Maldonado v. Louisiana Superdome Com'n

687 So. 2d 1087, 1997 WL 25162
CourtLouisiana Court of Appeal
DecidedJanuary 22, 1997
Docket95-CA-2490
StatusPublished
Cited by29 cases

This text of 687 So. 2d 1087 (Maldonado v. Louisiana Superdome Com'n) 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
Maldonado v. Louisiana Superdome Com'n, 687 So. 2d 1087, 1997 WL 25162 (La. Ct. App. 1997).

Opinion

687 So.2d 1087 (1997)

John MALDONADO
v.
LOUISIANA SUPERDOME COMMISSION, Louisiana Stadium and Exposition Directors, Facility Management, Inc., and Facility Management of Louisiana, Inc.

No. 95-CA-2490.

Court of Appeal of Louisiana, Fourth Circuit.

January 22, 1997.
Writ Denied April 18, 1997.

*1089 J. Nelson Mayer, III, Valteau, Harris, Koenig & Mayer, New Orleans, for Plaintiff/Appellee, John Maldonado.

Richard P. Ieyoub, Attorney General, Lionel J. Favret, III, Assistant Attorney General, M. Chad Pellerin, Assistant Attorney General, New Orleans, for defendant/appellant, State of Louisiana through Louisiana Stadium and Exposition District and Facility Management of Louisiana, Inc.

Before BARRY, KLEES and MURRAY, JJ.

MURRAY, Judge.

The State of Louisiana, through the Louisiana Stadium and Exposition District and Facility Management of Louisiana, Inc. (Superdome), appeals a judgment awarding John Maldonado $294,159.24 in damages, including $29,452 in future lost wages, in connection with injuries sustained when he fell while entering the Superdome for a Saints pre-season game. We affirm.

FACTS

On August 12, 1989, at around 7:30 p.m., forty-three-year-old John Maldonado left the Hyatt Hotel where he worked as a cook and walked through the New Orleans Centre toward Gate C of the Superdome to attend that evening's Saints game. The weather was clear and dry, and it was beginning to get dark as he approached the series of doors into the Dome shortly before 8:00 p.m. When Mr. Maldonado was approximately three steps from the doorway, he slipped and fell, landing on his buttocks and then his left elbow as he attempted to break his fall. He immediately experienced pain in his back, neck and left arm. While on the ground, Mr. Maldonado noticed for the first time that a large area around the doorway was wet and, judging by the smell, decided he had slipped in an accumulation of spilled beer.

Mr. Maldonado got up and told the ticket-taker at one of the turnstiles just inside the doors that he had fallen. This Dome employee, *1090 later identified as Robert Jones, directed Mr. Maldonado to the first aid office. On his way to that location, Mr. Maldonado ran into a family friend, Frances Eckart, who asked why his white pants were all wet and dirty. The two spoke briefly as he told her what had happened, then Mr. Maldonado found a security guard who escorted him to first aid. A nurse there checked his vital signs and completed a report, after which he and the guard returned to the scene of his fall. By this time, thirty minutes or more after he had fallen, the area in front of and around the doors was being cleaned up by three or four Superdome employees. Mr. Maldonado called his wife to drive him home, and left without watching the game.

Mr. Maldonado saw his family physician, Dr. Dan W. Joachim, five days after the accident. Dr. Joachim, an internist, noted swelling and redness over the sacral area and diagnosed an acute lower back strain. Mr. Maldonado was advised not to return to work for the time being, and was given medication and therapeutic exercises to perform. Dr. Joachim noted continuing symptoms in later visits on August 24 and September 14, and on the latter date approved Mr. Maldonado's suggestion of chiropractic treatment. On October 20, 1989, Mr. Maldonado reported that the chiropractor seemed to be helping, but Dr. Joachim did not feel he was ready to return to work. However, after the next examination on November 17, 1989, Dr. Joachim told Mr. Maldonado he could return to work, but instructed him to avoid heavy lifting and to continue his therapy with the chiropractor.[1] Dr. Joachim testified that although Mr. Maldonado sought subsequent treatment for his back elsewhere, the injury was discussed at the patient's continuing visits for hypertension and anxiety up to the date of trial.

Mr. Maldonado received regular chiropractic treatments through September 24, 1990, but found that his performance at work was impaired because he could not stand for long periods of time, bend or pick up heavy objects without experiencing pain. On November 12, 1990, Mr. Maldonado consulted Dr. Norman Ott, III, another internist, reporting worsening pain radiating down both legs, but especially the left leg. Dr. Ott's examination was generally negative, so he asked Mr. Maldonado to see an orthopedist and have an MRI performed to permit a better diagnosis. Mr. Maldonado returned on November 30, 1990 and on May 10, 1991 with the same complaints and reporting increased absences from work, but he had not had the additional testing performed. Since Dr. Ott could offer no treatment without further data, he discharged Mr. Maldonado with instructions to see an orthopedist.

Mr. Maldonado then consulted Dr. Wilmot Ploger, an orthopedist, on June 5, 1991, with the same complaints as reported to Dr. Ott. After obtaining a history of prior treatment, Dr. Ploger's examination indicated a left nerve root irritation, leading him to suspect a ruptured or herniated lumbar disc. This diagnosis was confirmed by an MRI, which revealed a ruptured disc at L5-S1. Although Mr. Maldonado initially rejected Dr. Ploger's recommendation of surgery, increasing pain and weakness in the left leg forced him to stop work in September 1991, and a lumbar laminectomy was performed October 29, 1991.

Dr. Ploger described Mr. Maldonado's post-operative progress as "slow but steady" until April 1992, when he reported that his left leg had given way a week earlier. In July 1992, after reviewing an MRI that showed no new herniation, Dr. Ploger released Mr. Maldonado to return to light-duty work. When he returned for a check-up in November, Mr. Maldonado reported that he had tried to do catering work,[2] but had to stop due to pain. He had begun using a back brace, which helped relieve his symptoms.

By July 1993, Mr. Maldonado's pain had returned to pre-operative levels, requiring two pain pills a day and the use of a cane for walking. A year later, reports of increasing *1091 numbness and weakness in the legs led Dr. Ploger to request another MRI, which revealed a new bulging protrusion of the L5-S1 disc. Dr. Ploger testified that, more probably than not, this recurrent herniation was caused by the natural process from the surgery; such recurrence does not require new trauma.

Dr. Ploger last saw Mr. Maldonado in December 1994, five months before trial. He estimated that Mr. Maldonado had a 5 to 10 percent permanent physical impairment of the spine, and that it is more probable than not that this was caused by the fall at the Superdome. Based upon objective findings as well as Mr. Maldonado's reports of pain, Dr. Ploger believes any work activity should be restricted: no repetitive stooping, bending or lifting; occasional lifting limited to twenty-five pounds; standing as per tolerance. Other than his 1992 attempt as a caterer, however, Mr. Maldonado has not worked since September 1991.

After a bench trial, the district court entered judgment in favor of Mr. Maldonado. In written reasons, the court found "that the defendants had constructive if not actual notice through the presence of the ticket taker at the turnstile where the incident occurred," and awarded $175,000 in general damages and $119,159.24 in special damages. This appeal followed.

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Bluebook (online)
687 So. 2d 1087, 1997 WL 25162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maldonado-v-louisiana-superdome-comn-lactapp-1997.