Poland v. State Farm Mut. Auto. Ins. Co.

885 So. 2d 1144, 2003 WL 23575316
CourtLouisiana Court of Appeal
DecidedJune 25, 2003
Docket2003 CA 1417
StatusPublished
Cited by8 cases

This text of 885 So. 2d 1144 (Poland v. State Farm Mut. Auto. 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
Poland v. State Farm Mut. Auto. Ins. Co., 885 So. 2d 1144, 2003 WL 23575316 (La. Ct. App. 2003).

Opinion

885 So.2d 1144 (2003)

Julia POLAND
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Crystal Lambert

No. 2003 CA 1417.

Court of Appeal of Louisiana, First Circuit.

June 25, 2003.

*1145 Randolph C. Slone, Slidell, Counsel for Plaintiff/Appellant Julia Poland.

William C. Lozes, Covington, Counsel for Defendants/Appellees State Farm Insurance and Crystal Lambert.

Before: WHIPPLE, KUHN, and McDONALD, JJ.

McDONALD, J.

Following a bench trial, the district court rendered judgment finding defendant 100% at fault in causing an automobile accident, but dismissed plaintiff's claims with prejudice, finding that the auto accident did not cause injuries for which plaintiff was seeking compensation. Plaintiff appealed the finding of lack of causation, and defendant answered the appeal, asserting that the trial court erred in finding that she was 100% at fault. For the following reasons, we affirm in part and reverse in part.

FACTS AND PROCEDURAL BACKGROUND

On November 11, 2000, State Farm's insured, Crystal Lambert (Lambert), entered Louisiana Highway 433 from the parking lot of a Wendy's restaurant and began traveling in an easterly direction. She maneuvered her vehicle across the two eastbound lanes of travel and into the left turn lane, where she intended to turn into the westbound lane of Highway 433 to head toward the interstate. At the same time, Julia Poland (Poland) was traveling eastbound on Highway 433 and struck the *1146 vehicle driven by Lambert. Both vehicles sustained damage in the collision, and both drivers denied injury at the time. Police investigating the accident issued a traffic citation for failure to yield from a private drive to Lambert, which she subsequently paid.

In late March 2001, Poland sought medical treatment with Dr. Carlos Nine for severe right shoulder pain. Dr. Nine reported a tentative diagnosis of cervical radiculopathy and rotator cuff tear in right shoulder, and ordered x-rays of the cervical spine and right shoulder. He prescribed Vioxx for the shoulder pain and referred Poland to the Tulane Orthopedic Clinic for the neck pain. Dr. James Butler evaluated Poland at the Tulane Orthopedic Clinic in May 2001. The initial examination revealed objective symptoms of limited range of motion and spasm, as well as subjective complaints of pain in the neck and right shoulder. Dr. Butler's diagnosis was preexisting cervical degenerative disc disease for which he recommended physical therapy. Poland had physical therapy from late May until late July 2001, at which time her range of motion had increased and her complaints of pain had decreased. She was still complaining of some pain in the neck, and reported that the exercises in physical therapy increased the pain. Dr. Butler recommended discontinuing physical therapy, following a home exercise program, and epidural injections for the pain. Poland declined to have the injections at that time.

In June 2002, Poland began experiencing pain in her hip and again consulted Dr. Nine. At the consultation, Dr. Nine asked how her neck was and Poland advised that it was still hurting. Nine treated the hip pain and referred Poland to Dr. Jeffrey Oppenheimer to get a second opinion as to the problem with her neck. Dr. Oppenheimer evaluated Poland in August 2002 and recommended cervical epidural steroid injections to treat her neck pain, for which he referred her to Dr. Christopher Lew. Dr. Lew administered the injections at the Surgery Suite in September and October 2002.

The injections eliminated the pain temporarily. When the pain returned, Poland went back to Dr. Oppenheimer. Dr. Oppenheimer advised Poland that she could undergo a cervical discogram to determine if she was a candidate for surgery. However, Poland was very opposed to surgery and advised that she would rather just live with the condition. She had been taking Aleve and otherwise managing to deal with the intermittent discomfort/pain since the accident and did not want to have surgery.

At trial Poland testified that her general health was good and prior to the accident in November 2000 she had not had any problems with her neck. She had consulted a chiropractor approximately 20 years before for low back pain, but had no problems with her back after that. In 1992 she experienced spontaneous onset of severe back pain for which she sought treatment at the Slidell Memorial Hospital emergency room. The back pain was subsequently determined to be caused by shingles, a viral infection. Poland said that she was not in pain on the day of the trial and that she had "good days and bad days." She takes Aleve for the pain if she cannot eliminate it by other means. Other than being bothered if she drives for extended periods, or has a heavy load to carry, she did not note any limitation on her activities.

The depositions of Drs. Butler and Oppenheimer were introduced at trial, as well as all of Poland's medical records, including those of Dr. Nine. Dr. Nine did not testify at trial. Poland called three witnesses that testified to corroborate her claims of neck pain beginning very soon after the accident, and the lack of prior *1147 complaints of neck pain. At the conclusion of the trial, the court took the matter under advisement and allowed the parties to submit post trial briefs if they chose to. On February 3, 2003, the court issued Reasons for Judgment finding that the sole cause of the accident was the negligence of Crystal Lambert, but that Ms. Poland's neck problems were not caused by the accident. Subsequently, judgment was signed dismissing Poland's claims with prejudice and assigning all costs to her.

Poland timely filed a devolutive appeal, asserting that the trial court's determination that her neck injuries were not caused by the accident was manifestly erroneous and contrary to the overwhelming weight of both medical and lay evidence. State Farm/Lambert filed an answer to the appeal, concurring with the trial court's judgment dismissing Poland's claims, but asserting that the trial court's finding that the sole cause of the accident was the negligence of Crystal Lambert was manifestly erroneous. Appellees contend that the testimony and evidence presented at trial clearly prove comparative negligence on the part of the plaintiff in causing the accident.

LAW AND ANALYSIS

In a personal injury suit, plaintiff bears the burden of proving a causal relationship between the injury sustained and the accident, which caused the injury. Plaintiff must prove causation by a preponderance of the evidence. The test for determining the causal relationship between the accident and subsequent injury is whether the plaintiff proved through medical testimony that it is more probable than not that the subsequent injuries were caused by the accident. Yohn v. Brandon, XXXX-XXXX, p. 7 (La.App. 1 Cir. 9/27/2002), 835 So.2d 580, 584, writ denied, 2002-2592 (La.12/13/02), 831 So.2d 989, and cases cited therein. Whether an accident caused a person's injuries is a question of fact which should not be reversed on appeal absent manifest error. Mart v. Hill, 505 So.2d 1120, 1127-1128 (La.1987). A court of appeal may not set aside a trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." The issue to be resolved by a reviewing court is not whether the trier of fact was right or wrong, but whether the fact finder's conclusion was a reasonable one in light of the record reviewed in its entirety. See Stobart v. State Department of Transportation and Development, 617 So.2d 880, 882 (La.1993).

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Bluebook (online)
885 So. 2d 1144, 2003 WL 23575316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poland-v-state-farm-mut-auto-ins-co-lactapp-2003.