Miley v. Landry

582 So. 2d 833, 1991 WL 110886
CourtSupreme Court of Louisiana
DecidedJune 21, 1991
Docket90 C 2158
StatusPublished
Cited by17 cases

This text of 582 So. 2d 833 (Miley v. Landry) 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
Miley v. Landry, 582 So. 2d 833, 1991 WL 110886 (La. 1991).

Opinion

582 So.2d 833 (1991)

Wayne MILEY and Nelda Miley
v.
William E. LANDRY, et al.

No. 90 C 2158.

Supreme Court of Louisiana.

June 21, 1991.
Rehearing Denied September 5, 1991.

Thomas K. Kirkpatrick, Kirkpatrick, Keyser and Kirkpatrick, Baton Rouge, for plaintiffs-applicants.

Richard B. Nevils, Baton Rouge, for defendant-respondent.

No counsel listed for William Landry.

WATSON, Justice.

After an automobile collision, the fault of defendant, William E. Landry, was stipulated and trial was held on the quantum due plaintiffs, Nelda Pilgrim Miley and her husband, Malcolm Wayne Miley. Because Nelda Miley suffered from prior physical and emotional problems, she was an "eggshell" victim, who went from a functioning status into a psychotic state after the accident. The trial court allowed damages only for a soft tissue injury and the court of appeal affirmed 568 So.2d 680. This court must decide whether the failure to award damages for the physical and mental disability precipitated by the accident is clearly wrong.

FACTS

Nelda Pilgrim Miley, born in 1935, is a graduate of Louisiana College in Pineville and Southwestern Seminary in Fort Worth, with two degrees in music. She was a professional organist, who married Malcolm Wayne Miley in 1957.

In 1971, Nelda and Wayne Miley were working at a large Baptist church in Richardson, Texas. In addition to serving as a church musician, Nelda had four children, a large house, no household help and church entertainment duties. She became overwhelmed by her responsibilities. After pastoral counseling, she was referred to a psychiatrist, who admitted her to Beverly Hills Psychiatric Hospital in July of 1971, for a stay of approximately two and a half months. Subsequently, on January 7, 1972, Nelda was admitted to Timberlawn *834 Psychiatric Hospital in Dallas and remained over seven months. She was discharged with a prescription for Prolixin. After an overdose, she was again admitted to Timberlawn on January 22, 1973, and discharged on February 6, 1973. The diagnosis was "Schizophrenia, schizo-affective type, depressed." (Exhibit # 1, p. 19).

Between February of 1973 and the accident on January 15, 1985, Nelda Miley did not have any psychiatric treatment. When her husband lost his job in Texas, they moved to Denham Springs for about seven years and then to Baton Rouge. In 1979, she had a lumbar laminectomy.

Dr. Thomas B. Flynn, a neurosurgeon, initially saw Nelda Miley at Baton Rouge General Hospital in January of 1983. She had developed chronic back pain after the 1979 surgery, and she displayed the clinical criteria of a person with a recurrent disc rupture, which is a protrusion of disc material where surgery has previously been performed. In the initial surgery, about 75 percent of the disc material is removed and there is a six percent chance of a recurrence. Dr. Flynn thought spinal fusion surgery was indicated and Dr. Richardson of Tulane University in New Orleans concurred.

On April 19, 1983, Dr. Flynn performed a posterior, lumbar fusion and excised Nelda Miley's recurrent disc rupture. The disc material was removed; a bone graft was placed in the disc interspace and the two spinal segments were fused. Nelda had an uneventful post operative course although she was still having significant low back pain and spasms at the time of her discharge on May 2, 1983. Pain medication, muscle relaxants and a lumbosacral corset were prescribed. On May 26, 1983, when she still had muscle spasms, Elavil and Prolixin were prescribed. On June 20, 1983, Nelda Miley looked chipper, felt better and seemed to be doing well. On August 1, 1983, she was walking about two miles a day. Although she had back and leg pain, Dr. Flynn ascribed her discomfort to increased activity. A CAT scan showed the fusion to be progressing satisfactorily. On September 13, she was not having any back problems. On November 15, 1983, the CAT scan showed excellent progression of the fusion, and the back brace was discontinued. On November 29, 1983, Nelda Miley was having occasional symptoms, but was optimistic, in good spirits, and did not request any pain medication.

On February 29, 1984, Nelda said she could live with her symptoms. She was sleeping well, two or three nights out of four, and taking one or two Tylox tablets every three or four days. Tylox is a synthetic narcotic equivalent to a grain and a half of codeine. An x-ray, a Tomogram, showed fusion on the right side but incomplete fusion on the left side. Despite some ongoing pain, Nelda seemed happy. On June 11, 1984, she still had pain, but Elavil and Prolixin were substituted for narcotics. On August 30, 1984, she was not taking any medication and seemed to be functioning satisfactorily. Dr. Flynn noted on Nelda's chart that she seemed content and happy.

After the collision on January 15, 1985, Nelda Miley went to the emergency room at Baton Rouge General Hospital where muscle relaxants were prescribed. Although she asked for Dr. Flynn, the emergency room physician suggested she see her neighborhood physician, Dr. Victor Harvey. Dr. Harvey referred Nelda back to Dr. Flynn.

Malcolm Wayne Miley, age 53, graduated from Louisiana College and Southwestern Seminary at Fort Worth, Texas, with a master of church music degree. Nelda also obtained her master's degree at Southwestern Seminary while they were there. In January of 1985, their home was very happy. They were pleased about their oldest son's preparation for marriage. When Wayne was called to the scene of the accident, Nelda was extremely upset and the next day her pain was more pronounced. She was distressed and concerned that she had undone all the good from her surgery. The automobile accident created an immediate change in her personality. It caused so much trauma that she became fearful of everything, suffering not only physical pain but emotional fear.

*835 On April 17, 1985, Dr. Flynn's examination showed a limited range of motion in the lumbar spine. A nerve conduction study on April 18, 1985, showed a slowing of nerve conduction in the nerve root at the L-4 level on the right side. The test indicated some impairment in function of the nerve root, probably from scar tissue at the surgical site. Nelda was given a prescription for a pain medication equivalent to Tylox. One of Dr. Flynn's associates gave her a prescription for narcotics on April 19, 1985. On May 15, 1985, she described ongoing, localized pain for which she was taking aspirin. Her fusion was stable. On June 27, 1985, she was given ten tablets of Tylox.

As a result of the accident, Nelda Miley had a diminished range of motion but no other objective symptoms. Dr. Flynn's diagnosis was a musculoskeletal strain.

In June of 1984, Dr. Flynn had referred Nelda Miley to Dr. Cary Dennis Rostow, a clinical psychologist, for help with her chronic back pain. She saw Dr. Rostow on June 21, 1984, and had biofeedback sessions with him on June 26, June 28, July 2, October 30, November 8 and November 14 of 1984. During that summer, Dr. Rostow gave Nelda Miley a psychological test, the Minnesota Multiphasic Personality Inventory. Her profile showed depression, pessimism, introversion, lack of self confidence, aloofness and feelings of failure, but she was above the clinical line of sanity, which separates the normal and abnormal. Although extremely fragile, she was not psychotic.

When Dr. Rostow saw Nelda after the accident, on April 6, 1985, she was a grossly different person: disorganized, anxious and depressed, with peculiar verbalizations. She exhibited tangential thinking, meaning that she could not hold to a particular topic.

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Bluebook (online)
582 So. 2d 833, 1991 WL 110886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miley-v-landry-la-1991.