Mims v. Reliance Ins. Co.

535 So. 2d 1085, 1988 WL 113788
CourtLouisiana Court of Appeal
DecidedOctober 26, 1988
Docket20065-CA
StatusPublished
Cited by10 cases

This text of 535 So. 2d 1085 (Mims v. Reliance Ins. Co.) 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
Mims v. Reliance Ins. Co., 535 So. 2d 1085, 1988 WL 113788 (La. Ct. App. 1988).

Opinion

535 So.2d 1085 (1988)

Willie MIMS, et ux., Appellant,
v.
RELIANCE INSURANCE COMPANY, et al., Appellees.

No. 20065-CA.

Court of Appeal of Louisiana, Second Circuit.

October 26, 1988.

*1086 Ike F. Hawkins, Jr., Shreveport, for plaintiff-appellant.

Rountree, Cox & Guin by Billy J. Guin, Jr., Shreveport, for defendants-appellees.

Before FRED W. JONES, Jr., SEXTON and LINDSAY, JJ.

FRED W. JONES, Jr., Judge.

This litigation arose out of an automobile accident which occurred when two cars, traveling in the same direction on a four lane city thoroughfare, collided as the vehicle in the outer lane turned into the inner lane. The driver of the car in the inner lane and her husband sued the driver of the other car, his employer and insurer. From a judgment in their favor, plaintiffs appealed, asking for an increase in the awards.

On June 22, 1984 Hattie Mims and Harrell Mulkey were driving their respective vehicles west on Hollywood Avenue in Shreveport, with Mrs. Mims in the inside lane and Mulkey in the outside lane. At one point the outer lane was blocked off because of a road construction project, requiring that traffic in that lane turn into and merge with traffic in the inner lane. As Mulkey turned to the left into the inner lane his vehicle collided with the Mims car. This litigation ensued.

*1087 At the trial, held in March 1987, Mrs. Mims testified that, traveling in the inner lane, she let one car from the outer lane in ahead of her, proceeded forward, and Mulkey cut into her lane and ran into her. This testimony was corroborated by that of McGuire, an eyewitness.

Mulkey testified it appeared to him that Mrs. Mims had stopped to let another car into her lane and he followed, assuming that she would let him enter also. When he had gotten about 75% of his car into the inner lane, Mrs. Mims moved forward, causing her bumper and his fenderwell to become entangled. He said that both cars were barely moving, so there was no real impact. The only damage sustained by his car was a two inch scrape on the fenderwell.

As to her injuries, Mrs. Mims testified that her body did not hit any part of the car, but she was jerked forward, and though she did not experience pain immediately, her back and neck started hurting soon thereafter. That afternoon she visited her physician, Dr. Pineda, who hospitalized her for x-rays and tests. She was given pain medication and a back and neck brace. She continues to need the back brace, and it has also become necessary for her to use crutches to get around. She admitted suffering back and neck pains in the past, but says they were not nearly as severe as those she has experienced since the accident. She also admitted being previously treated for high blood pressure, gout and nervous problems.

She also testified that at the time of the accident, she was working as a maid for Mrs. Moses, but that afterwards she was only able to handle light housecleaning once a week. She also was forced to cut back to one day a week at a day care center where she worked part-time. She stated that she cannot get outside, walk up the stairs in her home, or drive for more than very short distances, and has trouble sleeping. Her back pain is constant and has recently worsened significantly. It was necessary for friends, Dora and Linda Sims, to come in and do her housework, and although she had no money to pay them, she told them she would do so when she was able.

Dr. Pineda testified that Mrs. Mims came to see him on June 22, 1984 complaining of neck and back pain, and saying she had been "jerked" in an automobile accident. He x-rayed her, gave her a collar and medication, and said he suspected acute sprain of the neck and lumbar spine. He saw her frequently during the next few months and gave her electric stimulation treatment. Her pain continued, however, so he hospitalized her in July and ordered traction. He saw her periodically after that, but her back has not gotten better. Before this accident, he had treated plaintiff for various ailments, including asthma, obesity, high blood pressure, and nerves. She had also been treated for preexisting marked degenerative disc disease, gout, spondyliolisthesis (a forward subluxation of the lower lumbar vertebrae on the sacrum), spinal stenosis (a narrowing of the spinal passage, through which the spinal cord and nerves pass), and osteoarthritis in "virtually every joint of her body". He stated that before this accident, plaintiff suffered periodic, but not constant, back pain. It was this witness's opinion that her prior pain was aggravated by this accident, and related her current pain to the accident rather than her pre-existing conditions.

However, the testimony of Dr. Smith, an orthopedic surgeon, does not support plaintiff's contention. He saw her on September 5, 1985, and found no objective symptoms for the pain she described. It was his opinion that she suffers from degenerative disc disease and that while her pre-existing condition was aggravated by this accident, her problems are longstanding and were not caused by the accident. According to him, the aggravating effects of the accident should have subsided within a year or two and her current symptoms merely reflect a natural progression of her condition.

Mr. Mims testified that for the past few years his wife had been taking care of him because he was sick, but that since the accident, she began feeling progressively worse. It has thus become necessary for him to take care of himself and take over *1088 her housecleaning duties generally. He corroborated his wife's testimony regarding her symptoms, and while he admitted she has suffered from back and neck pain in the past, he maintained that it has gotten much worse lately.

Mrs. Moses, who formerly employed plaintiff three days a week to clean house and care for her children, testified that plaintiff was working for her only one day a week at the time of the accident, as her children had left home some six years ago, and plaintiff was no longer needed fulltime. She was frequently home during the day, and said she observed that plaintiff was no longer able to perform any housework except light dusting and vacuuming after the accident, whereas before the accident she did all the housework and cooking for her family. The witness stated that plaintiff did not work on a regular basis after the accident, and a record of the days of work missed by plaintiff was introduced into evidence. It shows one day missed in July, 1984, and that plaintiff did not work for the witness from August 31, 1984 until May, 1985, when she returned to work sporadically. Her last day was September 26, 1986, when she quit because she said she could no longer handle the work. Mrs. Moses paid plaintiff $25/day.

Benny Gardner, another former employer of plaintiff, testified that plaintiff was unable to continue working on a regular basis at his nursery after the accident. She worked regularly one day per week at $25/day until just after the accident, however, and the witness stated he thought she missed approximately one month due to the accident.

Dora Sims, plaintiff's friend, testified that after the accident she helped plaintiff with housekeeping tasks that plaintiff was no longer able to perform. She provided these services from June through October, 1984, four hours per day, four days per week. Her daughter, Linda Sims, testified that when her mother (Dora) quit helping plaintiff in October, she took her mother's place. She worked six hours per day, five days per week, for nine months. Both witnesses stated they did not charge, and were not paid anything for their services.

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Cite This Page — Counsel Stack

Bluebook (online)
535 So. 2d 1085, 1988 WL 113788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mims-v-reliance-ins-co-lactapp-1988.