Johnson v. Tregre

726 So. 2d 1105, 98 La.App. 5 Cir. 512, 1999 La. App. LEXIS 134, 1999 WL 30666
CourtLouisiana Court of Appeal
DecidedJanuary 26, 1999
DocketNo. 98-CA-512
StatusPublished
Cited by4 cases

This text of 726 So. 2d 1105 (Johnson v. Tregre) 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
Johnson v. Tregre, 726 So. 2d 1105, 98 La.App. 5 Cir. 512, 1999 La. App. LEXIS 134, 1999 WL 30666 (La. Ct. App. 1999).

Opinion

_jgDALEY, Judge.

The plaintiffs in this personal injury lawsuit have appealed the damage awards rendered by the trial court.

FACTS:

On the night of September 27, 1994, the defendant, Kent Tregre, went to the Time Saver store located on Louisiana Highway 18 in St. Charles Parish to purchase cigarettes. The plaintiff, Ms. Helen Strickland Phillips, went to Time Saver at approximately the same time. As the parties were leaving Time Saver, the back of the two vehicles made contact. Mr. Tregre claimed Ms. Phillips backed into his E-150 van, while Ms. Phillips claimed Mr. Tregre backed into her compact car.

Ms. Phillips and her four passengers, Ms. Odile Johnson, and the minor children, La-trecia Phillips, Ranada Phillips, and McAr-thur Strickland, filed suit against Mr. Tregre and his insurer National Security Fire and Casualty Insurance Company for injuries sustained in this accident.

_|At trial, Ms. Phillips testified that she had stopped at Time Saver for candy. She was driving her 1989 Hyundi EL. Her sister, Ms. Johnson, was in the front passenger seat. McArthur Strickland was seated in the rear seat behind the driver, Ranada Phillips was in the middle, and Latrecia Phillips was seated behind the passenger. As Ms. Phillips was pulling out of the parking area, she dropped a cigarette. She pulled over “far enough so [she] wasn’t in anyone’s way” to search for the cigarette. While she was stopped, she was struck in the rear by Mr. Tregre’s van. She testified that the accident caused a “hard bang.” A picture was introduced into evidence that depicted damage to the rear of Ms. Phillips’ car. According to her testimony the accident caused Ms. Phillips to hit her jaw and head on the steering wheel and her knee to strike the inside of the car. Ms. Phillips testified that she went to Dr. Reyes a day or two after the accident. She attended physical therapy for three months and was completely healed when she was discharged on December 29, 1994. On cross-exam, she explained that she could not state the exact date she first visited the doctor, but she waited to go to the doctor because she “wasn’t really, really hurt,” but decided to go to the doctor because she was “still ailing from the accident.” She further testified that she could not sweep or mop for a couple of weeks after the accident because it hurt her back.

Ms. Johnson’s description of the accident was the same as that given by Ms. Phillips. She testified that after the accident she started to feel dizzy and experienced aching in her left shoulder and low back. She went to Dr. Reyes one week after the accident. Ms. Johnson stated she attended physical therapy, took medications, and recovered two or three months after the accident. She was unable to “do mopping and housework” after the accident because she was “stiff.”

_JjMs. Phillips’ daughter, Ranada, testified that the accident occurred after the car had pulled to the side and her mother was looking for the cigarette she dropped. Ranada testified that she injured her neck, shoulder and arm in the accident. She described these injuries to the deputy who investigated the accident. She was taken to the hospital the night of the accident for these injuries. She visited Dr. Reyes on two occasions and took Tylenol for the pain. She testified that she experienced pain due to these injuries for approximately one to two months following the accident. She did not miss any school as a result of the accident.

[1107]*1107Ms. Phillips’ older daughter, Latrecia, testified that after her mother moved the car out of the way, she stopped to pick up the cigarette. Five to ten seconds later, there was a “big boom” when they were struck by the van. Latrecia injured her head, back and shoulder in the accident. She visited Dr. Reyes on two occasions for these injuries. She took Tylenol for the pain and missed three days of school as a result of these injuries. Latrecia explained that for about two weeks after the accident, she could not “get around to [her] classes like normal.”

Ms. Phillips’ son, McArthur, testified that he injured his leg, back and neck in the accident. This injury lasted about two months during which time he took Tylenol for the pain.

Mr. Tregre disputed the description of the accident given by the plaintiffs. Mr. Tregre testified that he had backed out of his parking space and was beginning to move forward when the plaintiffs’ car backed into his van. He was not injured in the accident and there was no damage to his van.

In connection with the plaintiffs’ testimony their medical bills and reports were introduced into evidence. All plaintiffs were treated by the same physician and were all discharged on the same date. At the conclusion of trial the record was held fcopen for the deposition testimony of the plaintiffs’ treating physician, Dr. Raul Reyes. A review of Dr. Reyes’ testimony and the medical records indicates that both adults were diagnosed as having cervical spine sprain, lumbo-sacral spine sprain, and thoracic spine sprain. Ms. Phillips also had bilateral shoulder sprain and headaches, while Ms. Johnson had a left knee contusion. Both adults were found to be fully disabled. They attended physical therapy on almost the same dates and received identical treatment. Additionally, they visited Dr. Reyes on the same four dates and were prescribed the same three medications.

Ranada was diagnosed as having cervical spine sprain and lumbar spine sprain, and a left shoulder sprain. She visited Dr. Reyes on three of the same dates as did her mother and aunt. The records from her emergency room visit were not introduced into evidence; however, a letter from St. Charles Parish Hospital was introduced that indicated the bill for services rendered was $63.70.

Latricia visited Dr. Reyes on the same dates as her sister. She was diagnosed as having cervical spine sprain, right shoulder sprain, right flank contusion, headaches, and a fainting spell which was not thought to be related to the accident. McArthur visited Dr. Reyes on two of the same three dates as his sisters. He was diagnosed as having headaches, cervical spine sprain, lumbosacral spine sprain, and left lateral leg contusion.

The trial court rendered judgment in favor of the plaintiffs, finding Mr. Tregre backed his van into the car occupied by plaintiffs, awarding damages as follows:

Odile Johnson $200.00
Latrecia Phillips $200.00
Helen Strickland Phillips $200.00
Ranada Phillips $300.00
McArthur Strickland $200.00

kin written Reasons for Judgment, the trial judge found this accident was a “low-impact fender-bender,” and went on to state:

The only person who stated injuries at the time was Ranada Phillips. Her soft tissue complaints were treated at St. Charles Hospital with a prescription of liquid Tylenol.
Dr. Raul Reyes testified (by deposition) to what the Court feels is a curious development in this case: All five (5) occupants of the Strickland vehicle went to the same doctor, the same day (one (1) month later), with the same complaints, and were all given the same basic diagnosis. To make it even more interesting, they all received the same basic treatment and were all asymptomatic and discharged on the same day, two (2) months later!

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Bluebook (online)
726 So. 2d 1105, 98 La.App. 5 Cir. 512, 1999 La. App. LEXIS 134, 1999 WL 30666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-tregre-lactapp-1999.