Louison v. Crockett

546 A.2d 400, 1988 D.C. App. LEXIS 134, 1988 WL 82652
CourtDistrict of Columbia Court of Appeals
DecidedAugust 5, 1988
Docket87-491
StatusPublished
Cited by19 cases

This text of 546 A.2d 400 (Louison v. Crockett) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Louison v. Crockett, 546 A.2d 400, 1988 D.C. App. LEXIS 134, 1988 WL 82652 (D.C. 1988).

Opinion

BELSON, Associate Judge:

A jury returned a $725,000.00 award for the appellees, Charlene Crockett and Archie Ray Crockett, in this negligence action. On appeal, the only issue is whether the trial court abused its discretion in denying appellant Rupert E. Louison’s motion seeking remittitur or new trial by reason of excessive verdict. Because the high award of damages was premised mainly on psychological injury to Charlene Crockett from which, it appears, she had largely recovered by the time of trial, we are unable to determine whether the trial court abused its discretion in denying appellant’s motion unless we know the reasons for the trial court’s action. Accordingly, we remand the record for a written statement of the reasons for the trial court’s denial of appellant’s motion for remittitur or new trial.

I.

Charlene Crockett and her husband, Archie Ray Crockett, filed suit against Rupert E. Louison, M.D., alleging that negligence in the use of a diathermy machine by Dr. Louison’s employee caused a burn to Charlene Crockett. In her complaint, Mrs. Crockett alleged that as a result she experienced severe and permanent injuries, continuing pain and suffering, and severe mental and emotional problems that require continued psychiatric treatment; that she had been rendered incapable of performing the ordinary duties of a wife and mother; that her education had been disrupted; and that she had incurred and would continue to incur expenses for treatment. Mr. Crockett claimed loss of consortium. We will describe the evidence, especially that which relates to damages, in some detail because of the nature of the issue before us.

The Crocketts introduced evidence that in early December 1982, Charlene Crockett was a passenger in an automobile which was involved in an accident. Mrs. Crockett contacted Dr. Rupert E. Louison, a board-certified surgeon, for treatment of the neck injuries she sustained. Dr. Louison prescribed muscle relaxants and diathermy treatment for Crockett’s neck and back. 1 The diathermy machine, a Burdick Microwave 225, was located in Dr. Louison’s office.

On December 21,1982, Crockett went for her third diathermy treatment. Dr. Loui-son’s employee adjusted the machine to localize treatment to the back of Crockett’s neck but, according to Crockett, did not instruct her to remove her blouse or jewelry. The assistant then set the timer and left the room. Within a couple of minutes Crockett heard what she described as a “sizzling sound” which suddenly got “louder and louder” until she “felt the flames ... to the back of [her] head.” As Crockett described it: “I put my hand in the back of my head and beat it with my hand. And I jumped up and screamed, 'I'm on fire, I'm on fire.’ ” Dr. Louison, who had not been immediately present when the treatment had been initiated, heard her cry and entered the room. Dr. Louison testified that, upon examining Crockett after the incident, he observed redness on the back of her neck that “was the size of a, at most, would be a half dollar in size.... And the edges of her hair were singed, the back of her neck_ It was a first degree bum.” Crockett testified that she “was burned on the left-hand side of my neck and a batch of hair was burned out in the back. And I also received a bum on my right hand ... [b]etween my thumb and index finger.” According to Crockett, her hair was not merely singed, but “was burned down almost to my skin.” Dr. Louison then gave Crockett some cream for the burn, some pain pills, and a cup of orange juice.

*402 Mrs. Crockett drove herself home and tried unsuccessfully to get in touch with her husband. Later that day, she decided to have a friend drive her to Providence Hospital. According to Crockett, the medical personnel at the emergency room there told her “that since Dr. Louison had already given me something for pain that they wasn’t going to give me anything else for pain, and if I continued to have problems, to go to my private physician.”

Crockett testified that when she got home from the hospital, she was “very nervous. I was upset. I couldn’t — I tried to prepare dinner. I couldn’t prepare din-ner_ My neck was in pain. My hand was in pain. The side of my head just seemed like half the side of my head felt like it was still burning.” That evening “was just miserable. I couldn’t sleep.” Crockett could not recall events of the next day.

Within a day or two of being burned, Crockett went to the office of Dr. Elmer Rones, her family physician, because she “couldn’t sleep” and “felt nervous.” Dr. Rones did not have an opportunity to see Mrs. Crockett on her first visit because, as she explained, “I was so upset, I just couldn’t stay in the office and wait my turn.” She went back shortly thereafter, on or about December 23, and was seen by Dr. Rones. He testified that he did not consider the burns to be serious, characterizing them as burns in the first and second degree. Dr. Rones gave Crockett prescriptions for nerve medication, as well as for medication to enhance her appetite. She did not take these medications, however, because they made her sick to the stomach. Crockett denied that she had had similar symptoms of nervousness after the automobile accident.

Crockett testified that the Christmas holidays “were miserable.” She had no appetite and could not sleep, and the problems she “was experiencing seemed to have gotten worse, started to get worse.” Her two older daughters were home from school, but Crockett stayed mostly in her bedroom. One daughter had to move her bedroom because at night Crockett “could be laying in bed; and all of a sudden, I would wake up and start to hollering and screaming and crying. And [the daughter] couldn’t rest.” Crockett’s relationship with her husband “was terrible.” Her husband and daughters in effect took over household duties. Furthermore, after the burn Crockett had no interest in going places with her husband, and they had no sexual relationship “at all.” At no time, however, did her daughters ever have to stay home from school to help out at home.

About two weeks after receiving the burn, Crockett went to see a psychiatrist, Dr. Alexander Doudoumopoulos. She contacted him on her own, without the knowledge of her treating physician, Dr. Rones. She went to see the psychiatrist “[b]ecause I was experiencing problems I had never experienced before. And after talking to a friend of mine, [the friend] suggested I go and see a psychiatrist.” Crockett testified that her problems included hearing voices and seeing bright lights that were not there. She “wasn’t eating. I had lost my appetite completely. I couldn’t sleep. I was having nightmares.” She “lost friends because of my problems because they could not understand what I was going through with.” Dr. Doudoumopoulos told Crockett she “was experiencing a trauma, and he gave [her] medication for it.” According to Crockett, at first Dr. Doudoumopoulos wanted to put her into a mental hospital. After her initial visit in late December 1982, Dr. Doudoumopoulos saw her on January 4, February 1, February 16, and March 17, 1983, and then not again until August 29, 1983. He prescribed Stelazine, Thorazine and, later when she started having crying spells, Dezerol for depression. Dr. Doudoumopoulos gave Crockett no other kind of treatment in addition to the sessions with her and the medication. No psychiatrist other than Dr. Doudoumopou-los rendered services to Crockett.

Before the burning incident, Crockett had been involved in various activities.

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Bluebook (online)
546 A.2d 400, 1988 D.C. App. LEXIS 134, 1988 WL 82652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louison-v-crockett-dc-1988.