Jacques v. Moses

737 So. 2d 64, 1999 WL 107873
CourtLouisiana Court of Appeal
DecidedMarch 3, 1999
Docket98-1389
StatusPublished
Cited by2 cases

This text of 737 So. 2d 64 (Jacques v. Moses) 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
Jacques v. Moses, 737 So. 2d 64, 1999 WL 107873 (La. Ct. App. 1999).

Opinion

737 So.2d 64 (1999)

Becky JACQUES, Plaintiff-Appellee,
v.
Walter MOSES, et al., Defendants-Appellants.

No. 98-1389.

Court of Appeal of Louisiana, Third Circuit.

March 3, 1999.

*65 Bernard Seymour Smith, Lafayette, for Becky Jacques.

R. Edward Blanchard and Sidney Wallis Degan, New Orleans, for Walter Moses, et al.

Before YELVERTON, COOKS, and PETERS, Judges.

PETERS, J.

This litigation arises from an automobile accident which occurred in Lafayette, Louisiana, on November 18, 1995. Becky Jacques brought suit against Walter Moses and his liability insurer, Credit General Insurance Company, to recover the damages she sustained in the accident. A bench trial resulted in a judgment in her favor and against the defendants, awarding her $56,166.60 plus legal interest and costs of court. The defendants appealed, asserting four assignments of error. The plaintiff answered the appeal, asserting three assignments of error. For the following reasons, we affirm the trial court's judgment in all respects.

On November 18, 1995, the plaintiff was a guest passenger in a vehicle driven by her husband, Melvin Jacques. As the vehicle stopped at a traffic light at an intersection in Lafayette, Louisiana, it was struck from behind by a vehicle driven by Walter Moses. An ambulance took Mrs. Jacques from the scene to a local hospital, where she was treated and released. Thereafter, three Lafayette, Louisiana health care providers, Dr. John Daigle, a chiropractor; Dr. Louis C. Blanda, an orthopedic surgeon; and Dr. James Domingue, a neurologist, treated her for injuries. The trial court concluded that Mr. Moses' negligence was the sole cause of the accident and rendered judgment *66 awarding the plaintiff $30,000.00 in general damages, $14,011.19 for past medical expenses, $4,480.00 for future medical expenses, $9,963.80 for past lost wages, and $711.70 for future lost wages.

Liability is not at issue. The defendants assert that the trial court erred in awarding excessive damages in each of the five categories awarded. The plaintiff asserts that the trial court erred in not relating her thoracic outlet syndrome condition to the accident, in not awarding adequate general damages, and in not awarding any amount for loss of future earning capacity or permanent disability.

OPINION

The defendants' argument in all four assignments of error regards the trial court's conclusion that the November 18, 1995 accident caused Mrs. Jacques' right extremity carpal tunnel syndrome. The plaintiffs assignments basically address the failure of the trial court to find that she suffered from thoracic outlet syndrome as a result of the accident. As acknowledged by both litigants in brief, these findings by the trial court are factual in nature and are therefore subject to the manifest error analysis. As such, these factual findings cannot be disturbed absent manifest error. Stobart v. State, Dep't of Transp. & Dev., 617 So.2d 880 (La.1993).

In its reasons for judgment, the trial court traced the medical treatment history of the plaintiff from the accident through trial and concluded that, in addition to the carpal tunnel syndrome, she sustained a neck strain, as well as injuries to her shoulder, mid-back, and left knee as a result of the accident. The trial court further found that the accident caused Mrs. Jacques' preexisting spondylolisthesis condition to become symptomatic, causing her to suffer low back pain. Additionally, the trial court found that the plaintiff failed to prove by a preponderance of the evidence that her thoracic outlet syndrome was caused by the accident.

Mrs. Jacques' first complaints immediately after the accident were of pain in the neck and shoulder. An ambulance transferred her to a Lafayette hospital where she was examined by an emergency room physician. The physician diagnosed acute cervical strain. He released Mrs. Jacques with instructions to rest, take ibuprofen for her injuries, and seek additional medical care if her complaints persisted. After a painful and sleepless night, she returned to the hospital the next morning, complaining of numbness of the legs, as well as neck, back, and facial pain. After examination, she was again released, given a prescription for Toradol, and was advised to see a doctor in the next two weeks.

The plaintiff first saw Dr. Daigle two days after the accident, and she complained of neck pain, left shoulder pain, low back pain, headaches, blurred vision, dizziness, and numbness in her legs and left arm. Dr. Daigle diagnosed her injuries as cervical brachial syndrome, cervical cranial syndrome, cervical myofascitis, and sacroiliac sprain and strain. He initially treated her with spinal manipulation, electrical stimulation, massage, traction, and hot packs.

The plaintiff first complained to a medical provider of problems with her right arm on April 2, 1996, or slightly less than five months after the accident. At that time, she complained to Dr. Daigle of pain in her right shoulder, arm, and wrist. She further indicated that she had developed difficulty in using her right arm with any degree of motion. In September 1996, based on the results of a Roos test, Mrs. Jacques' symptoms of tingling and numbness in her right arm, and the weakness found in her grip as compared to previous test results, Dr. Daigle diagnosed her condition as that of thoracic outlet syndrome. Dr. Daigle continued to treat Mrs. Jacques, and in mid-1997, referred her to a massage therapist, Patty Weiss, for massage treatment of the thoracic outlet syndrome and for her headaches. Between June and September 1997, Mrs. Jacques *67 received eight massages. She later reported to Dr. Daigle that the massages gave her relief from her headaches but did little for her right extremity complaints.

On February 10, 1997, Dr. Daigle released Mrs. Jacques to return to work on a part-time basis. However, Mrs. Jacques testified that she could not return to work because of her pain. Dr. Daigle, who treated Mrs. Jacques over one hundred times, finally concluded that continuation of conservative care would not benefit her, and he recommended that she consider surgical intervention or other possible means of treatment.

Mrs. Jacques did not see Dr. Blanda until October 31, 1996. She complained to Dr. Blanda of shooting pain from the base of the skull into the occipital region and tingling in the right arm. According to Dr. Blanda, she told him that after the accident, she had occasional pain in the upper back around the mid-scapula region and had suffered a short episode of low back pain but that the pain had subsided. Dr. Blanda initially tested Mrs. Jacques for carpal tunnel syndrome, but other tests performed revealed results consistent with the possibility that Mrs. Jacques might be suffering from thoracic outlet syndrome. A cervical MRI did not reveal the source of her pain, and in November 1996, Dr. Blanda referred Mrs. Jacques to Dr. Domingue to further explore the possibility that her symptoms were caused by peripheral neuropathy or thoracic outlet syndrome.

Mrs. Jacques did not see Dr. Domingue until September 1997, some ten months later. At that time, she complained of neck pain radiating to both shoulders, numbness of the right arm, and low back pain radiating to the left leg. Dr. Domingue subjected Mrs. Jacques to an EMG and nerve conduction tests, both of which produced results basically confirming a diagnosis of carpal tunnel syndrome. He then referred Mrs. Jacques for physical therapy. In November 1997, Mrs. Jacques reported to Dr. Domingue that the physical therapy had not helped.

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737 So. 2d 64, 1999 WL 107873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacques-v-moses-lactapp-1999.