Richardson v. DeVille

204 So. 2d 411, 1967 La. App. LEXIS 4850
CourtLouisiana Court of Appeal
DecidedNovember 29, 1967
DocketNo. 2155
StatusPublished
Cited by2 cases

This text of 204 So. 2d 411 (Richardson v. DeVille) 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
Richardson v. DeVille, 204 So. 2d 411, 1967 La. App. LEXIS 4850 (La. Ct. App. 1967).

Opinion

HOOD, Judge.

Plaintiffs, Mr. and Mrs. C. W. Richardson, instituted this suit for damages for injuries sustained by Mrs. Richardson as the result of a motor vehicle collision. The sole remaining defendant at the time of the trial was United States Fidelity and Guaranty Company. The case was tried by jury and it resulted in a verdict for plaintiffs, the sum of $4,350.00 having been awarded to Mr. Richardson and $6,-000.00 having been awarded to Mrs. Richardson. Judgment was rendered by the trial court in accordance with that verdict.

Plaintiffs appealed demanding that the awards be increased, and defendant has answered the appeal praying that the amounts awarded be reduced. The sole issue presented, therefore, relates to quantum.

The accident occurred about 3:00 p. m. on March 7, 1966, at a street intersection in Alexandria, Louisiana. Mrs. Richardson, while driving her family car, stopped for a red traffic light at a street intersection, and waited for the light to change to green. Charles Ray DeVille, who was driving a pick-up truck, stopped behind Mrs. Richardson for the same purpose. Under the mistaken belief that the traffic signal had changed to green, DeVille started his truck forward and caused it to collide with the rear of the Richardson car. The collision was of a relatively minor nature, but plaintiffs contend that as a result of it Mrs. Richardson sustained serious injuries to her neck “as well as psychological involvement.” Defendant was the insurer of the DeVille pick-up truck at the time of the accident.

Mrs. Richardson testified that she drove her car to her home in Oakdale that afternoon, and that she experienced no pain “other than vomiting” for several hours after the accident occurred. She stated that the next morning she felt pain in her neck, between her shoulders and in the fingers of her right hand, and she thereupon consulted a physician. Her father was critically ill in Alexandria at that time, so she did not go to bed or rest, but instead she drove to Alexandria daily for the next few days to see and care for him. She consulted her family doctor, Dr. Walter Asseff, one week after the accident occurred, and she remained under his care and treatment from that time until the date of the trial, about one year later. She also was treated by Dr. C. W. Lowrey, an orthopedic surgeon, on three occasions. A myelogram was performed by a radiologist, and she was examined by a general practitioner, a neurologist, two specialists in internal medicine, two orthopedic surgeons [413]*413and a psychiatrist. The two treating physicians, the radiologist and four of the examining physicians testified at the trial.

Mrs. Richardson is 34 years of age. About 14 years before this accident occurred she was hospitalized for a condition described as “psychoneumatic reaction reactive depression,” and she was given electroshock treatments. After that time and before this accident occurred she had at least one other episode of depression, and one of the examining physicians observed that “she had probably always been either acutely or chronically anxious.” She was operating a beauty shop at the time the accident occurred, and she testified that because of the pain which she suffered from her injuries she was unable to operate her shop for a period of from four to six months. She stated that she is still suffering pain at the base of her skull, between her shoulders and in her right hand, and that she has been very nervous since the accident occurred.

Dr. Asseff, one of the treating physicians, diagnosed Mrs. Richardson’s injury as a “cervical muscle strain.” He found no objective signs of injury at any time, and he stated that an x-ray examination and the myelogram which was performed also were negative as to injury or disability. Although he diagnosed her injury as being only a cervical strain, he received a report from a neurosurgeon to whom Mrs. Richardson had been referred to the effect that she had a cervical disc injury, and Dr. Asseff thereupon deferred to the neurosurgeon and proceeded to treat her as though she had such an injury.

Dr. Lowrey treated her on three occasions, on March 14, April 28 and June .27, 1966. He, like Dr. Asseff, found no objective signs of injury, and he noted that the x-rays and myelogram were negative as to cervical abnormalities. He conceded that “there was a possibility of a disc,” but he stated that he could not make such a diagnosis on the basis of his findings. He concluded that Mrs. Richardson had sustained a “cervical strain” as a result of the accident.

Dr. Seymour Oschner, a radiologist, performed a cervical myelogram study on the injured plaintiff on July 19, 1966, and he concluded from that study that there was “no evidence of herniated disc or any other abnormality.”

Dr. Robert E. Ball, Jr., a specialist in internal medicine, and Dr. Daniel Kingsley, an orthopedist, each of whom examined Mrs. Richardson once, found no objective signs of injury or disability which could have been caused by trauma.

Plaintiffs rely largely on the opinions expressed by D'r. R. C. Llewellyn, a neurosurgeon, and by Dr. Charles Rodney Smith, a psychiatrist. Dr. Llewellyn examined Mrs. Richardson on June 13 and July 17, 1966, and on January 16, 1967, and he studied the reports of the myelogram which was made on July 19, 1966. He testified that in his opinion “the myelogram was not entirely normal,” that he found objective signs of injury, including muscle spasm of the muscles of the neck, and that he concluded that Mrs. Richardson had sustained a “cervical disc injury and cervical spine sprain.” He recommended that surgery be performed, and he estimated the cost of the surgery, including hospitalization, to be at least $1,100.00. He was firm in his conviction that she had a disc injury.

Dr. Charles Rodney Smith, a psychiatrist, examined plaintiff on January 16, 1967, and diagnosed her condition as a “chronic anxiety neurosis” of moderate to severe degree. In his opinion the accident, the injury and the subsequent treatment have “reinforced and aggravated the neurotic condition,” and he feels that psychiatric treatments should be administered to prevent more severe disabling depressive symptoms.

In connection with the treatment which was administered for the injury, Mrs. Richardson was confined to the hospital for three days on one occasion and for eight or nine days on another. She wore a cervical [414]*414collar for four or five weeks, and she has used a device for applying traction to her neck in her home.

Plaintiffs argue that Mrs. Richardson had a “cervical disc lesion superimposed upon a cervical disc strain associated with chronic emotional disturbance aggravated by the accident and subsequent pain and suffering, all of which requires that she undergo surgery and psychotherapy.” On that assumption they contend that the award of $6,000.00 as general damage to this plaintiff is inadequate. Defendant contends that the injury sustained by Mrs. Richardson amounted to nothing more than a “moderate whiplash injury,” and that the award made for that injury by the trial'court is excessive.

The trial judge or jury is vested with much discretion in the awarding of general damages for personal injuries, and the award made for such damages by the judge or jury will not be disturbed on appellate review unless it is clearly inadequate or excessive. Ballard v. National Indemnity Company of Omaha, Neb., 246 La. 963, 169 So.2d 64 (1964); and Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963).

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Bluebook (online)
204 So. 2d 411, 1967 La. App. LEXIS 4850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-deville-lactapp-1967.