Hunt v. Desoto

102 So. 3d 217, 12 La.App. 5 Cir. 99, 2012 La. App. LEXIS 1008, 2012 WL 3104383
CourtLouisiana Court of Appeal
DecidedJuly 31, 2012
DocketNo. 12-CA-99
StatusPublished

This text of 102 So. 3d 217 (Hunt v. Desoto) 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
Hunt v. Desoto, 102 So. 3d 217, 12 La.App. 5 Cir. 99, 2012 La. App. LEXIS 1008, 2012 WL 3104383 (La. Ct. App. 2012).

Opinion

JUDE G. GRAVOIS, Judge.

|2The plaintiff, Emily Hunt, has appealed the trial court’s judgment dismissing her personal injury suit against defendant, Allstate Insurance Company (“Allstate”), her [218]*218uninsured/underinsured motorist insurer. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On March 12, 2006, plaintiff was injured when the car she was driving was rear-ended by a taxicab being driven by Reva Desoto. On March 7, 2007, plaintiff filed suit against Ms. Desoto and her liability insurer. On March 5, 2008, plaintiff filed a supplemental and amending petition, adding Allstate as a defendant in the suit as her uninsured/underinsured motorist insurer. Plaintiff subsequently settled her claims against Ms. Desoto and her insurer for $24,000, and on March 18, 2010, they were dismissed from the suit. On June 15, 2011, plaintiff proceeded to a judge trial against Allstate.

|sAt trial, plaintiff testified that she was twenty-two years old at the time of the accident. About one week after the accident, she felt stabbing pains in her back. She sought treatment from Dr. Michael Haydel, a chiropractor, for soreness in her whole body, but mostly for pain in her back. Dr. Haydel’s medical records indicate that plaintiff was treated by Dr. Hay-del from March 21, 2006 until May 17, 2006. Plaintiff testified that although she was given pain medications by Dr. Haydel, she did not take them because they made her dizzy.

In May 2006, plaintiff went out of the country to have breast augmentation surgery and liposuction. The appellate record does not contain any medical records regarding these procedures. However, plaintiff admitted that she had epidural injections for these procedures and incisions were made into her sacral (lower spine) area in order to drain fluid after the liposuction.

On June 22, 2006, plaintiff sought emergency room treatment at Lakeview Regional Medical Center. The medical records from this visit indicate that plaintiff complained of “weakness, mood swings, a rash to the inner thighs, as well as some low back pain that has been off and on for four months.” Plaintiff was administered intravenous fluids and instructed to take iron pills two to three times per day for anemia, which resulted from her liposuction. No treatment was rendered for the low back pain complaint. Medical records from a July 5, 2006 emergency room visit at Lakeview Regional Medical Center indicate that plaintiff received treatment there for an overdose of Vicodin and Valium. Apparently, plaintiff was involved in an argument with her boyfriend just prior to taking an overdose of these medications.

On July 24, 2006, plaintiff sought treatment from another chiropractor, Dr. Jim McCue. Plaintiff explained that she sought treatment from Dr. McCue rather than from Dr. Haydel because Dr. McCue’s office was closer to her home. She 1 testified that she was treated by Dr. McCue on and off for a few years. Dr. McCue’s medical records indicate that plaintiff was treated by him on a regular basis from July 24, 2006 until October 4, 2006. Plaintiff complained to Dr. McCue of neck and back pain and received treatment therefor. She was referred to Pamela Conley, M.D., for pain management; however, the appellate record does not contain any medical records related to this referral.

The medical records also indicate that during this time, plaintiff also sought treatment from Leonard Kancher, M.D., for various complaints. On the initial visit of August 4, 2006, plaintiffs social and psychiatric history is discussed in detail. There is one mention in these records of back pain resulting from a motor vehicle accident three months earlier. Presumably, this is a reference to the March 2006 accident, since there is no evidence in the record of plaintiff having been involved in [219]*219any other motor vehicle accident in 2006. The note states that plaintiff was being treated by a chiropractor for these complaints. The physical examination of plaintiff made at this visit does not indicate there was any decreased range of motion or neurological deficits related to her back pain, nor was any treatment given for back pain. Plaintiff returned to Dr. Kancher on August 31, 2006, apparently for treatment of depression and weight gain. The note of this visit indicates that plaintiff had gained weight since her last visit and her mother had recently purchased a membership to a health club for her.1 Listed under “current problems” are “attempted suicide, depression, situational stress reaction.” There is no mention of back pain. Plaintiff returned to Dr. Kancher on September 28, 2006, apparently to have her weight checked. The record from this visit indicates that plaintiff continued to gain weight. There is no mention of back pain.

IrA note from one of plaintiffs psychiatric visits at Mercy Family Center dated September 12, 2006 was also admitted into evidence. This note states that plaintiff was involved in multiple accidents, but no dates are given as to these accidents. The note further states that plaintiff was involved in an abusive relationship with her boyfriend, expounding that the relationship was abusive “emotionally/physically/sexually.” At trial, plaintiff was questioned regarding this relationship and admitted that her boyfriend had abused her. She explained that there was one altercation in which her boyfriend tried to choke her and she “put him in jail.” She denied being injured in this altercation.

In April of 2007, plaintiff became pregnant. She delivered twins on December 11, 2007. During her pregnancy, plaintiff sought treatment from Dr. McCue for back pain. The medical records indicate that plaintiff was treated by Dr. McCue from July 19, 2007 until August 30, 2007.

In March 2008, plaintiff again sought treatment from Dr. McCue with complaints of back pain. The medical records indicate that she was treated for this pain from March 27, 2008 until April 10, 2008. Dr. McCue referred plaintiff for an MRI, which was performed on April 9, 2008. This MRI indicated that plaintiff had a disc herniation at the L5-S1 level without nerve root impingement. The appellate record does not contain any medical records reflecting treatment of plaintiff for the remainder of 2008.

The medical records introduced into evidence indicate that on July 21, 2009, plaintiff presented to the emergency room at Lakeview Regional Medical Center for complaints of back pain. She was given an injection of Toradol. Further, Loratab and Robaxin were given by mouth. She was discharged and instructed to take Motrin and apply ice to her back. She was also apparently given a ^prescription for Vicodin. The appellate record does not contain any medical records for any other medical treatment of plaintiff in 2009.

Plaintiff testified that she was involved in another motor vehicle accident on June 30, 2010. She stated that she was not injured in this accident.

The medical records also indicate that on October 4, 2010, plaintiff sought treatment from Dr. F. Allen Johnston, an orthopedic surgeon, for evaluation of her lower back. Dr. Johnson’s report from this visit states that plaintiff never had constant pain on a daily basis, but she did have “a few flare-ups a year although recently when having a flare-up her symptoms will last much longer.” This report mentions the March 12, 2006 accident, but [220]*220does not mention the June 30, 2010 accident. Dr. Johnson ordered an MRI.

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Bluebook (online)
102 So. 3d 217, 12 La.App. 5 Cir. 99, 2012 La. App. LEXIS 1008, 2012 WL 3104383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-desoto-lactapp-2012.