Maranto v. Goodyear Tire & Rubber Co.

650 So. 2d 757, 1995 WL 66476
CourtSupreme Court of Louisiana
DecidedFebruary 20, 1995
Docket94-C-2603, 94-C-2615
StatusPublished
Cited by185 cases

This text of 650 So. 2d 757 (Maranto v. Goodyear Tire & Rubber Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maranto v. Goodyear Tire & Rubber Co., 650 So. 2d 757, 1995 WL 66476 (La. 1995).

Opinion

650 So.2d 757 (1995)

Robert Terrell MARANTO and Vicki Maranto
v.
GOODYEAR TIRE & RUBBER CO., et al.

Nos. 94-C-2603, 94-C-2615.

Supreme Court of Louisiana.

February 20, 1995.
Rehearing Denied March 23, 1995.

*758 Donald J. Armand, Jr., Blanchard, Walker, O'Quin & Roberts, Mark E. Barham, Robert E. Arceneaux, Barham & Arceneaux, for applicant.

Joseph W. Greenwald, Edwin L. Blewer, Jr., Cook, Yancey, King & Galloway, for respondent.

JOHNSON, Justice.[1]

Plaintiffs filed this action against several defendants including Goodyear Tire Co. (hereafter Goodyear) and its insurer, Travelers Insurance Company (hereafter Travelers) in connection with an automobile accident. After several parties settled and/or compromised their claims, plaintiffs proceeded to trial against defendants Goodyear and Travelers. The matter was bifurcated and after the liability phase was tried, defendants were held 100% liable. Thereafter, a bench trial was held to determine if plaintiff's subsequent leg, hip and back injuries were related to the accident. After hearing testimony from both sides, the trial judge determined that plaintiff's surgery of October 22, 1989 was not associated with the accident and awarded her $3,000.00 in damages for soft tissue injuries and related medical costs for visits to her internist, up to approximately October 9, 1989.

Plaintiff then appealed to the Second Circuit Court of Appeal. In a 2-1 vote, the appellate court affirmed the trial judge's ruling. 643 So.2d 167. Thereafter, plaintiffs sought a re-hearing. The re-hearing panel issued an opinion re-affirming the trial judge's ruling. After receiving the opinion rendered by the re-hearing panel, plaintiff sought writs to this court arguing that this *759 matter was handled erroneously due to a clerical mistake that improperly assembled the subsequent panel. This court then ordered the Court of Appeal to reconsider the case with an en banc panel. 641 So.2d 533. After reconsideration, the Second Circuit was split with a 4-4 tie[2]. Four Judges affirmed the court's previous ruling which denied plaintiff relief. The other four judges joined the suggestions of Judge Brown, which reversed the findings of the lower court. 643 So.2d 173. Looking beyond the procedural mishap, we find that that the automobile accident was the cause-in-fact of plaintiff's herniated disc injury.

FACTS

On August 25, 1989 plaintiff, Vicki Maranto was involved in a three vehicle accident. While traveling in her husband's 1985 Chevrolet Suburban heading south on Hearne Avenue in Shreveport, Louisiana, plaintiff's vehicle was struck on the driver's side by a 1984 Lincoln Continental Mark IV, driven by Thelma Estes, as she traveled through the intersection of Hearne Avenue and Greenwood Road. Ms. Estes was operating a vehicle owned by her employer J. Lane Company. Prior to the collision between Ms. Estes' vehicle and plaintiff, Ms. Estes' vehicle was struck from the rear by a 1988 Plymouth van owned by defendant Goodyear, and operated by its employee, Robert Emerson. Ms. Estes was traveling north on Hearne Avenue and had stopped waiting to turn left onto Greenwood Road. The impact of the first collision caused Ms. Estes' vehicle to cross into the southward lane of Hearne Avenue and strike plaintiff's Suburban, causing extensive damage to the vehicle and blowing out both rear tires. The vehicle was later towed away from the accident scene by a wrecker to be repaired.

In its written reasons for the judgment, the trial court stated that the medical testimony from two orthopedic surgeons did not support a finding that Mrs. Maranto's disc injury was related to the accident. The issue to be decided by this court is whether or not the automobile accident caused plaintiff's herniated disc.

CAUSATION

In a personal injury suit, plaintiff bears the burden of proving a causal relationship between the injury sustained and the accident which caused the injury. American Motorist Insurance Co. v. American Rent-All, Inc., 579 So.2d 429 (La.1991); Aucoin v. State Farm Mut. Auto. Ins. Co., 505 So.2d 993 (La.App. 3d Cir.1987); Richard v. Walgreen's Louisiana Co., 476 So.2d 1150 (La.App. 3d Cir.1985). Plaintiff must prove causation by a preponderance of the evidence. Morris v. Orleans Parish School Bd., 553 So.2d 427 (La.1989). The test for determining the causal relationship between the accident and subsequent injury is whether the plaintiff proved through medical testimony that it is more probable than not that the subsequent injuries were caused by the accident. Mart v. Hill, 505 So.2d 1120 (La. 1987); Villavaso v. State Farm Mut. Auto. Ins. Co., 424 So.2d 536 (La.App. 4th Cir. 1982).

At trial, plaintiff introduced the testimony of several medical doctors with whom she sought treatment. Mrs. Maranto stated that on August 28, 1989, the first business day after her accident, she visited her internist, Dr. William Hunt. Dr. Hunt stated that he initially treated Mrs. Maranto in the early 1980's. He further testified that Plaintiff informed him of an automobile accident that she was involved in just three days prior to her visit. He stated that plaintiff was very nervous and tremulous, and that she had general aches and pains. On cross-examination he noted that his medical report did not mention "general aches and pains," but said that he specifically remembered her condition.

Dr. Hunt gave her samples of Xanax, a nerve suppressant drug for her anxiety, and other over-the-counter medication such as Ibuprofen for her pain. Additionally, Dr. Hunt authorized a cortisone shot for plaintiff *760 in early October when her pain increased. Dr. Hunt further testified as follows:

Q. Have you ever found Vicki Maranto to be a person to magnify her complaints or injuries in any way?
A. No.
Q. You've found her to be a sincere, truthful person in relating her complaints?
A. Yes.

After unsuccessful treatment with Dr. Hunt, plaintiff sought the services of Dr. Carl Goodman, an orthopedic surgeon. Dr. Goodman examined plaintiff on October 17, 1989, at which time she stated that 90% of her pain was in her right hip and leg, and only 10% of the pain in her back. His exam revealed that she was unable to stand on the heel of her right foot due to weakness and her movements were limited because of right hip and leg pain. The low back area had spasms and tenderness throughout, which had a well healed scar from previous surgery. X-rays showed degenerative narrowing of the L4 and L5 discs with moderate lumbar scoliosis. Dr. Goodman's initial impression was that plaintiff had an L5 and possible L4 radiculopathy on the right. He gave her a second cortisone shot, an analgesic, sent her to physical therapy and told her to return in a week.

Two days later, on October 19, 1989, Dr. Goodman received a call from plaintiff complaining of increased pain. A magnetic resonance scan (MRI) showed an apparent extrusion of the L5 disc on the right side. Thereafter, on October 22, 1989, Dr. Goodman performed surgery, removing a ruptured disc.

In an effort to prove causation, Dr. Goodman was asked the following hypothetical question:

Q. Let's assume, Dr. Goodman, that the day of the accident, August the 25th, '89, let's assume that it was of a violent nature.

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Bluebook (online)
650 So. 2d 757, 1995 WL 66476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maranto-v-goodyear-tire-rubber-co-la-1995.