Owens v. New Orleans Bldg. Maintenance, Inc.

349 So. 2d 494, 1977 La. App. LEXIS 4070
CourtLouisiana Court of Appeal
DecidedAugust 1, 1977
Docket8190
StatusPublished
Cited by8 cases

This text of 349 So. 2d 494 (Owens v. New Orleans Bldg. Maintenance, Inc.) 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
Owens v. New Orleans Bldg. Maintenance, Inc., 349 So. 2d 494, 1977 La. App. LEXIS 4070 (La. Ct. App. 1977).

Opinion

349 So.2d 494 (1977)

Mrs. Audrey OWENS
v.
NEW ORLEANS BUILDING MAINTENANCE, INC., et al.

No. 8190.

Court of Appeal of Louisiana, Fourth Circuit.

August 1, 1977.
Rehearing Denied September 8, 1977.

*496 Jones, Walker, Waechter, Poitevent, Carrere & Denegre (Patrick W. Browne, Jr. and Timothy T. Roniger, New Orleans), for defendants-appellants New Orleans Building Maintenance, Inc. and Lillian Johnson.

John J. McCann and Herman M. Schroeder, New Orleans, for plaintiff-appellee.

Before LEMMON, BOUTALL and SCHOTT, Judge.

SCHOTT, Judge.

Defendants, New Orleans Building Maintenance, Inc. (NOBM), and Lillian Johnson, have appealed from a judgment in favor of plaintiff for $228,020.13 and in favor of intervenor, Maryland Casualty Company, for $28,279.94, plus future compensation benefits payable to plaintiff. Plaintiff answered the appeal seeking an increase in general damages.

On May 31,1972, the 46 year old plaintiff was employed as a night auditor at the Royal Sonesta Hotel in New Orleans. At about 1:00 A.M. she had been working on the hotel's restaurant receipts in the front office and, when they would not balance, she took them to a larger rear office where she could spread out these receipts and check closely for the error in the figures. She sat down at a desk a few steps across the room from the door through which she had entered.

Defendant Johnson was an employee of NOBM, which provided janitorial and custodial service for the hotel. When plaintiff entered the back office Johnson had been mopping the floor which was made of tile, perhaps vinyl. She had completed mopping around the desk plaintiff used before plaintiff entered the room. At the time plaintiff seated herself the mopping continued to plaintiff's left in an aisle and then continued in back and to the right of plaintiff when the area around the door was mopped. Plaintiff found the error in the receipts for which she was searching, gathered them up, and as she had almost reached the door to return to the front office she slipped and fell in a seated position with her legs in a V shape, dropping the receipts on the floor. By this time Johnson had left the area around this door and had moved across the room to mop *497 around another door. Upon hitting the floor plaintiff felt pain immediately and experienced an involuntary bowel movement. She went to the restroom to clean herself and there became nauseated and vomited. Shortly thereafter she left work and went home. Later that morning, during business hours, she spoke to the hotel manager who instructed her to go to the Baptist Hospital for an examination. This hospital visit was the beginning of a long series of hospitalizations, medical treatment and surgery.

At the Baptist Hospital she complained of pain in the low back. The examiner found tenderness in the sacrum. X-rays of the area were negative and a preliminary diagnosis of lumbosacral strain was made.

On June 2 plaintiff was examined by Dr. Donald De Loach, a general surgeon. He diagnosed a lumbosacral contusion and prescribed muscle relaxant and heating pad.

On June 14 and 26 plaintiff was examined by Dr. James Corcoran, a general surgeon. She complained of headaches and pain in her coccygeal area. Dr. Corcoran found that her coccyx had been pushed forward from trauma and was tender. He recommended that plaintiff be seen by a neurologist for an evaluation.

Plaintiff went to Dr. Evan Howell, a neurologist, on July 25, but in the meantime sought emergency medical treatment at the East Jefferson Hospital on July 19, and Ochsner Foundation Hospital on July 24. On the July 19 visit to East Jefferson, the history taken from plaintiff was to the effect that she had fallen at work and fractured her tail bone and was having headaches since then. The examiner described the headache as a throbbing right post cervical and occipital headache. Medication was prescribed and there is a note on the hospital report by Dr. John D. Jackson to the effect that plaintiff had an appointment to see him on July 26.

The record of plaintiff's July 24 visit to Ochsner Foundation Hospital includes two physicians' report, containing the following pertinent items: She had been well until a fall at her office on May 31 and she suffered nausea, headaches and lumbosacral sprain since then. The day before this visit she fell down at her home striking her forehead and hematoma was found on her forehead. She had an appointment to see a neurologist on the following morning.

When Dr. Howell saw plaintiff on July 25 he took a history from plaintiff which included the following: Since the time of the injury she had severe throbbing headaches beginning in the back of her neck and radiating into the vertex region of her head. These were aggravated by walking. She also had occasional headaches consisting of severe sharp pain running from one temple to the other. She had experienced at least eight episodes where she got weak, staggered and lost consciousness. She complained of blurring vision. Dr. Howell conducted a full neurological examination and had X-rays taken. Because of the history she gave of the trauma, particularly the involuntarily bowel movement she had at the time, sphincter changes he found, and changes found on the X-rays, he recommended a myelogram. Plaintiff was hospitalized for this purpose on July 26 at East Jefferson Hospital. The myelogram indicated the possibility of disc disease in the lumbosacral spine and definite disc material extruding in the cervical spine. Cervical spondylolysis and a definite traumatic injury to the cervical spine were diagnosed and plaintiff was referred to Dr. Jackson, the neurosurgeon for continued treatment at the hospital.

Dr. Jackson recommended removal of the discs between C-4 and C-7. This was accomplished on August 7 by entrance into the neck from the front and the area was fused. On August 22 she was discharged, wearing a cervical collar which was to be worn from six to eight weeks. When Dr. Jackson next examined plaintiff on October 2 she was still having pain in the neck and shoulders and was told to continue with the cervical collar. From the myelogram Dr. Jackson was also convinced of the necessity for surgery on plaintiff's lumbosacral spine but preferred to postpone this until plaintiff recovered from the cervical surgery.

*498 On March 18, 1973, Dr. Jackson again admitted plaintiff to East Jefferson Hospital for a laminectomy. Parts of the discs between L-4 and S-1 were removed. She was discharged from the hospital on April 1.

Thereafter, plaintiff continued to suffer pain in the right buttocks and right lower extremity, necessitating frequent prescriptions for drugs. She became depressed, leading Dr. Jackson to refer her to a psychiatrist. Her continued pain in the lumbar spine led Dr. Jackson to recommend a rhizodomy which involved the placing of needles into the joints and the destruction of the spine nerves going to the joints. This was accomplished at Lakeside Hospital on March 13, 1974, in the area between L-3 and S-1, and she was discharged from the hospital on March 16. Because of plaintiff's complaints of pain, Dr. Jackson referred her to Dr. Courtney Russo, an orthopedic surgeon.

Dr. Russo examined plaintiff on April 10 and diagnosed a ruptured intervertebral disc. He recommended a "radical" procedure which would include a fusion and would require plaintiff to be placed in a body cast extending from the breast to the knees for about three months.

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

Related

Kelley v. Price-Macemon, Inc.
992 F.2d 1408 (Fifth Circuit, 1993)
State ex rel. M.
448 So. 2d 1335 (Louisiana Court of Appeal, 1984)
Mathews v. Elder Intern.
400 So. 2d 251 (Louisiana Court of Appeal, 1981)
Sevin v. Shape Spa for Health & Beauty Inc.
384 So. 2d 1011 (Louisiana Court of Appeal, 1980)
Kane v. Braquet
368 So. 2d 1176 (Louisiana Court of Appeal, 1979)
City of New Orleans v. Owen
355 So. 2d 1297 (Supreme Court of Louisiana, 1978)
McNulty v. D & G Maintenance Corp.
352 So. 2d 337 (Louisiana Court of Appeal, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
349 So. 2d 494, 1977 La. App. LEXIS 4070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-new-orleans-bldg-maintenance-inc-lactapp-1977.