Ploger v. Reese

819 So. 2d 1114, 2001 La.App. 4 Cir. 2243
CourtLouisiana Court of Appeal
DecidedMay 22, 2002
Docket2001-CA-2243
StatusPublished
Cited by7 cases

This text of 819 So. 2d 1114 (Ploger v. Reese) 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
Ploger v. Reese, 819 So. 2d 1114, 2001 La.App. 4 Cir. 2243 (La. Ct. App. 2002).

Opinion

819 So.2d 1114 (2002)

Jeanette C. PLOGER, Wife of/and Dr. Wilmot Ploger
v.
William D. REESE and Allstate Insurance Company.

No. 2001-CA-2243.

Court of Appeal of Louisiana, Fourth Circuit.

May 22, 2002.

*1115 Lawrence D. Wiedemann, Wiedemann & Wiedemann, New Orleans, LA, for Plaintiff/Appellee.

Coleman T. Organ, Law Offices of Harold G. Toscano, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge MIRIAM G. WALTZER and Judge DENNIS R. BAGNERIS, SR.).

MIRIAM G. WALTZER, Judge.

STATEMENT OF THE CASE

On 1 May 2000, Jeanette C. Ploger and her husband, Dr. Wilmot Ploger sued William D. Reese and his insurer, Allstate Insurance Company, for damages allegedly sustained on 7 May 1999 as a result of the collision between a 1979 Pontiac driven by Mr. Reese and a 1997 Mercedes driven by Mrs. Ploger. According to the petition, Mr. Reese suddenly and without warning made a left hand turn whereupon his car struck the Mercedes violently on the left side.

Mrs. Ploger claimed injury to her back, a cerebral concussion, multiple contusions and abrasions and injuries to both her knees, and sought damages for pain and suffering, medical expenses, loss of earning capacity, loss of physical function, disfigurement and loss of ability to enjoy life. Her husband sought damages for loss of *1116 consortium, services and spousal community.

Allstate answered, generally denying the allegations contained in the petition and claiming that Mrs. Ploger was at fault. Allstate asked for trial by jury. An unsigned jury order filed 12 June 2000 appears in the record.

On 13 June 2001, the matter was tried to the trial judge, who rendered judgment for plaintiffs on 13 September 2001. The court awarded Mrs. Ploger general damages in the amount of $40,000; medical expenses in the amount of $1,635 and lost wages in the amount of $2,000. It awarded Dr. Ploger $5,000 for loss of consortium. The award was made subject to the non-jury stipulation of value under $50,000.

Allstate and Reese appeal from the judgment. We affirm.

STATEMENT OF FACTS

Defendants stipulated to Mr. Reese's fault and liability for the accident, and that plaintiffs' damages do not exceed $50,000 exclusive of interest and costs, while reserving their right to litigate the issues of causation and damages. Allstate stipulated to insurance coverage in the amount of up to $500,000.

Mrs. Ploger testified that she is sixty years old, a licensed but not practicing registered nurse, married for thirty-seven years to her husband, an orthopedic surgeon, with three adult daughters. She testified to a total estimate of vehicular damage in the amount of $6,774.55, which had been paid by Allstate.

She testified that following the accident, she began to feel pain in her left hip and left knee and neck pain shooting across her shoulders later in the afternoon. Prior to the accident, in 1983, she had had a cervical fusion but was pain free prior to the accident, although she did experience some stiffness in her neck. In 1998, she underwent surgeries by Dr. Robert Shackleton for the removal of the synovioma linings in her left and right knees. She had no symptoms following the knee surgeries, although she admitted on cross-examination that she had been diagnosed prior to the accident with osteoarthritis of both knees. She testified that after these surgeries, but prior to the accident, she was able to travel and do the things she wanted to. She testified that by 1999, she "felt great" and was on her way to total recovery.

In the accident, her left knee hit the steering column, resulting in numbness for about six months. Several days after the accident, she consulted Dr. Shackleton and began taking Advil, daily dosage of Celebrex, and, on occasion, Loritab for pain. He sent her to physical therapy for her neck, shoulders, back and legs. There were a total of nine visits to the physical therapist from 11 May 1999 through 23 July 1999. Because of continuing pain in her neck, shoulders, hip and knee, Mrs. Ploger had two additional therapy sessions from 1 October 1999 to 15 October 1999.

Mrs. Ploger testified that for seventeen years prior to the accident she worked part-time as a tour guide, freelance and for USA Host, giving walking tours of the French Quarter and coach tours of nearby swamps and plantations. She worked at the airport with incoming groups, working long hours. She was unable to do so while undergoing physical therapy. Furthermore, following the accident, she was unable to stand for long periods of time or to work long hours as she had done previously. She testified to problems getting on and off the tour busses, negotiating stairs, and with lack of stamina. Following the accident, she was able to work only half the hours she had worked previously, chiefly taking desk jobs and swamp tours where she was able to sit. She was unable to take walking tours or any job that required *1117 climbing steps. She testified to a pre-accident annual income from her part-time job of between $5,000 and $7,000. She presented tax forms from USA Host in the amounts of $2,248 for the year 2000, and of $3,377.75 for 1999. There was no economic reason for the reduction in her income for those years.

Mrs. Ploger testified that her injury caused her to be unable to take care of her four grandchildren in the way she had prior to the accident. Lifting the children hurts her, putting extra strain on her neck and shoulders, and she testified that when she is unable to pick up the children, they sit on the floor and cry. As a result, she does not see or care for the grandchildren as often as she did prior to the accident. She can no longer climb ladders or clean windows in her home and does not have the stamina to work around the house as she once did. Dr. Ploger has had to take over many chores, including washing dishes and some cooking.

According to Mrs. Ploger, when she rises in the morning she is very stiff and it takes her awhile to move. She cannot sit for prolonged periods of time without hurting her hip, and she has problems with her left hip when traveling or riding in a car. She is no longer able to continue her pre-accident practice of walking three miles each day. On cross-examination, she admitted that since the accident, she has traveled in discomfort on mostly pre-planned trips to Eastern Europe, France, Egypt and Russia.

Prior to the accident, she and Dr. Ploger traveled quite a bit but she now is unable to sit for prolonged periods and cannot walk as much as they used to. She has curtailed travel plans as a result of the injury. She testified to being emotionally frustrated with the effects of the accident, particularly since she had recovered from the previous neck and knee surgeries by 1999. She described her disposition following the accident as irritable and not as even-tempered as before. She is unable to sleep at night, and this also causes her husband to remain awake. She testified that prior to the accident, she and Dr. Ploger had normal sexual relations; however, her hip and knee pain have taken away her desire to have such relations. Although she loves to dance, she cannot do so now without hip pain.

Mrs. Ploger testified that she was unable to continue her anti-inflammatory medication because of gastro intestinal problems that began in April while she was taking Celebrex for her pain. She has engaged a private trainer at Elmwood Fitness Center to work on strengthening her neck, hip and knee muscles.

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

Related

McCloskey v. Higman Barge Lines, Inc.
269 So. 3d 1173 (Louisiana Court of Appeal, 2019)
Groover v. Lafitte's Boudoir, Inc.
162 So. 3d 1184 (Louisiana Court of Appeal, 2015)
Harrington v. Wilson
8 So. 3d 30 (Louisiana Court of Appeal, 2009)
Edwards v. Pierre
994 So. 2d 648 (Louisiana Court of Appeal, 2008)
Pertuit v. State Farm Ins. Co.
877 So. 2d 1101 (Louisiana Court of Appeal, 2004)
Rayborn v. Diamond Offshore Co.
832 So. 2d 1052 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
819 So. 2d 1114, 2001 La.App. 4 Cir. 2243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ploger-v-reese-lactapp-2002.