Morris v. Highlands Ins. Co.

525 So. 2d 125, 1988 La. App. LEXIS 705, 1988 WL 16521
CourtLouisiana Court of Appeal
DecidedMarch 2, 1988
Docket87-130
StatusPublished
Cited by21 cases

This text of 525 So. 2d 125 (Morris v. Highlands 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
Morris v. Highlands Ins. Co., 525 So. 2d 125, 1988 La. App. LEXIS 705, 1988 WL 16521 (La. Ct. App. 1988).

Opinion

525 So.2d 125 (1988)

J.L. MORRIS, Et Ux, Plaintiffs-Appellees,
v.
HIGHLANDS INSURANCE COMPANY, Defendant-Appellant.

No. 87-130.

Court of Appeal of Louisiana, Third Circuit.

March 2, 1988.

*126 Darrel D. Ryland, Marksville, for plaintiffs-appellees.

Gist, Methvin, Hughes & Munsterman, H.B. Gist III, Alexandria, for defendant-appellant.

Before FORET and DOUCET, JJ., and SWIFT[*], J. Pro Tem.

FORET, Judge.

Plaintiffs, J.L. Morris and Cindy Morris, filed a personal injury action against Highlands Insurance Company, asking for damages arising out of an automobile accident involving Cindy Morris on July 3, 1985. Liability was stipulated and the case was tried on October 30, 1986 as a non-jury fixing. At the close of the evidence, the trial court rendered judgment in favor of Cindy Morris in the sum of $99,130 and in favor of J.L. Morris in the sum of $10,000. Defendant appeals.

FACTS

Plaintiff, Cindy Morris, was injured on July 3, 1985, when the pickup truck she was driving was struck by a pickup truck driven by Charles W. Granger, Jr. and owned by his employer, T.L. James & Company. Highlands Insurance Company is the liability insurer of the Granger vehicle. Immediately after the accident, plaintiff did not feel she was seriously injured so she did not consult a doctor. However, shortly thereafter, plaintiff began experiencing pain in her chest, lower abdomen, back and legs, and she therefore went to see Dr. F.P. Bordelon, her family physician, on July 8, 1985. Plaintiff states that she complained of pain in her chest and low back and that Dr. Bordelon recommended that x-rays be taken although none were taken on this occasion. Plaintiff then consulted Dr. Predrag *127 Gagic, a general surgeon, on July 10, 1985, complaining of pain around the abdomen, as well as pain in the mid to uppper area of the back. She returned to Dr. Gagic on July 12, and was thereafter hospitalized by Dr. Gagic for tests at Humana Hospital on July 16, 1985. The tests conducted by Dr. Gagic ruled out the possibility of internal injury and plaintiff did not return to see Dr. Gagic for further treatment nor did he prescribe any medication other than Librax, which was prescribed for irritable bowel syndrome. Following her hospital confinement, plaintiff's attorney arranged for her to see Dr. Bruce Razza, an orthopedic surgeon practicing in New Orleans. Plaintiff first saw Dr. Razza on September 10, 1985, and her complaints at that time were pain in the chest and abdomen area, as well as low back pain. She also complained of pain, tingling, and numbness radiating down the right lower extremity. Upon completion of his examination, Dr. Razza diagnosed plaintiff's condition as lumbosacral disc disease with probable right L-5 radiculopathy and trauma exacerbation. In other words, Dr. Razza felt that plaintiff had one or more worn discs in her low back which were aggravated by the automobile accident in question. He prescribed a back brace, exercise, and a non-steroidal anti-inflammatory medication. Plaintiff again saw Dr. Razza on November 5, 1985, January 23, 1986, April 11, 1986, and July 15, 1986, with essentially the same complaints. Because a course of conservative treatment was not yielding satisfactory results, Dr. Razza hospitalized plaintiff for further testing on September 8, 1986. These tests confirmed a diagnosis of advanced degenerative disc disease, aggravated by the automobile accident of July 3, 1985. Specifically, Dr. Razza found diffused anular bulging of the discs at L-5 and L-4, which resulted in nerve compression or irritation. Following plaintiff's hospital confinement, plaintiff saw Dr. Razza again on October 10, 1986, at which time she advised that the epidural steroid block performed during her hospital confinement had relieved her leg pain somewhat but that she was still experiencing pain in the back. At this time, Dr. Razza discussed with her the possibility of her undergoing facet blocks, which could substantially alleviate the pain which she was experiencing in her mid-back region. However, as of trial, plaintiff had not undergone such treatment. Based upon his months of examination and treatment, Dr. Razza has assigned to plaintiff a 15% permanent physical impairment rating with regard to the body as a whole.

It should be noted that plaintiff was also seen by Dr. Jose Garcia Oiler, a neurosurgeon, on September 25, 1986. Dr. Oiler's diagnosis of injury substantially conforms with that of Dr. Razza. He diagnosed plaintiff's condition as nerve compression caused by one or more bulging discs. According to Dr. Oiler the discs are bulging due to ligament damage within the discs caused by the accident in question.

The following issues are presented for our consideration on appeal:

(1) Is the trial court's award of general damages in the amount of $50,000 an abuse of discretion?
(2) Is the trial court's award of future medical expenses in the amount of $8,500 an abuse of discretion?
(3) Is the trial court's award for past medical expenses in the amount of $12,473 an abuse of discretion insofar as such award includes the full amount of Dr. Oiler's bill, totaling the sum of $1932?
(4) Is the trial court's award of $24,696 for economic loss an abuse of discretion?
(5) Is the trial court's award of $3,461 to Cindy Morris for loss of household services together with an additional award of $10,000 to her husband, J.L. Morris, for loss of consortium erroneous and/or an abuse of discretion?

AWARD OF GENERAL DAMAGES IN THE AMOUNT OF $50,000

[1] Plaintiffs, J.L. Morris and Cindy Morris, testified at length at trial concerning the dramatic effect which Mrs. Morris' injuries have had on her day-to-day activities. This testimony is corroborated by the testimony of Cindy Morris' niece, Agnes Paul, who has visited Cindy on a regular *128 basis for the past several years. Prior to the accident, plaintiff had suffered no back problems other than occasional soreness and mild flare-ups of her arthritic condition. She actively participated in the family business activities which included a farming operation until 1979. Since that time, plaintiff has assisted in the commercial fishing business, loading fish and helping pull up fish nets while working in the boat. Plaintiffs also had approximately seventy pecan trees which they harvested on an annual basis and again, plaintiff was frequently involved in this activity. Because of the accident and her resulting disability, plaintiff has had to drastically curtail her physical activities. Her participation in the fishing and pecan operations has been considerably reduced and she is unable to perform some of her house cleaning work, which has made it necessary for her to seek the assistance of family and friends and sometimes hire someone to handle these chores. Additionally, plaintiff experiences severe discomfort while driving her automobile which often makes it necessary for her to pull over when driving distances of greater than thirty miles. This poses somewhat of a problem because plaintiff sometimes drove fish to market in Simmesport for her husband, which is well over thirty miles from plaintiff's home. As of the date of trial, plaintiff continued to experience back pain, as well as pain in her right leg and was still taking medication prescribed by Dr. Razza. In Sherlock v. Berry, 487 So.2d 555 (La.App.

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Bluebook (online)
525 So. 2d 125, 1988 La. App. LEXIS 705, 1988 WL 16521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-highlands-ins-co-lactapp-1988.