Nixon v. Pittsburgh Plate Glass Company

161 So. 2d 361
CourtLouisiana Court of Appeal
DecidedMay 4, 1964
Docket1069
StatusPublished
Cited by23 cases

This text of 161 So. 2d 361 (Nixon v. Pittsburgh Plate Glass Company) 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
Nixon v. Pittsburgh Plate Glass Company, 161 So. 2d 361 (La. Ct. App. 1964).

Opinion

161 So.2d 361 (1964)

Willard NIXON, Plaintiff and Appellee,
v.
PITTSBURGH PLATE GLASS COMPANY (formerly Columbia-Southern Chemical Corporation), Defendant and Appellant.

No. 1069.

Court of Appeal of Louisiana, Third Circuit.

March 4, 1964.
Rehearings Denied March 17, 1964.
Writ Refused May 4, 1964.

*362 Plauché & Stockwell, by Oliver P. Stockwell, Lake Charles, for defendant-appellant.

Brumfield, Turner & Cooper, by Robert E. Turner, Baton Rouge, for plaintiff-appellee.

Before TATE, SAVOY and HOOD, JJ.

HOOD, Judge.

In this workmen's compensation suit plaintiff contends that he sustained injury to one of his fingers during the course of his employment, that in administering first aid treatment to him for that injury a nurse employed by defendant gave him a tetanus toxoid booster shot in his left arm, and that as the result of a reaction to or nerve damage caused by that shot plaintiff has been totally disabled since that time. The suit was instituted originally against plaintiff's employer, Columbia-Southern Chemical Corporation, but later because of a merger of that company with Pittsburgh Plate Glass Company, the latter was substituted as the proper defendant. After trial, judgment was rendered by the trial court in favor of plaintiff for maximum compensation benefits based on total and permanent disability, but denying plaintiff's demands for penalties and attorney's fees. Defendant has appealed, and plaintiff has answered the appeal demanding that the judgment be amended by allowing penalties and attorney's fees.

The evidence establishes that the tetanus shot was given to plaintiff in his left arm on September 28, 1960, that a few days later his arm began swelling, his left forearm became flexed toward his shoulder, his left wrist and fingers were flexed and his left thumb was adducted. Despite almost continuous treatment the arm became more rigidly fixed in this flexed position, the muscles became flabby, and atrophy set in. Finally, about 18 months after the injury, a gangrenous condition developed in the arm and on April 25, 1962, the arm was amputated about two or three inches below the elbow. Plaintiff still has some limitation of motion in his left shoulder.

Defendant concedes that plaintiff is now totally disabled, within the meaning of the Workmen's Compensation Act. It contends, however, that the trial court erred in finding (1) that plaintiff sustained a compensable injury during the course of his employment, and (2) that plaintiff received a nerve injury to his left arm as the result of the tetanus shot which was administered to him by defendant's employee.

Plaintiff, a 39-year-old negro man with a relatively low level of intelligence, had been employed by defendant as a common laborer for a period of about three years prior to the date of the alleged accident. On the morning of September 28, 1960, while performing duties during the course of his employment, he stuck a sharp object in the tip end of his right ring finger, causing a small puncture wound in that finger. About 12:20 p. m. that day he reported this injury to Miss Elthie Babineaux, a nurse employed by defendant at its First Aid Station, whereupon the nurse had him soak his hand in hot Epsom salts water and she also at that time gave him a tetanus toxoid booster shot in his left upper arm. On the following morning plaintiff again reported to defendant's First Aid Station complaining of soreness in his finger, and Miss Babineaux then referred him to Dr. Harold B. Lovejoy, a general practitioner retained by defendant as its company physician. Dr. Lovejoy, upon examining plaintiff, found an infection in the finger, and he thereupon incised it for the purpose of draining the infection and he advised plaintiff to soak his finger periodically *363 at home and at work. Plaintiff reported to Miss Babineaux again that afternoon for the purpose of soaking his finger, as he had been instructed to do.

On the next day, September 30, 1960, plaintiff again reported to Miss Babineaux at defendant's First Aid Station, complaining of pain, swelling and tightness in his upper left arm in the anticubital area. The nurse then contacted Dr. Lovejoy, and at his suggestion Miss Babineaux immediately took plaintiff in her automobile to plaintiff's own family physician, Dr. Morris G. Edelstien.

Dr. Edelstien noted the swelling in plaintiff's left elbow at the time of plaintiff's first visit to him on September 30, 1960, and for that condition he prescribed drugs, heat treatment and rest. Three days later, on October 3, 1960, Dr. Edelstien found that plaintiff's left forearm was flexed toward his shoulder, his left wrist and fingers were flexed and his left thumb was adducted. He treated plaintiff for about 12 days, during which time he determined that plaintiff was able to move the joints of his left arm in about an 80 percent range of motion while under hypnosis, although he was not able to move them when not under a hypnotic trance. He referred plaintiff to an orthopedic surgeon and to a psychiatrist for further examinations, and he finally concluded that as of the date of his last examination, on October 11, 1960, "this was probably a hysterical reaction" or a "conversion hysteria."

On October 17, 1960, plaintiff consulted Dr. Donald R. Vesley, a general practitioner, who treated plaintiff from that time until sometime in July, 1963. On the first examination Dr. Vesley found that plaintiff's left arm was numb, swollen and painful, and that he had difficulty in extending the fingers of his left hand, in raising his left wrist and in extending his left elbow. He concluded that the tetanus shot administered to plaintiff had been given directly into the radial nerve in the left upper arm, and he began treating plaintiff on the basis of that diagnosis. The treatment consisted of numerous exercises and physiotherapy, injections of enzyme medications to reduce swelling and to decrease systemic reactions, and the wearing of splints. In spite of this treatment, however, plaintiff's arm continued to get worse until finally a gangrenous condition developed and plaintiff's left arm had to be amputated on April 25, 1962.

Dr. Vesley testified that in his opinion plaintiff had received the tetanus shot directly into or very close to the radial nerve of his left arm, or in such a manner that it could get to that nerve, and that this shot caused the radial nerve in that arm to degenerate and eventually to die. He explained that:

"* * * The radial nerve supplies the muscles that extend the fingers, that extend the wrist and extend the elbow. When these muscles are paralyzed with this type of a flaccid paralysis, the opposing muscles will contract and cause the, especially the hand, to go into a position of extreme contraction. The hand is very subject to a disuse type of immobilization which may become permanent. * * *
* * * * * *
"Well, lacking any other history or any other explanation, I assume that the shot was given in such a manner that it injured the nerve and caused this result, * * *."

While being treated by the physicians hereinabove named, plaintiff also was examined by other medical experts. On October 4, 1960, he was examined by Dr. Edward W. Phillips, Jr., an orthopedic surgeon. Although Dr. Phillips noted that plaintiff was unable to move his left arm and that he experienced no sensation to pin pricks from the shoulder to the fingertips of that arm, he reported to Dr. Edelstien that he could find no orthopedic difficulties involving either the muscles or nerves in plaintiff's arm. Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Succession of Mary Lou Thrasher
Louisiana Court of Appeal, 2018
Durham Pontiac-Cadillac-GMC Trucks, Inc. v. Phillips
572 So. 2d 1080 (Louisiana Court of Appeal, 1990)
Williams v. Liberty Mutual Insurance Company
327 So. 2d 462 (Louisiana Court of Appeal, 1976)
Chelette v. Travelers Insurance Co.
324 So. 2d 915 (Louisiana Court of Appeal, 1975)
Sam v. Kendrick
318 So. 2d 635 (Louisiana Court of Appeal, 1975)
Walton v. Town of Jena
284 So. 2d 632 (Louisiana Court of Appeal, 1973)
Barbay v. Fireman's Fund American Insurance Co.
275 So. 2d 492 (Louisiana Court of Appeal, 1973)
Miller v. Billups Petroleum Co.
261 So. 2d 241 (Louisiana Court of Appeal, 1972)
Chandler v. American & Foreign Insurance
257 So. 2d 825 (Louisiana Court of Appeal, 1972)
Adam v. Schultz
250 So. 2d 811 (Louisiana Court of Appeal, 1971)
Young v. All American Assurance Company
243 So. 2d 894 (Louisiana Court of Appeal, 1971)
Ardoin v. Houston Fire and Casualty Insurance Co.
235 So. 2d 426 (Louisiana Court of Appeal, 1970)
Morris v. Kaiser Aluminum & Chemical Co.
228 So. 2d 261 (Louisiana Court of Appeal, 1969)
Matthews v. All American Assurance Company
226 So. 2d 181 (Louisiana Court of Appeal, 1969)
Bourque v. Monte Christo Drilling Corporation
221 So. 2d 604 (Louisiana Court of Appeal, 1969)
Meche v. Maryland Casualty Company
204 So. 2d 719 (Louisiana Court of Appeal, 1968)
Mary v. H-Tide Realty, Inc.
202 So. 2d 457 (Louisiana Court of Appeal, 1967)
Wiewiarawska v. Checker Cab Co. of New Orleans
182 So. 2d 832 (Louisiana Court of Appeal, 1966)
Adams v. Home Indemnity Co.
180 So. 2d 51 (Louisiana Court of Appeal, 1965)
Duhon v. Pittsburg Plate Glass Co.
179 So. 2d 469 (Louisiana Court of Appeal, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
161 So. 2d 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nixon-v-pittsburgh-plate-glass-company-lactapp-1964.