test on the plaintiff in December 2009, which revealed that he [1009]*1009had a herniated disc. Specifically, the MRI revealed to Dr. Frickey that the plaintiff sustained a “C6-7 protrusion/su-bligamentous herniation, slightly eccentric to the left, which happen[ed] to be where he was having the pain.” Dr. Frickey also discovered that the plaintiff suffered from a diskogenic tear in his neck, which was a “pain generating source from the trauma he received in the accident.”

As Dr. Frickey advised the plaintiff that there were no formal work restrictions, recommending that the plaintiff abide by common sense restrictions and modify his duties as he felt appropriate in order to not to do anything that would agitate his condition, the plaintiff returned to work. As part of his occupation as a “working foreman,” he goes out with a construction crew and not only shows the crew how to do things, but also works alongside them which often times involves heavy construction work. At work, the plaintiff did not take the prescribed medications out of fear of endangering himself or someone else at the job, which requires working with heavy equipment and sometimes working at elevated levels.

In February 2010, the plaintiff visited Dr. Bradley Bartholomew, a neurosurgeon, as referred to by Dr. Frickey, for a disc herniation and a multiple |.-level arthropa-thy. After Dr. Bartholomew performed a physical examination, he noted that the plaintiff had tenderness on the left side of his neck and that he experienced pain when looking up. He reviewed the plaintiffs MRI and confirmed the findings of Dr. Frickey. Dr. Bartholomew also found a reversal of the normal lordotic curve of the cervical spine.

Dr. Bartholomew diagnosed the plaintiff with a facet syndrome in the neck and referred him to Drs. Zimmerman and Ap-rill for facet blocks, which are a series of injections of steroid and numbing medications designed to help with pain. The plaintiff was administered two doses of injections and both times he suffered from adverse side effects with minimal relief lasting approximately twenty-four hours.

Finding minimal relief with the facet blocks, Dr. Zimmerman performed a medial branch block on the plaintiff, only to find that it merely provided some short-term relief. In November 2010, the plaintiff underwent a rhizotomy, as suggested by Dr. Zimmerman, as a possible alternative for pain management. When the rhi-zotomy did not alleviate the pain, Dr. Zimmerman informed the plaintiff that he would have to learn to deal with the pain.

On April 1, 2010, the plaintiff filed suit in the Civil District Court for the Parish of Orleans, naming as defendants, Henry St. Paul, on behalf of his minor child, Jennifer St. Paul, and his insurer, USAA Casualty Insurance Company, alleging that as a result of the accident, he suffered injuries to his neck and back that required medical treatment.1 USAA Casualty stipulated to liability and chose to try the case solely on the issue of damages.

|4On October 24-26, 2011, a jury trial was held on the issue of damages, during which time the defendants moved for a directed verdict on the plaintiffs claims for future lost earnings/loss of earning capacity and past lost wages. The trial court denied both motions, leaving these issues for the jury to decide.

The jury returned a verdict in favor of the plaintiff, finding that the automobile [1010]*1010accident caused injuries to the plaintiff. The plaintiff was awarded $50,000.00 for past general damages, including mental and physical pain and suffering, $15,000.00 for future general damages, including mental and physical pain and suffering, $13,500.00 for past medical expenses, $7,500.00 for future medical expenses, $15,000.00 for past lost earnings, $59,200.00 for future lost earnings, for a total amount of $160,200.000.

On November 14, 2011, the trial court entered a judgment reflecting the jury’s verdict. The defendants subsequently filed Motions for Judgment Notwithstanding the Verdict (JNOV) on the issues of future lost earnings/loss of earning capacity and past lost wages. After a hearing, the trial court denied the motions for JNOV and this appeal followed.

On appeal, the defendants assign four errors: (1) the trial court erred in denying the defendant’s Motion for Directed Verdict and Motion for JNOV on the plaintiffs future lost earnings/loss of earning capacity claim; (2) the jury erred in awarding damages for future lost earnings/loss of earning capacity; (3) the trial court erred in denying the defendant’s Motion for Directed Verdict and Motion for JNOV on the plaintiffs claim for past lost wages; and (4) the jury erred in awarding damages for past lost wages.

Discussion

Standard of Review

IfiThe standard of review required by the trial court in ruling on both a directed verdict and a motion for JNOV is whether “after considering the evidence in the light most favorable to the party opposed to the motion, the trial court finds that it points so strongly and overwhelmingly in favor of the moving party that reasonable minds could not arrive at a contrary verdict on that issue.” Thus, a trial court may only grant a directed verdict or a JNOV when the evidence overwhelmingly points to one conclusion. Simon v. American Crescent Elevator Co., 99-2058, p. 14 (La.App. 4 Cir. 4/26/00), 767 So.2d 64, 73-4.

On appeal, the standard of review of directed verdicts is whether, viewing the evidence submitted, the appellate court concludes that reasonable people could not reach a contrary verdict under the evidence. Everhardt v. Louisiana Dept. of Transp. and Development, 07-0981, p. 13 (La.App. 4 Cir. 2/20/08), 978 So.2d 1036, 1047.

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Bluebook (online)
101 So. 3d 1006, 2012 La.App. 4 Cir. 0346, 2012 WL 4465598, 2012 La. App. LEXIS 1228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammons-v-st-paul-ex-rel-st-paul-lactapp-2012.