Mosley-Haggerty v. Allstate Insurance Co.

115 So. 3d 1249, 12 La.App. 3 Cir. 1441, 2013 WL 3014004, 2013 La. App. LEXIS 1214
CourtLouisiana Court of Appeal
DecidedJune 19, 2013
DocketNo. 12-1441
StatusPublished

This text of 115 So. 3d 1249 (Mosley-Haggerty v. Allstate Insurance 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
Mosley-Haggerty v. Allstate Insurance Co., 115 So. 3d 1249, 12 La.App. 3 Cir. 1441, 2013 WL 3014004, 2013 La. App. LEXIS 1214 (La. Ct. App. 2013).

Opinion

COOKS, Judge.

|aIn this case, Plaintiff, Marilyn Mosley-Haggerty, appeals as inadequate the trial court’s award of damages for injuries she sustained as a result of an automobile accident. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On May 22, 2009, Plaintiff was driving her Toyota Highlander in a southerly direction on Ambassador Caffery Parkway in Lafayette. At the area in question, there was ongoing construction which necessitated that all traffic proceeding southward merge into one lane. Mary Grace Breaux, who was driving her Dodge Ram truck, allowed Plaintiff to merge in front of her. Shortly after doing so, Ms. Breaux rear-ended Plaintiff. Ms. Breaux was solely at fault in causing the accident; and Allstate Insurance Company, her insurer, paid Plaintiffs property damage claim.

Neither party was taken to the hospital immediately after the accident. Plaintiff alleged she suffered soreness and pain shortly after the accident, with radiating pain down her arm, leg and back of her head. She stated she began having headaches and the pain intensified in the days following the accident. Plaintiff testified her symptoms continued for seven to eight months after the accident.

Plaintiff was seen by Dr. Brad Grizzaffi, a chiropractor, who had treated her since 2006. Dr. Grizzaffi testified Plaintiff suffered an exacerbation of a chronic neck condition which he attributed to the May 22, 2009 automobile accident.

Plaintiff filed a personal injury suit against Ms. Breaux and Allstate. As liability had been admitted by Defendants, the only issue at trial was the amount of damages due. After a bench trial on the merits, the trial court rendered judgment awarding Plaintiff $5,000.00 in general damages and $6,054.00 in medical |sexpenses. The trial court issued reasons for ruling, which set forth the basis for its ruling:

Ms. Haggerty was treated only by her chiropractor, Dr. Brad Grizzaffi. She was first seen by him following the acci[1251]*1251dent on May 25, 2009. (It is unclear whether this was a previously scheduled visit or whether this visit was necessitated by the accident.) Dr. Grizzaffi’s deposition was admitted at trial in lieu of his live testimony. In his deposition, he diagnosed Ms. Haggerty with an exacerbation of a chronic neck condition which he relates to the May 22, 2009 automobile accident. Dr. Grizzaffi first treated Ms. Haggerty in 2006 for two months and had been treating her on a regular basis since May 2008, for symptoms similar to those she suffered following this accident.
Plaintiff and Defendant each submitted medical records from Dr. Grizzaffi regarding Ms. Haggerty’s treatment. It causes this Court great concern that these records give conflicting information regarding Ms. Haggerty’s condition following this accident.
The records submitted by the Defendants as Exhibit D2 date back to May 2008. These records indicate that Ms. Haggerty was treated by Dr. Grizzaffi on 71 occasions from May to December 2008; and on 35 occasions from January 2009 to May 18, 2009. The records from May 18, 2009 (four days prior to the accident) state that Ms. Haggerty is scheduled for recurring visits on a weekly basis. The records on May 18, 2009, indicate the following:
SUBJECTIVE COMPLAINTS:
The patient complained of minimal neck pain. This is mildly improved over her last visit. Marilyn also reported minimal upper back pain, minimal pain in the right upper arm, very mild neck pain on the right and minimal low back pain. The upper back pain is unchanged from the last visit, the pain in the right upper arm is a slight worsening of the condition since the last visit, the neck pain on the right is mildly improved over her last visit and the low back pain is unchanged from the last visit.
The records presented by the Defendant from the visit on May 25, 2009 indicate the following:
SUBJECTIVE COMPLAINTS:
The patient reported minimal neck pain and minimal upper back pain. The neck pain is no different than the last visit and the upper back pain is unchanged from the last visit. The patient also related symptoms of minimal pain in the right upper arm; no different from the last visit. Marilyn also described symptoms of minimal neck pain on the right and minimal low back pain. The neck pain on the right is a little worse since 14her previous visit and the low back pain is no different unchanged from the last visit.
The Defendants’ records from Dr. Grizzaffi are in direct contrast to those records presented by the Plaintiff. The Plaintiffs records from Dr. Grizzaffi begin on May 25, 2009, with a “new patient examination”, which provides:
NEW PATIENT EXAM FINDING FROM May 25, 2009:
The patient complained of moderately severe intermittent headaches at the back of the head and minimal restricted lower back motion on the right side. The patient complained of severe neck stiffness on both sides and severe neck pain on the right. The patient also reported symptoms of very severe stiffness of upper back bilaterally and severe mid back stiffness bilaterally. Marilyn also described symptoms of severe pain in upper back on the right, severe right upper arm pain, acute restricted motion of right shoulder and acute right shoulder pain. This patient described symptoms of acute shoulder soreness and [1252]*1252mild lower back muscle spasms on both sides. Marilyn also reported moderate lower back tenderness on the right side. The patient also expressed indications of moderate pain in the right leg.
The Plaintiffs records further state, “It should be noted that her condition was stable prior to the accident on May 22, 2009. However, since the accident there is a noted exacerbation of her prior symptoms as well as new conditions that have developed.” There is no mention of the accident in Defendant’s records which simply provide, “The patient’s condition is responding satisfactorily.” The plaintiff submitted bills from Dr. Grizzaffi for eight months of treatment in the amount of $12,108.00.
The defendant, Ms. Breaux, admits to causing this accident, thus, liability is not at issue. Dr. Grizzaffi related Ms. Haggerty’s complaints to this accident and testified that her symptoms were exacerbated by the accident. However, with regard to the extent of damages, the conflicting information in the two sets of medical records casts a cloud on the evidence presented. If this Court is to believe the records submitted by the Defendants, Ms. Haggerty’s complaints were no different on the visit following the accident than on those prior to the accident. If this Court is to believe the records submitted by the Plaintiffs, Ms. Haggerty’s condition significantly worsened immediately following this accident.
This Court historically has never decided damages based on the severity of physical damage to vehicles. However, in this case, taking into account the conflicting medicals and the prior treatment to the plaintiff, this Court feels compelled to reduce plaintiffs claims. Unfortunately, the chiropractor was not present in court to explain the discrepancy of the reports for the May 25, 2009 visit and the significance of the similarities of complaints before the accident and the seven months thereafter.

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Bluebook (online)
115 So. 3d 1249, 12 La.App. 3 Cir. 1441, 2013 WL 3014004, 2013 La. App. LEXIS 1214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosley-haggerty-v-allstate-insurance-co-lactapp-2013.