Revel v. Snow

664 So. 2d 655, 1995 WL 640702
CourtLouisiana Court of Appeal
DecidedNovember 2, 1995
Docket95-462
StatusPublished
Cited by27 cases

This text of 664 So. 2d 655 (Revel v. Snow) 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
Revel v. Snow, 664 So. 2d 655, 1995 WL 640702 (La. Ct. App. 1995).

Opinion

664 So.2d 655 (1995)

Marie REVEL, Plaintiff-Appellant,
v.
Bruce C. SNOW, et al., Defendants-Appellees.

No. 95-462.

Court of Appeal of Louisiana, Third Circuit.

November 2, 1995.
Writ Denied February 2, 1996.

*656 Terry Eli Theriot, for Marie Revel.

Alex Andrew Lopresto III, Preston D. Cloyd, Ricky Lafleur, for State Farm Mutual Auto Ins. Co.

*657 Before DOUCET, C.J., and AMY and SULLIVAN, JJ.

AMY, Judge.

This is an appeal by Marie Revel from a verdict in a jury trial. The parties stipulated as to liability. The jury awarded appellant the following damages: (1) $15,000 for past, present, and future pain and suffering, (2) $5,000 for loss of enjoyment of life, and (3) $5,000 for past medical expenses. The past medical expenses were subject to a credit of $10,000.00 previously paid by State Farm Mutual Automobile Insurance Co.

Appellant makes the following assignments of error: (1) that the trial court awarded inadequate damages for pain and suffering, mental anguish and distress, emotional distress, loss of enjoyment of life, past, present and future, past and future medical expenses, and loss of past income, and (2) that the trial court erred in failing to grant a J.N.O.V. on the issue of quantum. For the reasons which follow, we affirm the award of general damages and affirm the award of special damages with the exception of past medical expenses, which we amend and affirm as amended.

FACTS

On October 7, 1991, Marie Revel was a passenger in an automobile being driven south on Highway 167. A car driven by Heather Snow, the minor daughter of Bruce Snow, made an improper left turn in front of the car in which appellant was a passenger. A collision ensued. Ms. Revel was transported by ambulance to the emergency room at Lafayette General Medical Center. She arrived complaining of soreness in her neck, lower back and knees. An examination by the emergency room physician, Dr. Charles Pearson, revealed acute cervical muscular strain, lumbosacral strain, and an abrasion over her right knee. The doctor was of the opinion that the accident was the cause of the pain and these injuries.

On October 10, 1991, Ms. Revel was examined by Dr. William Smith, an orthopedic surgeon. She was complaining of pain and stiffness in her neck, lower back, right wrist and right knee. Dr. Smith examined Ms. Revel's neck, wrist and knee. He deferred to Dr. John Clifford, a neurosurgeon, with regard to her lower back complaints since Dr. Clifford had performed two previous lumbar surgeries on Ms. Revel. Dr. Smith diagnosed Ms. Revel as having a moderate cervical sprain superimposed on mild degenerative arthritis of the cervical spine with no neurological involvement. He also was of the opinion that she suffered from a sprain or soft tissue injury of the neck, a sprain of the flexor ulnaris tendon in the right wrist, and an area of contusion and abrasion with probable post-traumatic chondromalacia of the right knee. Dr. Smith opined that these problems were caused by the accident because he had no reason to believe otherwise.

Ms. Revel saw Dr. Clifford on October 18, 1991, complaining of pain in her lower back. Based upon an examination, an MRI of the lumbar spine, and Ms. Revel's complaints, Dr. Clifford opined that Ms. Revel suffered from a soft tissue injury superimposed on the incompletely healed lower back. Her lower back was incompletely healed due to two previous surgeries on the lumbar spine, for which Ms. Revel had still complained of pain after the two surgeries but before the accident. Dr. Clifford had assigned a 20% disability to the body as a whole because of these two previous surgeries. Dr. Clifford believed that the accident caused the cervical strain diagnosed by Dr. Smith and also caused the aggravation of her previous back condition, namely the incompletely healed lumbar area.

Ms. Revel also saw Dr. Laxman Kewalramani, a specialist in physical medicine and rehabilitation and pain management. His original diagnosis was cervical and lumbar muscular ligamentous pain syndrome. He believed the accident caused the problems with the cervical spine and aggravated a pre-existing condition in the lumbar spine. After continued complaints of pain, Dr. Kewalramani ordered a facet arthrography to be performed by Dr. Charles Aprill, a radiologist.

Dr. Aprill performed the facet arthrogram which, in his opinion, revealed a facet joint problem in the cervical spine, primarily at C2-3 and secondarily at C5-6 and 6-7. He testified that an MRI is totally insensitive to *658 facet joint pathology. Dr. Aprill also testified that it was reasonable to believe that these problems were caused by the accident of October 7, 1991, assuming Ms. Revel had no prior neck problems. Dr. Kewalramani testified that it is possible that Ms. Revel had degeneration in the facet joints which was aggravated by the accident. Based upon the above test results, Ms. Revel was referred to Dr. Kenneth Vogel, a neurosurgeon.

Dr. Vogel initially examined Ms. Revel on February 9, 1993. He diagnosed Ms. Revel as having cervical facet arthropathy and chronic lumbar strain superimposed on the previous lumbar injury and surgeries. Based upon this diagnosis, Dr. Vogel performed a surgical procedure on Ms. Revel known as a cervical neurotomy.

Soon after the surgery and Ms. Revel's release from the hospital, she returned due to complaints of coughing, fever and chest pain. X-rays were taken of Ms. Revel's chest. Dr. Frank Monte, a specialist in internal medicine, diagnosed her as having right lobe pneumonia. Dr. Monte treated Ms. Revel for the pneumonia and released her from the hospital. Although Ms. Revel had two risk factors for pneumonia, namely, smoking and being overweight, Dr. Monte believed that the general anesthesia given to Ms. Revel prior to the neurotomy, which interfered with her normal body defenses, triggered the pneumonia. Medically, he believed there was a causal relationship between the general anesthesia and the pneumonia.

Dr. Vogel believed that the cervical neurotomy was a success. He assigned her a 10 to 15 percent temporary disability of the body as a whole. Since the full effects of the surgery would not be felt for a full year after the surgery, Dr. Vogel did not assign a permanent disability. He did testify that 85% of the people who have the type of procedure conducted on Ms. Revel have as much as 90% pain relief. He discharged Ms. Revel.

Dr. Kewalramani also believed that the surgery helped Ms. Revel's condition. Dr. Kewalramani testified that he could not assign a permanent disability rating to Ms. Revel since he did not conduct an examination for that purpose. In fact, Ms. Revel's permanent disability is not determined anywhere in the record.

Dr. Aprill testified that the cervical neurotomy was an appropriate procedure based upon the results of the facet arthrogram.

With regard to Ms. Revel's psychological health, she began to see Mr. Tim Kemery, a clinical social worker, on July 17, 1992, with the following symptoms: insomnia, headaches, lack of energy, irritability, crying spells, feelings of sadness and helplessness, problems concentrating, memory difficulty, and weight gain. Ms. Revel revealed the following history to Mr. Kemery: She had a failed marriage of 21 years. She had bouts with both breast cancer and skin cancer and underwent a radical mastectomy for the breast cancer. She had two previous lumbar surgeries. Her live-in companion was diagnosed with cancer and died within a year. She was in an automobile accident and underwent a cervical procedure as a result.

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Cite This Page — Counsel Stack

Bluebook (online)
664 So. 2d 655, 1995 WL 640702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/revel-v-snow-lactapp-1995.