Hughes v. General Motors Guide Lamp Div.

469 So. 2d 369, 1985 La. App. LEXIS 8634
CourtLouisiana Court of Appeal
DecidedMay 8, 1985
Docket16982-CA
StatusPublished
Cited by23 cases

This text of 469 So. 2d 369 (Hughes v. General Motors Guide Lamp Div.) 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
Hughes v. General Motors Guide Lamp Div., 469 So. 2d 369, 1985 La. App. LEXIS 8634 (La. Ct. App. 1985).

Opinion

469 So.2d 369 (1985)

Patsy Ann HUGHES, Plaintiff-Appellant,
v.
GENERAL MOTORS GUIDE LAMP DIVISION, Defendant-Appellee.

No. 16982-CA.

Court of Appeal of Louisiana, Second Circuit.

May 8, 1985.
Rehearing Denied June 7, 1985.

*371 LaCroix & McKeithen by Leslie L. LaCroix, Jr., Monroe, for plaintiff-appellant.

Hudson, Potts & Bernstein by Gordon L. James, Monroe, for defendant-appellee.

Before JASPER E. JONES, FRED W. JONES, Jr., and LINDSAY, JJ.

JASPER E. JONES, Judge.

Patsy Ann Hughes, plaintiff in this worker's compensation action, appeals a judgment rejecting her claims for compensation benefits, medical expenses, penalties and attorney's fees arising from an off-the-job accident which allegedly aggravated a pre-existing knee injury she sustained in a prior work related accident. We reverse.

Plaintiff initially injured her right knee in a work related accident on March 9, 1982. At the time of the accident plaintiff was performing her duties as a maintenance engineer at the General Motors Guide Lamp plant in Monroe, Louisiana. She was working the third shift from 10:30 p.m. until 7:00 a.m. The accident occurred at approximately 12:30 a.m. while plaintiff was removing supplies from a metal cabinet. When she reached up to get some supplies from the top of the cabinet she jammed her knee into the cabinet door. She immediately felt severe pain. After a few minutes the pain subsided and plaintiff completed her shift. As she was preparing to leave work the knee popped, again causing plaintiff severe pain. Plaintiff waited a few minutes for the pain to subside and tried to go home. On her way out of the plant a supervisor, Ray Siebold, observed that plaintiff was limping and after she informed him of the above series of events, he sent her to the company nurse. The nurse, Juanita Winegeart, found a small bruise, about the size of a quarter, on the inside of plaintiff's knee. Nurse Winegeart gave plaintiff an analgesic balm for her knee and recommended an ice pack be placed upon the knee. The nurse directed plaintiff to obtain an appointment with the company doctor.

The following day plaintiff was examined by Dr. Sol Courtman, the company doctor. Dr. Courtman found marked swelling in the knee and a bruise directly to the front of the knee. After a limited examination in which he took x-rays that revealed no bone damage, Dr. Courtman determined plaintiff sustained only a bruised knee. He prescribed some anti-inflammatory and pain medication and advised plaintiff to stay off work and return to his office in about a week.

Plaintiff attempted to work prior to the expiration of a week but the efforts caused her considerable discomfort. She returned to Dr. Courtman's office on March 16. On this occasion Dr. Courtman noticed a decrease in the swelling. He advised plaintiff to stay off work another week.

Plaintiff returned to work on March 23 and worked until she suffered her second accident on June 5, 1982.[1] During this period of time she also worked part time, from 18 to 22 hours per week, as a waitress at Ramada Inn. Prior to the second accident plaintiff saw Dr. Courtman again on March 31 and April 14. Dr. Courtman testified that plaintiff did not complain about any problems with the knee on these visits and he was of the opinion the initial injury had completely healed by April 14.

On June 5, 1982 plaintiff reinjured her right knee while entering her car to leave a picnic. On a General Motors' claim form *372 she stated that as she was getting into her car to leave the picnic she slipped and twisted her knee and was in severe pain. At trial she testified that when she attempted to get into her car the knee popped causing severe pain. Plaintiff further testified that she neither slipped nor twisted her knee. After the accident plaintiff was carried to the hospital by a friend. An emergency room doctor at the hospital allegedly bandaged her knee and told plaintiff to see her family doctor.

Plaintiff was off work for approximately two months, until August 10, 1982, following the second accident. During this period of time she was treated by her family doctor, Dr. R.T. Armstrong, and by an orthopedic surgeon, Dr. James O. Manning. These doctors did not testify at trial; however, reports prepared by each were admitted into evidence. The reports establish that Dr. Armstrong treated plaintiff on June 7, 14, 28 and July 12 and 23, 1982 and Dr. Manning treated her on June 25 and July 28, 1982. The reports also establish that both doctors diagnosed plaintiff's knee injury as a contusion and stress injury to the medial retinaculum of the right knee.

A few days after the second accident plaintiff applied for worker's compensation benefits from General Motors. Her claim was denied because the accident was not work related. However, during the period of time she was off work because of her knee plaintiff was paid a total of $1,691.00 under a special company benefit plan. Before receiving these benefits she had to sign an agreement to the effect that in the event the claim was found to be compensable she would reimburse the company.[2]

After plaintiff returned to work on August 10, 1982 she continued to experience problems with her knee. She was eventually examined by Dr. Baer Rambach, an orthopedic surgeon, on March 22, 1983. Dr. Rambach found she was experiencing some tenderness to the medial collateral ligament (a ligament on the inside of the knee) of her right knee. He also found some patella femural grating (a grating sound when plaintiff moved her leg) in the knee. At the time Dr. Rambach felt the knee would heal and he gave plaintiff instructions on the care of her knee and advised her to wear a knee support when she stood for extended periods of time.

Following the examination by Dr. Rambach plaintiff worked for a few days and was then hospitalized for an unrelated problem. As a result of the unrelated health problem plaintiff was off work from April 8, 1983 until September 2, 1983. After plaintiff returned to work the condition of her knee continued to deteriorate and she returned to Dr. Rambach for an examination on October 21, 1983. X-rays taken during this examination revealed a partial subluxation (dislocation) of the kneecap and Dr. Rambach recommended arthroscopic surgery. Plaintiff was admitted to the hospital November 8, 1983 and surgery was performed the following day. The surgery revealed the subluxation, chondromalacia (softening and destruction) to the inside surface of the kneecap and that the anterior cruciate ligament was partially torn and frayed. Dr. Rambach shaved the undersurface of the kneecap to make it smooth, removed the torn portion of the ligament and realigned the kneecap.

Dr. Rambach examined plaintiff on January 6, 1984 and advised her she could return to work on a restricted basis. Prior to her return to work, on January 12, 1984, defendant had her examined by an independent physician. Upon this doctor's advice defendant placed plaintiff on unrestricted duty. During the period of time plaintiff was off work due to the surgery she was paid $737.08 from the same benefit plan from which she was paid during the period of time she was off work following the second accident.

*373 At trial plaintiff testified the injury she suffered on March 9, 1982 had not healed prior to the June 5, 1982 accident and the second injury was an aggravation of the previous work related injury. Defendant contended the March 9 injury had completely healed prior to June 5 and there was no causal relationship between the two injuries.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alma Moore v. Kellie's Sitting Service
Louisiana Court of Appeal, 2020
Sharon Conant v. Entergy Corporation
2016 VT 74 (Supreme Court of Vermont, 2016)
Broussard v. Country Club Auto Repair
56 So. 3d 1180 (Louisiana Court of Appeal, 2011)
Buxton v. Iowa Police Department
23 So. 3d 275 (Supreme Court of Louisiana, 2009)
Buxton v. IOWA POLICE DEPT.
3 So. 3d 641 (Louisiana Court of Appeal, 2009)
Marvin W. Buxton v. Iowa Police Dept.
Louisiana Court of Appeal, 2009
Lemons v. Georgia Pacific Corp.
976 So. 2d 307 (Louisiana Court of Appeal, 2008)
Royals v. Town of Richwood
880 So. 2d 208 (Louisiana Court of Appeal, 2004)
Jones v. General Motors Corp.
871 So. 2d 1109 (Supreme Court of Louisiana, 2004)
Jones v. General Motors Corp.
847 So. 2d 6 (Louisiana Court of Appeal, 2003)
Mayo v. CASCO Const. Co., Inc.
712 So. 2d 169 (Louisiana Court of Appeal, 1998)
Boyette v. Riverwood International
669 So. 2d 730 (Louisiana Court of Appeal, 1996)
Bradley v. Morton Thiokol, Inc.
661 So. 2d 691 (Louisiana Court of Appeal, 1995)
Zeigler v. Pleasant Manor Nursing Home
600 So. 2d 819 (Louisiana Court of Appeal, 1992)
Lubom v. LJ Earnest, Inc.
579 So. 2d 1174 (Louisiana Court of Appeal, 1991)
Holmes v. International Paper Co.
559 So. 2d 970 (Louisiana Court of Appeal, 1990)
Loyd v. IMC Fertilizer, Inc.
557 So. 2d 1078 (Louisiana Court of Appeal, 1990)
Hanover Ins. Co. v. Allstate Ins. Co.
554 So. 2d 1261 (Louisiana Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
469 So. 2d 369, 1985 La. App. LEXIS 8634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-general-motors-guide-lamp-div-lactapp-1985.