Harrison v. Richardson

806 So. 2d 954, 2002 WL 84275
CourtLouisiana Court of Appeal
DecidedJanuary 23, 2002
Docket35,512-CA
StatusPublished
Cited by6 cases

This text of 806 So. 2d 954 (Harrison v. Richardson) 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
Harrison v. Richardson, 806 So. 2d 954, 2002 WL 84275 (La. Ct. App. 2002).

Opinion

806 So.2d 954 (2002)

Latasha HARRISON, Plaintiff-Appellee,
v.
Mary Lee RICHARDSON, Allstate Insurance Company and Safeway Insurance Company of Louisiana, Defendants-Appellants.

No. 35,512-CA.

Court of Appeal of Louisiana, Second Circuit.

January 23, 2002.

*955 Tracy L. Oakley, Ruston, Counsel for Appellant, Safeway Ins. Co.

Raymond L. Cannon, Tallulah, Counsel for Appellee.

Before STEWART, GASKINS and PEATROSS, JJ.

STEWART, J.

Defendant, Safeway Insurance Company of Louisiana, (Safeway) appeals from a judgment awarding plaintiff, Latasha Harrison Griffin, $34,349.08 plus judicial interest and costs for personal injuries Harrison sustained in an accident. For the following reasons, we affirm the judgment of the trial court.

FACTS

On December 31, 1998, 27-year-old Mrs. Latasha Harrison Griffin drove to the home of defendant, Mary Richardson *956 Mitchell[1], to visit Richardson's daughter Yolanda. Ms. Richardson's house is close to the street and most of the small front yard is taken up by a U-shaped driveway. The driveway—as depicted in a photo exhibit —is quite short. A drainage ditch runs through the edge of Richardson's yard parallel to the street; the ditch runs under the concrete driveway except where it runs through a small patch of grass that lies in the unpaved area of the yard. Richardson's car was parked directly in front of her house, perpendicular to the house, with the front of the car facing the house and the rear facing the street and close to the grass portion of her front yard.

Harrison parallel parked her vehicle on the street in front of Richardson's house and partially behind Richardson's car and then got out to go to Richardson's front door. Harrison's car was parked less than a car length away from where Richardson's car was stopped.

Harrison did not notice that Richardson was in her car and that Richardson's car was running. Richardson said that she had "a couple of swallows of beer" before driving and that her car radio was on. As Harrison walked toward the door, Richardson began to back her car out of the driveway. Richardson testified that she looked around her, primarily to the left and right, as she backed out, but that she did not see Ms. Harrison. As Richardson backed out, Richardson's car struck Harrison and, according to Harrison, knocked her back against her own vehicle. Although Harrison banged on the back of Richardson's car, Richardson continued to back up, pinning Harrison against her own car. Richardson finally heard Harrison pounding on the car and pulled forward, freeing Harrison.

Harrison testified that before the accident she did not notice Richardson in her car nor did she see Richardson's taillights although the car was between Harrison and her destination, the front door of the Richardson house. Sanquenette Thompson, a witness to the accident, who testified that she was standing in Richardson's front yard, and that she saw that Richardson's taillights were on. Another witness who claimed to be standing in the yard, Derrick Houston, testified by deposition that Ms. Richardson was already backing up as Harrison got out of her vehicle. He said that nothing prevented Richardson from seeing Harrison behind Richardson's car. Houston said that he had seen Richardson drink one beer prior to getting into the car. Harrison testified that she did not see Thompson or Houston in the yard before the accident and said that they could have come out afterward. After the accident, Harrison got back in her vehicle and drove to her mother's house.

At trial, the parties stipulated to the introduction into evidence of Harrison's medical bills and the depositions of Doctors Jose Ferrer and Lawrence Chenier. Ms. Harrison's first visit to a doctor was on January 5, 1999 when she saw Dr. Chenier. At this visit she related complaints of neck, chest, left arm and upper back pain. The doctor observed tenderness in Ms. Harrison's neck, left arm and elbow, upper back and jaw and diagnosed her with sprains in those areas. The doctor prescribed a muscle relaxant to be taken three times a day and a pain reliever as needed. Harrison returned to see Dr. Chenier on January 19, 1999, and complained of pain in the same areas; the doctor added an anti-inflammatory drug to *957 her drug regimen. On Dr. Chenier's advice, Harrison went to physical therapy beginning on January 20, 1999. However, after a few visits, she discontinued physical therapy complaining that therapy made her feel worse instead of better.

Her complaints of pain continued at her next visit, February 2, 1999, and the doctor advised her to apply moist heat to the affected areas four times per day. By her next visit on March 1, 1999, Harrison's left elbow and jaw sprains had resolved and her back and shoulder had improved. On April 6, 1999, Harrison returned to see Dr. Chenier and complained primarily of neck and back pain, and Dr. Chenier advised her to continue physical therapy. On April 20, 1999, Harrison reported to Dr. Chenier complaints of intermittent back and neck pain associated with prolonged sitting or standing or attempts at lifting objects weighing more than 10 pounds. Dr. Chenier then referred Ms. Harrison to Dr. Ferrer for evaluation. Harrison saw Dr. Chenier for the last time on May 24, 1999, and Dr. Chenier's records reflect that Harrison denied any complaints of pain.

Nonetheless, Dr. Jose Ferrer, an orthopedic surgeon, first saw Ms. Harrison on April 21, 1999. At that time, Dr. Ferrer observed that Harrison had approximately 20 percent of the normal range of motion in her back and that her back was very stiff. He also observed that she walked with a minor limp. X-rays of her spine were normal. Dr. Ferrer prescribed anti-inflammatory and pain medicine and advised her to exercise but to avoid excessive stress. On May 12, 1999, she returned to see Dr. Ferrer and complained of increased and more widespread back pain, so he referred her for an MRI. On May 14, 1999, Harrison had the MRI, which revealed a mildly bulging disk at L4-5. On May 19, 1999, Dr. Ferrer advised Harrison that she did not need surgery, but recommended that she continue exercise and return in four weeks. Dr. Ferrer prescribed additional pain medicine. Harrison did not return to see Dr. Ferrer.

In his deposition, Dr. Ferrer said that although Ms. Harrison would probably not need surgery, she would continue to have problems for the indefinite future. He said that an injured disk never heals completely and that treatment for pain would likely consist of physical therapy and medication. He stated that he would expect her to have this conservative therapy for "many, many years" and estimated that "she would need between $3,000 and $5,000 a year in treatments, possibly for the next 10 to 20 years."

Ms. Harrison testified at trial on January 3, 2001, that she continued to have back pain, that she often wore a back brace and that she had to sleep in the brace most nights. She said that she continued to take ibuprofen almost every night and that sleep is often difficult because of discomfort. She also said that her toes tend to go numb since the accident. She said that she is no longer able to stretch and thus is unable to play basketball as she used to do before the accident. She further testified that she is unable to stand for long periods of time, as when shopping in the mall, and that sitting while driving is uncomfortable. Harrison's mother, Nicey Williams, testified that her daughter did not have any of these problems prior to the accident.

Harrison testified that even on her last visit to Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
806 So. 2d 954, 2002 WL 84275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-richardson-lactapp-2002.