Quinones v. US Fidelity and Guaranty Co.

630 So. 2d 1303, 1994 WL 17228
CourtSupreme Court of Louisiana
DecidedJanuary 14, 1994
Docket93-C-1648
StatusPublished
Cited by73 cases

This text of 630 So. 2d 1303 (Quinones v. US Fidelity and Guaranty Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quinones v. US Fidelity and Guaranty Co., 630 So. 2d 1303, 1994 WL 17228 (La. 1994).

Opinion

630 So.2d 1303 (1994)

Mariano P. QUINONES
v.
UNITED STATES FIDELITY AND GUARANTY COMPANY and Harmony Construction Company, Inc.

No. 93-C-1648.

Supreme Court of Louisiana.

January 14, 1994.
Rehearing Denied February 10, 1994.

*1304 Daniel E. Becnel, Jr., Becnel, Landry & Landry, Reserve, for applicant.

Michael S. Weinberg, Richard L. Edrington, Accardo, Edrington & Golden, La Place, for respondents.

HALL, Justice.[*]

Writs were granted to review a judgment of the court of appeal which reversed a judgment of the district court awarding worker's compensation death benefits. 617 So.2d 124. The primary factual issue is whether the decedent's death was causally related to his on-the-job injury. Finding that the court of appeal correctly determined under the appropriate standard of appellate review that the trial court judgment was clearly wrong, we affirm.

I.

On September 4, 1985, the original plaintiff in this case, Mariano Quinones, suffered an on-the-job injury when a large board fell from a scaffold and struck his left leg. The impact caused severe injuries to his left foot, and he began collecting worker's compensation benefits. The leg never healed properly, *1305 despite an attempt at a skin graft that in itself was largely unsuccessful. As he never returned to work, Quinones received weekly compensation benefits and all of his accident-related medical expenses were defrayed until his death.

On May 6, 1987, Quinones was admitted to the East Jefferson Hospital after a visit to the emergency room. According to his wife and a neighbor, his foot was "black", and was incapable of movement. He died the next day, with the cause of death being listed as adult respiratory distress syndrome as a result of cirrhosis of the liver.

Quinones' wife, Rita, was thereafter substituted as plaintiff in a suit against Quinones' former employer, Harmony Construction Company, Inc., and its worker's compensation insurance carrier, United States Fidelity and Guaranty Company ("U.S.F. & G."). Mrs. Quinones sued for worker's compensation benefits (including funeral and death benefits) and for expenses and attorney fees incurred in her efforts to recover these benefits. The parties eventually agreed to submit the matter on the basis of three depositions and the decedent's medical records. The trial judge accepted this arrangement.

The depositions in question were from two lay persons and one medical expert. One of the depositions was from the decedent's wife and plaintiff in this action. Mrs. Quinones testified that decedent's foot was "dead" at the time of the trip to the emergency room. She also testified that decedent took at least two prescription strength Tylenol tablets for his pain each day. Mrs. Quinones disputed information in a 1982 Charity Hospital emergency room report that stated decedent had been treated for alcoholism. Deponent further disputed an October, 1985 patient history prepared by River Parishes Medical Center that recorded decedent as consuming two to three fifths of vodka per week for the fifteen years prior to the accident. Mrs. Quinones testified that decedent consumed no more than one to three drinks of rum per night.

The other lay testimony came from Betty Roy, a neighbor and close friend of the Quinones family at the time of Mr. Quinones' death. Her testimony consisted of observations that decedent was as "healthy as a horse" prior to the accident, and that, after the accident, decedent's condition steadily worsened. Ms. Roy stated that the swelling and blackness in his foot eventually travelled up to his knee, and that decedent had a "hole" that went to the bone. Ms. Roy testified that she was the one who took the decedent to the hospital on the day before he died, and, while at the hospital, observed "black" blood being pumped from decedent's body prior to his death.

The third deposition came from the only medical expert to testify, a Dr. Steve Nelson, an expert in internal medicine, pulmonary medicine, and critical care. Dr. Nelson reviewed the decedent's hospital records that were made at the time of his last illness, and concluded that these records indicated that the decedent suffered from alcohol-induced cirrhosis of the liver that both caused internal bleeding and prevented the blood from coagulating. This underlying disease eventually led to Mr. Quinones' lungs developing a "filling defect" that culminated in his death from adult respiratory distress syndrome. The medical records showed that Mr. Quinones was admitted with complaints of vomiting blood for several days and feeling "weak". The records also showed indications of blood in the stool, and a markedly decreased blood count. The medical records also indicated that his blood was high in certain chemicals that were usually cleared by the liver, and low in coagulants that were usually produced by the liver. Finally, the records showed that there were dilated veins in the esophagus and that there were blood clots in the stomach, maladies that, in Dr. Nelson's opinion, were quite common in patients with alcohol-induced cirrhosis of the liver. The records also noted Mr. Quinones' previous leg injury and skin graft, but noted no infection or abnormality.

Dr. Nelson did note that Mr. Quinones was suffering from some form of infection and was septic, but nowhere in the records could he find evidence of where the infection was located. Further, no infection at the site of the leg injury was noted by any of the treating physicians, including the physician who performed the autopsy. Dr. Nelson opined *1306 that, although it was possible to develop an infection in a skin graft years after the graft, it was also possible that the infection was located in the decedent's upper airway or sinuses.

During cross-examination, Dr. Nelson did admit that Tylenol, in conjunction with Vitamin C, could cause cirrhosis of the liver similar to the decedent's, but was quick to point out that this phenomenon would require massive doses far in excess of what the decedent took for his pain. Dr. Nelson's final summation was that Mr. Quinones' death in 1987 was completely unrelated to his 1985 on-the-job injury.

The trial court took the matter under advisement, and rendered judgment in favor of plaintiff. The lower court had some difficulty in accepting the testimony of Dr. Nelson, as he was not the treating physician. Further, the trial court noted that Dr. Nelson did agree with plaintiff in that many factors, including the injury with its resultant infections and medications, contributed to the defendant's demise. The trial court also noted that autopsy slides that would have been definitive on the issue of alcoholism were not in the record. All of this uncertainty created an atmosphere where reasonable minds could differ as to the cause of death, and, in this case, the trial court's conclusion as to the cause of death differed from that of Dr. Nelson. Judgment was rendered, awarding death benefits, funeral expenses, medical expenses, and assessing penalties and attorney fees to U.S.F. & G. for its failure to pay same.

Defendant appealed, and the judgment was reversed. Quinones v. U.S. Fidelity and Guaranty Co., et al., 617 So.2d 124 (La.App. 5th Cir.1993). The court of appeal, citing Hammond v. Fidelity & Cas. Co. of New York, 419 So.2d 829 (La.1982), noted that the plaintiff in a death benefits case bears the burden of proving, by a reasonable preponderance of the evidence, that a causal relationship existed between the employment accident and the death.

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Bluebook (online)
630 So. 2d 1303, 1994 WL 17228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinones-v-us-fidelity-and-guaranty-co-la-1994.