Jackson v. United States Fid. & Guar. Co.

382 So. 2d 223
CourtLouisiana Court of Appeal
DecidedMarch 5, 1980
Docket7445
StatusPublished
Cited by10 cases

This text of 382 So. 2d 223 (Jackson v. United States Fid. & Guar. Co.) 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
Jackson v. United States Fid. & Guar. Co., 382 So. 2d 223 (La. Ct. App. 1980).

Opinion

382 So.2d 223 (1980)

Ronald JACKSON, Plaintiff-Appellant,
v.
UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant-Appellee.

No. 7445.

Court of Appeal of Louisiana, Third Circuit.

March 5, 1980.
Rehearing Denied April 25, 1980.

*224 Guillory, McGee & Mayeux by Donald Mayeux, Eunice, for plaintiff-appellant.

Caffery, Oubre, Gibbens & Blackwell, John Blackwell, New Iberia, for defendant-appellee.

Before DOMENGEAUX, FORET, and SWIFT, JJ.

DOMENGEAUX, Judge.

This suit results from an intersectional collision which occurred on September 24, 1976, near New Iberia, Louisiana. Ronald Jackson, driver of one of the automobiles, sustained injuries as a result of the accident and sued Wilbert J. Leblanc, driver of the other automobile; Frank Minvielle, owner of the vehicle Leblanc was driving; and United States Fidelity & Guaranty Company (U.S.F. & G. Co.), the insurer of the defendant vehicle.

At the conclusion of the trial held on March 15, 1979, the trial court found that defendants were at fault in causing the accident. This finding by the Court has not been appealed and is not at issue.

The Court took under advisement the question of quantum and subsequently issued reasons for judgment on April 23, 1979, in which it found that the plaintiff had sustained pain, suffering, and anguish in the amount of $5,500.00. The Court also awarded loss of wages at the rate of $600.00 per month for four months, totalling $2,400.00, and found that plaintiff had sustained medical expenses in the amount of $2,492.78. Thus, the award totalled $10,392.78.

The Court refused to award as medical expenses the cost of services rendered by Dr. A. John Tassin in the amount of $245.00, and also refused to allow the cost of physical therapy in the amount of $566.00, which was prescribed by Doctor Tassin. Finally, the trial court assessed all costs against defendants except the expert fee of Doctor Tassin for his testimony in Court. This last fee was assessed against plaintiff. Judgment was signed May 16, 1979. From this judgment plaintiff has appealed.

Plaintiff alleges that the trial court erred in allowing only $10,392.78 for pain and suffering, loss of wages, and medical expenses, and in assessing plaintiff with some expert fees.[1]

*225 OBJECTIVE MEDICAL EVIDENCE

Plaintiff's vehicle was struck on the left, or driver's side, and his injuries were sustained on essentially the left side of his body. In his reasons for judgment, the trial judge found that plaintiff sustained the following injuries:

"The medical evidence is clear that plaintiff received a moderate cerebral concussion and a very mild cervical sprain. He also suffered bruises and lacerations, particularly a laceration below the rear of the left shoulder, which left two or three unsightly keloid formations, each approximately two inches long, in an area usually not exposed to view; a laceration in the left temporal area approximately two inches long which is within the hairline and consequently hidden; and multiple small lacerations of the left arm which have left small, barely noticeable scars."

These injuries are substantiated by the final report of Dr. A. C. Terrence, plaintiff's personal physician, who hospitalized plaintiff for nine days following the accident and treated him from September 27th through November 20th of 1976, before referring Mr. Jackson to an orthopedic surgeon. Dr. J. Frazer Gaar, the orthopedist, examined plaintiff on November 29, 1976, and again on November 22, 1977. Doctor Gaar performed a complete and thorough physical examination during each visit and could find no objective basis to support plaintiff's persistent complaints of headaches and pain to the left side of his body. Doctor Gaar did not think Mr. Jackson had any permanent disability and did not put any limitations on his activities.

After Mr. Jackson's initial visit to Doctor Gaar, his attorney referred him to Dr. Emile Ventre, a general practitioner in Opelousas. Doctor Ventre first saw plaintiff on December 7, 1976. During this visit x-rays of the plaintiff's neck were taken and a general physical examination was conducted by Doctor Ventre. Neither the x-rays nor the examination yielded any objective signs of injury.

Due to Mr. Jackson's continued complaints of headaches and pain to his left side, however, Doctor Ventre suggested that plaintiff undergo a complete workup. Mr. Jackson's attorney agreed. Many tests were performed, including an electroencephalogram, a nuclear brain scan, and an echoencephalogram, or sound wave test. All test results were negative. Plaintiff was discharged from Doctor Ventre's care on January 25, 1977. At that time Mr. Jackson was "feeling very good" according to Doctor Ventre, and had been feeling good for the previous three weeks. On that date plaintiff complained of other pains which Doctor Ventre felt were not related to the accident. Doctor Ventre's final diagnosis was that plaintiff suffered a mild to moderate cerebral concussion with a mild whiplash.

The foregoing medical evidence amply supports the award for actual physical pain and suffering from the date of the accident through January 25, 1977, when Mr. Jackson was discharged by Doctor Ventre. The substantial issue is whether plaintiff suffered a compensable "traumatic neurosis", a functional nervous disorder without demonstrable physical basis, attributable to the accident of September 24, 1976, the effects of which may have continued beyond January 25, 1977. The trial court held that plaintiff's proof was insufficient to establish that a traumatic neurosis occurred as a result of the accident. We reverse that part of the judge's conclusions.

TRAUMATIC NEUROSIS

The trial court correctly observed the well-settled rule that a traumatic neurosis is compensable under our law. However, due to the nebulous character of a traumatic neurosis, courts must proceed with the utmost caution and scrutinize carefully evidence in support of such a claim. Boutte v. Mudd Separators, Inc., 236 So.2d 906 (La.App. 3rd Cir. 1970); Royer v. Cantrelle, *226 267 So.2d 601 (La.App. 3rd Cir. 1972); Miller v. United States Fidelity & Guaranty Company, 99 So.2d 511 (La.App. 2nd Cir. 1957).

However, it is likewise well-settled that the danger of denying recovery to a deserving claimant must be guarded against with equal enthusiasm. Jackson v. International Paper Company, 163 So.2d 362 (La.App. 3rd Cir. 1964), writ refused 246 La. 591, 165 So.2d 484 (1964).

PLAINTIFF'S EVIDENCE OF TRAUMATIC NEUROSIS

In support of his claim for mental injuries caused by the accident, plaintiff offers the expert medical testimony of Dr. A. John Tassin, a general practitioner in Ville Platte, and Dr. James Blackburn, a psychiatrist, as well as the lay testimony of his (plaintiff's) wife, his father-in-law, and a companion who was with him when the accident occurred.

Doctor Tassin saw and treated plaintiff more than twenty times between May of 1977 and March of 1979. Plaintiff complained to Doctor Tassin of the same pains that had plagued him since his accident. During this entire period, Doctor Tassin treated plaintiff symptomatically, that is, he would prescribe medication to treat plaintiff's complaints, even though he could find no objective physical basis for the complaints. Doctor Tassin opined that plaintiff's condition, while more mental than physical, was a result of the accident, even though some of the complaints were not attributable to the accident.

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382 So. 2d 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-united-states-fid-guar-co-lactapp-1980.