Roberts v. State

776 So. 2d 519, 2000 WL 1693129
CourtLouisiana Court of Appeal
DecidedNovember 2, 2000
Docket00-778
StatusPublished
Cited by7 cases

This text of 776 So. 2d 519 (Roberts v. State) 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
Roberts v. State, 776 So. 2d 519, 2000 WL 1693129 (La. Ct. App. 2000).

Opinion

776 So.2d 519 (2000)

Noah Elton ROBERTS
v.
STATE of Louisiana.

No. 00-778.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2000.
Writ Denied February 2, 2001.

*520 Howard Nugent, Jr., Alexandria, LA, Counsel for Plaintiff/Appellant.

Victoria Reed Murry, Alexandria, LA, Counsel for Defendant/Appellee.

Dee D. Drell, Alexandria, LA, Counsel for Intervenor.

(Court composed of BILLIE COLOMBARO WOODARD, MARC T. AMY, and MICHAEL G. SULLIVAN, Judges.)

*521 SULLIVAN, Judge.

Noah Roberts, a computer repairman, injured himself while on assignment at the State of Louisiana, Office of Community Services in Alexandria, Louisiana. He and his wife, Patsy, appeal the judgment of the trial court which awarded him damages totaling $64,703.45, and assessed him with fifty-seven percent fault. The State of Louisiana appeals the jury's determination that it was at fault. For the following reasons, we amend in part, affirm in part, reverse in part, and render.

Facts

On September 6, 1995, Mr. Roberts was employed by Memorex Telex Corporation. Memorex contracted with the State of Louisiana, Department of Social Services, Office of Community Services (OCS), to provide computer repair and technical services to OCS at its Alexandria office. Mr. Roberts began providing repair services to the office in approximately 1993. In 1990, OCS had purchased computer workstations for ten to twelve of its thirty-two employees. The workstations had a flat desktop with an open hutch on the back portion of the desktop. The hutch was divided into two sections which housed movable shelves. The shelves were placed on metal pins that were inserted into predrilled holes on the vertical sides of each section of the hutch.

On September 6, 1995, Mr. Roberts went to OCS to replace a computer processing unit (CPU) for Ms. Sharon Turner, an OCS employee. Ms. Turner's CPU was situated on one of the movable shelves of her workstation. In order to replace the CPU, Mr. Roberts had to disconnect cables for the computer components that were plugged into the rear of the CPU. The CPU was larger than the shelf and extended over the front and rear edges of the shelf. To access the cables, Mr. Roberts picked up the CPU and began moving it forward. As he did so, the shelf moved forward with the CPU, and the shelf and CPU became unbalanced. The movement of the shelf and the CPU caused Mr. Roberts to become unsteady on his feet. At the same time, books and "whatever" on the station started falling. Mr. Roberts stepped backward to keep from getting hit on the head by items falling from the workstation. He struggled to control the CPU but could not. He stumbled, fell backward, and landed in a sitting position on the floor. During his fall, his buttocks hit the edge of a leg of Ms. Turner's chair.

No one witnessed the accident. Shortly after the accident, Ms. Turner and other employees of the office went to see what had occurred. Mr. Roberts testified that when Ms. Turner saw him sitting on the floor she stated: "I knew this was going to happen." However, Ms. Turner denied making the comment.

Mr. Roberts could not continue with his work and drove to his mother's home to rest. After resting a while, he determined that he could not drive himself home and called his wife to pick him up. After his fall, Mr. Roberts had pain in his neck and back. On September 7, 1995, he sought medical treatment from Dr. Allen Redding in Columbia. He saw Dr. Redding on approximately four occasions.

On September 27, 1995, Mr. Roberts saw Dr. Meril Dufrene, a chiropractor, complaining with neck pain, upper back pain, mainly on the right side, right arm pain, low back pain and spasm, headaches, and right hip pain. During this time, he also saw Dr. Mark O'Pereo who hospitalized him at Caldwell Memorial Hospital. Dr. Dufrene treated Mr. Roberts conservatively. During Dr. Dufrene's treatment, Mr. Roberts' did not show much improvement; his complaints would wax and wane. Dr. Dufrene referred him to Dr. John Weiss, an orthopedic surgeon in Alexandria.

On November 29, 1995, Mr. Roberts had his first appointment with Dr. Weiss. He complained of headaches which occurred almost every day, as well as pain in his neck and back. He related that he previously had a tingling sensation in his *522 right index finger which had cleared by his first visit with Dr. Weiss. Early in his treatment with Dr. Weiss, Mr. Roberts complained of almost constant pain in his neck. Testing revealed a small focal herniation at C4-5 in his neck; however, Dr. Weiss thought Mr. Roberts' neck problems were probably facet arthritis. He prescribed cervical traction and prescription medications for pain. By May 1996, Mr. Roberts' neck felt fine; he no longer complained of pain in his neck.

Dr. Weiss ordered a lumbar CT scan, which revealed a wide postero-lateral herniation with a moderate bulge at L4-5. According to Dr. Weiss, the herniation could cause pressure on the L4 or L5 nerve roots. Physical therapy was prescribed for Mr. Roberts' back. However, in March Dr. Weiss stopped the physical therapy and had Mr. Roberts walk one mile a day. In April, Mr. Roberts complained of low back pain at a level of five to six on a scale of one to ten. He reported that the pain was severe after walking or sitting. Dr. Weiss re-instituted physical therapy at that time.

Then in May, Mr. Roberts reported numbness in his right foot, intermittent pain in his low back, and pain in his right leg. He also reported that he could only walk about three-fourths of a mile without having to stop and rest. He complained of pain on bending, and also with prolonged sitting or standing. Dr. Weiss thought Mr. Roberts needed a more thorough surgical evaluation because, in his opinion, the broad-based herniation in his back was giving him more and more problems. He referred Mr. Roberts to another neurosurgeon because he no longer performed surgery.

On July 7, 1996, Mr. Roberts saw Dr. John Jackson, a neurosurgeon in New Orleans. Dr. Jackson did not feel that Mr. Roberts was a candidate for immediate surgery. He informed him that he was a candidate for a partial hemilaminectomy on the left at L4-5 with removal of the ruptured disc and decompression of the nerve root and a foraminatomy, if his pain reached a point where he could not tolerate it. Dr. Jackson, as well as Dr. Weiss, was of the opinion that the fall, as described by Mr. Roberts, was enough to cause the herniation at L4-5. As of the trial, Mr. Roberts wanted to have surgery but it had not been approved by his employer's workers' compensation insurer.

After his injury, Mr. Roberts, on order of his physicians, was unable to return to work. He did not perform any work between the accident and the trial. His wife had to go to work due to his inability to work. His injuries affected not only his ability to work, but also his enjoyment of other activities, like fishing and hunting, that he previously enjoyed. He became depressed because he could not work and because Mrs. Roberts had to go to work. This had a negative effect on his relationship with her. Mr. Roberts testified that he felt useless. The Roberts had separated in 1992; Mr. Roberts testified that they were separated only two days and that after the separation their relationship was good and loving until the accident. Mr. and Mrs. Roberts testified that the accident strained their relationship. Their sexual relationship was negatively affected. On occasion, Mr. Roberts was impotent. He related that some of his medications could cause impotence. The Roberts separated on two occasions after the accident.

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Cite This Page — Counsel Stack

Bluebook (online)
776 So. 2d 519, 2000 WL 1693129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-state-lactapp-2000.