Matlock v. City of Shreveport

58 So. 3d 1131, 2011 La. App. LEXIS 314, 2011 WL 837028
CourtLouisiana Court of Appeal
DecidedMarch 11, 2011
DocketNo. 45,920-CA
StatusPublished
Cited by1 cases

This text of 58 So. 3d 1131 (Matlock v. City of Shreveport) 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
Matlock v. City of Shreveport, 58 So. 3d 1131, 2011 La. App. LEXIS 314, 2011 WL 837028 (La. Ct. App. 2011).

Opinions

DREW, J.

laThe apportionment of 100% fault against the City of Shreveport and the amount of the general damages are the issues in the City’s appeal in this trip and fall case. A teacher and assistant softball coach for Shreveport’s Turner Middle School, Heather Matlock fell as she was approaching the gate to a set of baseball fields at Cargill Park on October 24, 2005. While carrying softball equipment as she spoke with her team and a hearing impaired volunteer coach about the game, Matlock twisted her ankle in a hole or depression in the sidewalk and fell to her hands and knees.

In severe pain, Matlock went by ambulance to the emergency room at Willis-Knighton Pierremont Hospital. Personnel there x-rayed, treated, and released Mat-lock, who went home with an air splint for her left ankle, crutches and pain medication. In addition, she was instructed to follow up with her orthopedic doctor, who diagnosed an avulsion fracture1 of her left ankle and treated her with a boot cast and medication. The orthopedist also referred Matlock to physical therapy to assist in her recovery.

Matlock alleged that the fall injured her left ankle and foot, both knees and her right hand and forearm. Following the bench trial, the trial court rejected a portion of plaintiffs demands, finding that Matlock failed to present sufficient evidence that her right knee problems and 2008 anterior cruciate ligament surgery were caused by the 2005 fall. After determining that the City was 100% at fault for the defective sidewalk, the trial court awarded Matlock special damages of $4,896.79, lost wages of $1,078.79, and general damages at $75,000.00.

[1134]*1134IsThe City of Shreveport appealed the judgment assessing it with 100% of the fault for plaintiffs fall on a sidewalk defect. The City asserted the depression was obvious and easily avoidable had Mat-lock been looking where she was walking. Additionally, the City argued that the general damages were excessive. For the following reasons, the judgment is amended and, as amended, affirmed.

TESTIMONY AT TRIAL

Milton A. McGraw

A retired Shreveport Parks and Recreation (SPAR) employee, McGraw testified he was Youth Sports Coordinator on the day of Matlock’s fall and was Interim Division Manager for SPAR when deposed in this matter in June 2007. McGraw stated that, to his knowledge, there was not a policy or procedure in place to inspect the parks at the time of the accident. While formal inspections were not conducted, repairs were made when the ball field crews reported any problem to their supervisor. The maintenance department then made any repairs.

The hole or depression in the sidewalk was at the entrance to ballparks six through ten. Sometime after Matlock’s mishap, the sidewalk was repaired for approximately $50 with a bag of Quikrete or asphalt. McGraw estimated 5,000 to 10,-000 people a year used that particular entrance at Cargill. He had no knowledge of anyone else falling at that location. McGraw did not consider the depression unreasonably dangerous because anyone paying reasonable attention would recognize the defect. He acknowledged that the depression as shown in the photos in evidence had probably been there several years.

Heather Matlock McFarland, 2 plaintiff

14Approximately 15 girls from grades six, seven and eight at Turner Middle School comprised the softball team, which traveled by school bus to the park. After exiting the bus and meeting their volunteer assistant coach at the parking lot, the students and coaches all carried equipment bags as they walked on the sidewalk from the parking lot toward the gate to their assigned ball field. Surrounded by the students, Matlock said she talked to the girls and encouraged them about the upcoming game. Matlock stated her left ankle rolled out from under her in the hole in front of the entrance. She twisted toward the left and hit her right knee on the ground and the back of her head on a car parked near the pathway.

Matlock’s left ankle was in severe pain and swollen. Her foot was purple from the bottom of her ankle bone into her toes. She could not move her left foot. Matlock was very upset and in pain in the ambulance, so emergency room personnel gave her something to calm her. Her right knee had a gash in the bend, which swelled and created a bump on the top part of her kneecap. The doctor did not want to stitch it because it was in the bend. Her hands were scratched up. X-rays revealed no fractures and Matlock was discharged with an air splint, crutches, and pain medication along with instructions to see her orthopedic doctor.

Concerning her medical history, Matlock testified she injured her right knee in 1994 but continued to be active until she injured her knee in 2003 playing softball. Dr. Gordon Mead operated on her right knee in 2003 to repair a torn meniscus. Mat-lock acknowledged she had right knee instability and a problem with right anterior cruciate ligament in 2003. Thereafter, she [1135]*1135wore a brace for sporting events and was not troubled by her knee when she played sports.

|fiOn the day following her fall, Matlock saw Dr. Mead, who observed marked swelling in her left ankle along with abrasions on both hands and her right forearm. Dr. Mead placed her in a CAM walker (removable brace or cast to stabilize the ankle and aid healing). On a subsequent visit, x-rays revealed an avulsion fracture. Dr. Mead also referred Matlock to physical therapy for her ankle injury. She complained about right knee on her third visit. Unable to kneel or to put weight on her left ankle after the fall, Matlock described bruises on her hands and blisters under her arms resulting from the crutches.

.Matlock saw Dr. Mead from October 2005 until January 4, 2006, when he discharged her to return to work at her request. She was never able to return to coaching. Matlock stated she received worker’s compensation benefits from the time of her fall in October 2005 until her discharge in January 2006.

Matlock characterized the physical therapy sessions for her ankle as painful and testified the therapist rotated her ankle so painfully that she screamed. She followed his instructions to do exercises at home with rubber bands he provided. Following completion of her therapy sessions, Mat-lock requested more therapy but testified she was denied by the comp carrier. In his deposition, Dr. Mead corroborated that Matlock had requested more physical therapy sessions.

In contrast to the physical therapist, whose testimony is noted below, Matlock said she attended every 2005 therapy session except one, which she rescheduled due to vomiting. Matlock was unaware, until her attorney informed her, that the therapist had discharged her for noncompliance. | ñMatlock emphatically denied failing to make effort and exaggerating pain complaints.

When she returned to teaching after being discharged at her own request in early January 2006, Matlock’s principal accommodated her weakened and painful ankle condition by assigning her to tutoring small groups of 4th graders. This eliminated her working with very physical 6th graders with whom she was at risk of being knocked down. This assignment also allowed Matlock to sit while instructing her students. Her ankle continued to swell and hurt, particularly at the end of the day or after periods of significant activity.

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Bluebook (online)
58 So. 3d 1131, 2011 La. App. LEXIS 314, 2011 WL 837028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matlock-v-city-of-shreveport-lactapp-2011.